Showing posts with label mandatory sentencing. Show all posts
Showing posts with label mandatory sentencing. Show all posts

Saturday, July 22, 2017

CONYERS Weekly CBC Message To America: Understanding The Roots Of Crime & Poverty


Congressman John Conyers, Jr. addresses the deeply rooted issues of crime and persistent poverty in urban communities from a criminal justice perspective. Rep. Conyers serves as the Ranking Member on the House Judiciary Committee and serves as the Dean (longest serving Member) of the House of Representatives.

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CONYERS Weekly CBC Message To America: Understanding The Roots Of Crime & Poverty


Congressman John Conyers, Jr. addresses the deeply rooted issues of crime and persistent poverty in urban communities from a criminal justice perspective. Rep. Conyers serves as the Ranking Member on the House Judiciary Committee and serves as the Dean (longest serving Member) of the House of Representatives.

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Wednesday, July 12, 2017

CONYERS Statement for the Markup of H.R. 2851, the “Stop the Importation and Trafficking of Synthetic Analogues Act of 2017” by the Committee on the Judiciary

Dean of the U.S. House
of Representatives
John Conyers, Jr.
H.R. 2851, the “Stop the Importation and Trafficking of Synthetic Analogues Act of 2017,” is intended to address the problem of the illicit use of analog synthetic drugs. 

This bill involves important issues concerning public health and safety, and also fairness in our criminal justice system. 

While I appreciate the desire to protect our citizens from dangerous drugs, I must oppose this flawed bill. 

I recognize that analogs to some synthetic drugs are dangerous and are harming our citizens – particularly young people. 

Some of these modified, man-made substances are more potent, more dangerous, and oftentimes more deadly than the substances they are designed to mimic.

However, in addressing the dangers these drugs pose, I believe Congress must be careful in advancing any legislative response. 

Unfortunately, H.R. 2851, although well-intended, is ultimately unwise for several reasons.

To begin with, this measure would give the Attorney General almost unfettered authority over the regulation of these substances. 

While much of the conversation surrounding synthetic analogues focuses on the chemistry of the substances – from the process of manufacturing them to their effect on the human body – H.R. 2851 would eliminate vital scientific and medical evaluations normally undertaken by the Department of Health and Human Services and the Food and Drug Administration and do away with binding recommendations provided by the Department of Health and Human Services in scheduling drugs.

There are already statutory mechanisms in place to provide for the scheduling and regulation of new drugs that may be dangerous if misused.  Those mechanisms require an appropriate degree of collaboration among the Justice Department, the Department of Health and Human Services, and the Food and Drug Administration in scheduling synthetic analogues.

This is because each of these agencies are equally important to the scheduling process.

And under this bill, not only would the Attorney General hold the sole authority to schedule these substances, but he or she would also have the power to shape sentencing policy – without the input of the U.S. Sentencing Commission that is currently studying the issue of synthetic drugs and penalties.
Secondly, we must be cautious in our response to synthetic drugs and heed the lessons we learned from the fear-driven legislation enacted in response to crack.  

For example, H.R. 2851 would establish lengthy, and sometimes mandatory minimum, penalties for certain offenses involving these analog drugs. 

While mandatory minimum sentences give the appearance that we are taking strong action to address a problem, they are patently unjust as a matter of sentencing policy and are unnecessary to the imposition of appropriate sentences.  

Indeed, extremely lengthy sentences are sometimes appropriately imposed by judges, but over-penalization through mandatory minimums is counterproductive and only contributes to our crisis of over-incarceration. 

Also, this bill has the potential to chill medical research into substances that may be beneficial, or into alternative treatments for drug addiction. 

We must be careful not to harm innovation and exploration into the development of new drugs that can actually help us. 

In closing, I want to note that the Committee has received a letter from more than 65 advocacy organizations opposing this bill – including the ACLU, the Leadership Conference on Civil and Human Rights, and Families Against Mandatory Minimums. 

Furthermore, we received a letter yesterday from a number of conservative groups opposing the bill.  The signatories included Freedom Works, the American Conservative Union Foundation, and the Taxpayers Protection Alliance.

We must not ignore their concerns as we consider approaching this issue through legislation. 

Therefore, I must oppose this bill, and I ask my colleagues from both sides of the aisle to do the same today. 

I yield back the balance of my time.

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Friday, May 12, 2017

CONYERS & JACKSON LEE: Sessions Memo Doubles Down On Tragic & Counterproductive Sentencing Policies


Washington, DC - Today, the Department of Justice announced the issuance of memorandum from Attorney General Jeff Sessions to all federal prosecutors, establishing new policies for charging criminal offenses and seeking sentences when convictions are obtained.  The memorandum explicitly rescinds prior memoranda of the Department of Justice, which includes memoranda issued by former Attorney General Eric Holder.  In particular, Sessions’ memo specifically states that mandatory minimum sentences should factor in the determination of which is the most serious crime that can be and therefore should be charged, and directs that prosecutors must disclose to the sentencing court, all facts that impact the sentencing guidelines or mandatory minimum sentences.  This directive reverses the policies, outlined in Eric Holder’s memo of August 12, 2013, that were designed to “ensure that our most severe mandatory minimum penalties are reserved for serious, high-level, or violent drug traffickers.” 

