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The War on Drugs is Sending Thousands of People to Prison...
The war on drugs commenced in the 1980s as part of a larger tough-on-crime initiative in the United States. A major resulting policy was mandatory minimum sentencing, which prescribes automated, inflexible sentences determined by the type and amount of drug involved and other factors such as the presence of a weapon. A component of this sentencing structure is a 100 to 1 sentencing disparity between crack powder and crack cocaine, which has significantly contributed to the rise in incarceration rates of racial minorities for drug offenses. Since these policies were enacted on federal and state levels, arrests for drug offenses have more than tripled—approaching 2 million per year.
...with unjust,ineffective sentences and few treatment options.
Unfortunately, U.S. drug policy has expanded the prison drug offender population without effectively subduing the drug market. Moreover, mandatory minimum sentences significantly limit judges’ discretion in drug cases and are often terribly unfair, placing many non-violent men and women behind bars for low-level selling activity while drug kingpins continue freely in their work. These policies have particularly contributed to a dramatic increase in the number of incarcerated women. Between 1986 and 1996, the number of female inmates in state correctional systems for drug offenses rose by 888%. Additionally, racial minorities disproportionately suffer from such sentencing as drug enforcement efforts target minority communities. Drug offenders face a bleak reentry situation due to funding shortages for addiction recovery programs in impoverished communities; lack of in-prison treatment; inadequate rehabilitation options; and the barring of former drug users from receiving public welfare benefits that they may need upon release from prison.
Justice Fellowship calls for a smarter battle against drug use.
Justice Fellowship supports reforming mandatory minimum laws to eliminate the arbitrary disparity between crack cocaine and powder cocaine. To this end, Pat Nolan, Vice President of Prison Fellowship, testified before the U.S. Sentencing Commission in November 2007 and successfully advocated for the Commission to make retroactive its recent reductions in crack cocaine sentences. Drug sentences should target high-level dealers while allowing judicial discretion for all cases. Accordingly, federal enforcement should focus on high-level and international traffickers while leaving most low-level cases to the states to prosecute. The Second Chance Act of 2007, which Justice Fellowship actively supported, authorizes grants for state drug courts and offender treatment programs, which is an important step in providing resources for offenders to break the drug cycle. These reforms will counteract the growing prison population while making the war on drugs a smarter battle.
Justice eReports
Progress on Addressing Unjust Cocaine Sentences
January 31, 2008, Vol. 7, No. 2
Giving Prisoners a Second Chance
April 24, 2008, Vol. 7, No. 6
Making the Fight Against Cocaine More Effective
April 12, 2007, Vol. 6, No. 4
"Cracked" Sentencing System for Cocaine Needs to be Fixed
January 11, 2007, Vol. 6, No. 1
Mandatory Minimums: Unjust and Unbiblical
February 1, 2006, Vol. 5, No. 2
Misguided and Unconstitutional Guidelines
January 26, 2005, Vol. 4, No. 2
U.S. Supreme Court Examines Sentencing Guidelines
December 1, 2004, Vol. 3, No. 29
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