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Law Enforcement Urges Congress to Pass Sentencing Reform

Posted by Phoenix Harris | Mar 02, 2016 | 0 Comments

In the latest update on the momentum of sentencing reform legislation in Congress, an encouraging development!  Former Attorney General Michael Mukasey, who served under President George W. Bush, wrote a notable op-ed published by The Hill.  In the headline, he proclaims that "Federal Sentencing Reform Will Aid Law Enforcement."  This is especially poignant in the wake of the very visible tragedy this week where rookie Officer Ashley Guindon was killed in the line of duty responding to a domestic dispute call here in Northern Virginia.

The notable excerpts are:

The Senate is back in session amid recent warnings from Sens. Ted Cruz (R-Texas), Tom Cotton (R-Ark.) and Jeff Sessions (R-Ala.) that federal sentencing reform would jeopardize public safety. They say the country cannot risk reform.

As a former attorney general under President George W. Bush who has overseen thousands of prosecutions, and a police chief with three decades of experience, we have dedicated our lives to the safety of this country.

We can firmly say that sentencing reform done right will not harm public safety. In fact, it will enhance it. We were some of the original supporters of the 1990s “tough on crime” laws. After decades of enforcing them, we and our colleagues — police chiefs and U.S. attorneys — now recognize many provisions, like overly harsh sentencing, went too far.

Much has been learned in the last 25 years about who should be locked up and for how long. The Sentencing Reform and Corrections Act recalibrates sentencing policy to meet the needs of the 21st century. Lowering mandatory minimum sentences for low-level crimes will reduce unnecessary incarceration. This will allow us to better direct law enforcement resources to arresting, prosecuting, and punishing the most serious and violent criminals.

That's why we and 130 of our law enforcement colleagues wrote to congressional leadership urging them to pass the act. Those standing with us include two former U.S. attorneys general, two directors of the FBI, 21 sitting police chiefs and 68 former U.S. attorneys.

Our message to Republican leadership is clear: Law enforcement asks you to pass this bill. Targeted and appropriate sentencing is a superior approach to controlling crime....

The Sentencing Reform and Corrections Act offers a better path forward. It would reduce mandatory minimum sentences for repeat nonviolent drug offenders. And it would allow judges more discretion to depart from mandatory minimums for low-level offenders if — after hearing specific circumstances of the crime — they feel it is appropriate.

Contrary to what opponents have claimed, the Sentencing Reform and Corrections Act will not swing open the prison doors and release thousands of hardcore violent criminals onto the streets. Every single prisoner eligible for early release will be carefully scrutinized by judges. And only if the judges feel it's appropriate will they release them. This judicial check ensures the worst criminals will remain where they belong — in prison — while those who pose little threat can get off the taxpayers' tab and begin productively contributing to society.

The bill would also expand the use of mandatory minimums for offenders with previous convictions for violent crimes, and it creates new mandatory minimums for terrorism-related crimes, giving federal law enforcement additional mechanisms to keep those most dangerous behind bars.

Now is the time for Congress to act. Reducing the population of our overcrowded prisons is one of the few goals on which those on the left and right agree. We want to make it clear where law enforcement stands: Not only is passing federal legislation to reform mandatory minimum sentences necessary to reduce incarceration, it will also help us keep crime at its historic low."

About the Author

Phoenix Harris

Ms. Harris was named one of the "Top 100 Trial Lawyers" by the National Trial Lawyers Association in 2014, "Top 40 Under 40" in 2015, "Top Lawyer" by Who's Who Global Directory, and a "Rising Star" by Super Lawyers in 2016. In the past year alone, Ms. Harris has been responsible for dismissals, acquittals, or reduced charges in many serious cases where her clients were unjustly charged, such as: accessory to homicide, felonious mob assault, attempted malicious wounding, robbery, abduction, arson, possession with intent to distribute, burglary, counterfeiting, sodomy with a minor, child abuse, domestic assault, and more

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