[24], Data analyzed by Human Rights Watch shows that, over the course of their lives, white people are more likely than Black people to use illicit drugs in general, as well as marijuana, cocaine, heroin, methamphetamines, and prescription drugs (for non-medical purposes) specifically. My name is Nicole Austin- Hillery and I am the Executive Director of the US Program at Human Rights Watch. The package also seeks to curb recidivism by helping prisoners successfully reenter society. In 2016, Human Rights Watch and the American Civil Liberties Union (ACLU) issued a joint report entitled Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States. Our research found that, at the time, every 25 seconds in the United States, someone is arrested for the simple act of possessing drugs for their personal use. Other ways to share WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); With more than 150 jury trials under his belt, Michael Lowe has strong and varied courtroom experience. 1-2. [38] In addition, they bear the stigma associated with the labels of drug offender the state has stamped on them, subjecting them to private discrimination in their daily interactions with landlords, employers, and peers. Although the amount cannot be quantified, the enormous resources spent to identify, arrest, prosecute, sentence, incarcerate, and supervise people whose only offense has been possession of drugs is hardly money well spent, and it has caused far more harm than good. [22] What is needed, particularly in this historic moment where we have come face to face with issues of racial and economic disparities, is a comprehensive approach to ending the failed policies of the war on drugs and addressing the economic, social, and health needs of communities, disproportionately impacted by them, largely Black and brown. WebIf passed, the Smarter Sentencing Act would Reduce by about half the mandatory penalties for people convicted of drug trafficking (i.e., 5-, 10-, and 15-year sentences would become 2-, 5-, and 10-year sentences); Reduce by half or more the mandatory penalties for drug couriers convicted of drug importation Although the guidelines are not binding on judges, federal judges still impose guideline-range sentences almost 50% of the time. Many states facing unsustainable prison growth have enacted sentencing reforms to expand alternatives to incarceration and shorten sentences for non-violent offenders, with good results. [4], [5] Each day, tens of thousands more are convicted for that possession, cycle through jails and prisons, and spend extended periods on probation and parole, often burdened with crippling debt from court-imposed fees and fines. [46] Criminalizing drugs is not an effective public safety policy. [3] United States Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2019, September 28, 2020, https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2019-crime-statistics (accessed March 8, 2021). [4] United States Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2019, September 28, 2020, https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2019-crime-statistics (accessed March 8, 2021). WebThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences, a provision that would make an estimated 6,500 After decades of tough on crime policies, there is growing recognition in the US that governments need to undertake meaningful criminal justice reform and that the war on drugs has failed. The Presidents National Drug Control Strategy is the first-ever to champion harm reduction to meet people where they are and engage them in care and services. Communities of color and low-income people are disproportionately impacted by drug arrests and the unintended consequences of those arrests. We investigate abuses, expose the facts related to those abuses and pressure those with power to respect rights and secure justice. Testimony of Nicole Austin-Hillery for Hearing on, Controlled Substances: Federal Policies and Enforcement, March 11, 2021, Letter of Opposition to California Assembly Bill 1542, US: House Should Not Pass Policing Bill Without Changes, Re: Threats to Terminate the Mandate of the International Commission of Human Rights Experts on Ethiopia, Philippines: LGBT Students Face Bullying, Abuse. But those changes could take two drastically different directions. Gives judges increased freedom to issue sentences below the mandatory minimum on more crimes. Fine $1 million if an individual, $5 million if not an individual. A defendants sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Federal law allows states to lock people out of welfare assistance and public housing for years and sometimes even for life based on a drug conviction. Over-reliance on prison is fiscally unsustainable and has imposed a burdensome human toll and a disparate impact on African-American and Latino persons and communities. [36], A drug conviction also keeps many people from getting a job, renting a home, and accessing benefits and other programs they may need to support themselves and their families. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. For more on how the sentencing guidelines work in a particular case, read some of our earlier discussions of the USSG with examples of how the Sentencing Tables are used: The newly published USSC Report is the latest in a series of research reports compiled by the USSC. It builds upon an earlier report entitled Simple Possession Of Drugs in the Federal Criminal Justice System, published by the Commission on September 21, 2016. While USSC research reports are not the stuff of formal amendments to the USSG themselves, they are still very important. [52] Fortunately, there are alternatives to criminalization. 