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SENTENCING POLICY



Changes in sentencing law and policy, not increases in crime rates, explain most of the six-fold increase in the national prison population. These changes have significantly impacted racial disparities in sentencing, as well as increased the use of “one size fits all" mandatory minimum sentences that allow little consideration for individual characteristics.

 

Sentencing Policy News
June 17, 2013
RACE TO INCARCERATE: A GRAPHIC RETELLING

First published in 1999, Marc Mauer’s Race to Incarcerate, a seminal work which explains the exponential growth of the U.S. prison system, has just been published as Race to Incarcerate: A Graphic Retelling.

Mauer collaborated with graphic artist Sabrina Jones to adapt and update the original text to produce a vivid and engaging comics narrative that chronicles four decades of prison expansion and its corrosive effect on generations of Americans and the implications for American democracy.


June 19, 2013 (The Sentencing Project)
New Publication: A Primer on Felony Disenfranchisement

The dramatic growth of the U.S. prison population in the last 40 years has led to record levels of disenfranchisement, with an estimated 5.85 million citizens banned from the polls today. Felony Disenfranchisement: A Primer provides an introduction to the issue, covering: an overview of state felony disenfranchisement policies; the history and impact of felony disenfranchisement; state-level reform efforts; disenfranchisement policies in an international context; and the impact of felony disenfranchisement.


June 18, 2013 (U.S. News)
Mandatory Minimum Drug Sentences Now in Jury's Hands

The Supreme Court ruled Monday that a jury, not a judge, should have the final say on facts that impose mandatory minimum sentences.

In particular, the 5-4 ruling will make it harder to impose minimum sentences on drug offenders, because they are among the most frequent to receive those sentences. Justice Clarence Thomas wrote the majority opinion. He was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

"Mandatory minimums for drug offenders will lessen, but it's difficult to say to what extent," says Marc Mauer, executive director of The Sentencing Project, which opposes mandatory minimum sentences. "It's also likely that this will have beneficial effects in reducing racial disparity, because so many mandatory minimums are imposed for drug offenses, and because African-Americans in particular are on the receiving end of those penalties.


June 18, 2013 (New Books in Public Policy)
Mauer on how the U.S. became the world’s leader in incarceration

Marc Mauer, executive director of The Sentencing Project, discussed Race to Incarcerate: A Graphic Retelling, done in collaboration with artist Sabrina Jones, with Shawn Hamilton of New Books in Public Policy.com.  The book has become the essential text for understanding the exponential growth of the U.S. prison system.  Michelle Alexander, author of the bestselling The New Jim Crow, calls it "utterly indispensable."  Listen here.


June 17, 2013 (The Sentencing Project)
U.S. Supreme Court Ruling on Mandatory Sentencing Will Bring Greater Fairness in Sentencing

In a 5 to 4 decision today, the U.S. Supreme Court ruled that certain facts must be proved to a jury beyond a reasonable doubt in order to impose a mandatory minimum sentence.   The case of Alleyne v. United States focused on whether in federal cases the brandishing of a weapon must be charged in an indictment, and proved to a jury, in order to set or increase a mandatory minimum. The Court held that this rigorous burden of proof is required by the Sixth Amendment to the U.S. Constitution.

“Today’s decision is a victory for the thousands of individuals and their families -- disproportionately from communities of color -- whose lives are put on hold each year by unjust mandatory minimum sentences," said Marc Mauer, executive director of The Sentencing Project.  "Research shows that mandatory minimums contribute significantly to racial disparities in punishment.  By requiring a higher burden of proof in order to impose such sentences, the Court has taken an important step toward diminishing a primary driver of high prison populations, increasing prison costs, and racial unfairness in the criminal justice system.”