A BLUE-RIBBON INDICTMENT

A 645-page report from the United States Sentencing Commission found
that federal mandatory minimum sentences are often "excessively
severe," not "narrowly tailored to apply only to those offenders who
warrant such punishment," and not "applied consistently." That is
especially so for sentences of people convicted of drug-trafficking
offenses, who make up more than 75 percent of those given federal
mandatory minimum sentences.

This is a powerful indictment from the commission, which has three
Republicans and three Democrats and operates by consensus. The report
shows that harsh mandatory minimums have contributed to the near
tripling of federal prisoners in the last 20 years, reaching 208,000
in 2009 and putting federal prisons 37 percent over capacity.

The effects of mandatory minimums on repeat offenders are perhaps the
harshest. In the Anti-Drug Abuse Act of 1986, Congress established
five-year minimum terms for "serious" traffickers and 10-year minimums
for "major" traffickers, as defined by different quantities for
different drugs. But those sentences are often lengthened in any
number of ways. A prior conviction for any "felony drug offense"
punishable by more than a year, including for simple possession,
doubles those terms. Two prior convictions raise the presumption to a
mandatory life term. At the same time, there can be great disparity in
punishment. Committing the same drug crime can lead to a felony
conviction in one state but a misdemeanor in another, which can then
lead to widely differing federal sentences.

The racial disparities in sentencing are also stark. In some cases,
mandatory minimums can be reduced for offenders if the crime did not
involve violence or a gun. But most African-American drug offenders
convicted of a crime carrying a mandatory minimum sentence could not
meet these and other requirements: only 39 percent qualified for a
reduction compared with 64 percent of whites.

The report notes that inequitable sentencing policies "may foster
disrespect for and lack of confidence in the federal criminal justice
system." Not "may." Given the well-documented unfairness, Congress
needs to rescind all mandatory minimum sentences.