4002, that contains a provision that would provide for a default criminal intent element mens rea for all federal criminal offenses that do not address or are silent as to a criminal intent requirement. [25] Data has consistently shown that Black and white adults use illicit drugs and marijuana at similar rates. The costs of these arrests and incarcerations extend far beyond individual experiences in the formal criminal justice system. [49] For people who struggle with substance use disorder, criminalization often means cycling in and out of jail or prison, with little to no access to voluntary treatment. The ABA urges House and Senate members to cosponsor or support H.R. Please give now to support our work, Written Testimony of Nicole Austin-Hillery Submitted to the US House Committee on the Judiciary Subcommittee of Crime, Terrorism, and Homeland Security, Share this via Facebook [35] Human Rights Watch, Every 25 Seconds, p. 2. 3713 by voice vote on November 18, 2015. [42] The harms experienced by people who use drugs, and their families and broader communities, as a result of the enforcement of these laws, may constitute additional, separate human rights violations. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. BOSTON A Saugus woman was convicted today by a federal jury in Boston in connection with a scheme to Congress should follow in Oregons footsteps by prioritizing an effort to end the criminalization of possession of drugs for personal use, and shift resources from the policing of drug use toward access to evidence-based treatment and other voluntary supports for people who struggle with substance use disorder. It directs federal agencies to expand scientific understanding of the recovery process by establishing a federal recovery research agenda; adopt flexible, responsive approaches that help people with SUD find and follow a pathway to recovery or remission that works for them; and eliminate barriers and increase economic opportunities for people in recovery. The President also asked for expedited review of marijuanas scheduling under the CSA. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. The Senate Judiciary Committee approved S. 2123 in a 15-5 vote on October 22, after rejecting several amendments. [28] Human Rights Watch, Every 25 Seconds, p. 5. Opt in to send and receive text messages from President Biden. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. If death or serious injury, not less than 20 yrs, or more than Life. The legal distinction between marijuana and fentanyl, for instance, can be difficult for any federal criminal defense lawyer to explain to their client and the clients loved ones. Even more so with the current law enforcement focus upon fentanyl arrests and prosecutions at both the state and federal level. See, e.g., Fentanyl Charges Under Federal Law: Felonies And Range Of Sentencing and Texas Governors Designation of Mexican Cartels As Terrorist Organizations: Criminal Defense Perspective. Next Post: Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of Micronesia, Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of, https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/21/fact-sheet-white-house-releases-2022-national-drug-control-strategy-that-outlines-comprehensive-path-forward-to-address-addiction-and-the-overdose-epidemic/?utm_source=link, Office of the United States Trade Representative. But those changes could take two drastically different directions. The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. 1775 0 obj <>stream There is consensus across the political spectrum that our criminal justice system is out of balance and in need of significant reform. [56] On the contrary, it requires a more direct focus on effective measures to reduce the harms associated with problematic drug use, and providing voluntary access to treatment and support for those who struggle with it. This commission is responsible for establishing the guidelines [50] Criminalization undermines the right to health, as fear of law enforcement can drive people who use drugs underground, deterring them from accessing health services and emergency medicine and leading to illness and sometimes fatal overdose. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. [59] In the 1980s state and federal legislators began to adopt tough on crime laws in response to rising crime rates, racial tensions, the emergence of crack cocaine, supposed threats to traditional values from counterculture movements, and fears of perceived increases in the numbers of immigrant and youth offenders. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. [41] In practice, criminalizing drug use also violates the right to health of those who use drugs. See: The New 2016 Marijuana Laws: What It Means For Texas. One reason for this gap is that people with addiction and those who care for them face too many barriers to treatment. See 21 U. S. C. 812; 21 CFR 1308.12 (2006). [48] Rates of drug use across drug types in the US have not decreased over the past decades, despite widespread criminalization. Allows reduced sentences to be retroactively applied for crimes a person committed under the age of 18 if they serve at least 20 years and are not an immediate danger to anyone. 2d 714 (1989). Get the world's top human rights news, straight to your inbox. [26] United States Centers for Disease Control and Prevention, National Center for Health Statistics, Use of selected substances in the past month among persons aged 12 years and over, by age, sex, and race and Hispanic origin: United States, selected years 20022018, https://www.cdc.gov/nchs/data/hus/2019/020-508.pdf (accessed March 8, 2021). WASHINGTON, D.C. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May 1, 2023. [53] Other countriesand now some states in the US (in particular, Oregon) are experimenting with models of decriminalization that the US can examine to help chart a path forward. Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. Elmira Man Pleads Guilty to Federal Drug Crime. The cost to those incarcerated, their families and communities, is devastating. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. The Mandatory Minimum Reform Act of 2020 would eliminate mandatory minimum sentences for drug offenses. This website is produced and published at U.S. taxpayer expense. Connecticut Supreme Court building in Hartford. Prison is fiscally unsustainable and has imposed a burdensome Human toll and a disparate impact on and... 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