House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following joint statement:

Dean of the U.S. House
of Representatives,
John Conyers, Jr.
“We are deeply disappointed that Attorney General Sessions has rescinded the fair-minded charging and sentencing policies instituted by former Attorney General Holder.  The prior policies represented a better approach, in recognition of the need to treat each case based on its unique circumstances and acknowledging the inequities that result from one-size-fits-all mandatory minimums.  We are particularly troubled that such a divisive, counterproductive and ill-informed memo would be issued without so much as a discussion or consultation with Members of the Congressional Black Caucus whose constituents are disproportionately targeted by this change in policy. 

“There is growing bipartisan consensus that mandatory minimums, which in drug cases are based on quantity and not culpability, are unjust and fiscally unwise.  We are suffering from a crisis of overincarceration, which harms public safety and is fiscally unsustainable.  The memorandum that the Attorney General has issued doubles down on sentencing policies that are tragic and counterproductive.  We urge the Attorney General to reconsider and work with us to develop a more fair and reasonable policy going forward.”  

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Tuesday, November 22, 2016

CONYERS & JACKSON LEE Applaud More Than 1,000 Historic Presidential Communtations


Washington, D.C. - House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following statements after the White House announced the commutation of the sentences of 79 individuals:

Dean of the U.S. House
of Representatives
John Conyers, Jr.
“The President’s power to commute sentences, as established by the Constitution, was recognized by the founders as critical to the administration of justice,” said Ranking Member Conyers. “President Obama builds on his legacy with his continued effort to commute sentences in appropriate cases. I commend him for showing compassion for those who deserve to have their sentences abbreviated. It is fair and just.”

“I commend President Obama’s commutation of sentences of 79 individuals, and well over 1,000 thus far – who were all victims of unjust sentencing,” said Crime Subcommittee Ranking Member Jackson Lee.  “Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I am pleased that the Administration’s Clemency Project continues to address the multitude of cases in which sentence reductions are appropriate.  Of course, the need to engage in such a broad review of sentences exists largely because our sentencing laws and policies, particularly for drug offenses, urgently need to be changed.  We need to eliminate mandatory minimum sentencing and let judges impose appropriate sentences based on the facts and circumstances of each case, and we should eliminate the higher penalties for crack cocaine relative to powder cocaine offenses.  I am heartened that there is a growing, bipartisan recognition of the problem of over incarceration and I hope this will lead to sentencing reform this Congress.”

Congressman Conyers and Congresswoman Jackson Lee are cosponsors of the Sentencing Reform Act of 2015, which is the first bill that is a result of the House Judiciary Committee’scriminal justice reform initiative.  The Sentencing Reform Act of 2015 reduces certain mandatory minimums for drug offenses, reduces the three-strike mandatory life sentence to 25 years, broadens the existing safety valve for low-level drug offenders, and provides judges with greater discretion in determining appropriate sentences.  

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Friday, November 4, 2016

CONYERS, JACKSON LEE Commend President Obama For Additional Commutations Of Sentences; Call For Congressional Action On Sentencing Reform


Washington, D.C. - House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) today released the following statements after the White House announced the commutation of the sentences of 72 individuals:

Dean of the U.S. House
of Representatives
John Conyers, Jr.
“I welcome the continued work by the President and his administration in commuting sentences, but the need to do so indicates the depth of the problem with our Federal sentencing laws,” said Ranking Member Conyers. “Congress must address this issue, to make sentences more fair at the front end.   We know that we can do this in a way that still imposes appropriate sentences but does not rely on mandatory minimums, which ignore the facts and circumstances of each case.  With the growing bipartisan recognition of the need to act, I am hopeful that we will do so in the near future.”

“I commend President Obama’s commutation of sentences of 72 individuals – who were all victims of unjust sentencing,” said Crime Subcommittee Ranking Member Jackson Lee.  “Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I am pleased that the Administration’s Clemency Project continues to address the multitude of cases in which sentence reductions are appropriate.  Of course, the need to engage in such a broad review of sentences exists largely because our sentencing laws and policies, particularly for drug offenses, urgently need to be changed.  We need to eliminate mandatory minimum sentencing and let judges impose appropriate sentences based on the facts and circumstances of each case, and we should eliminate the higher penalties for crack cocaine relative to powder cocaine offenses.  I am heartened that there is a growing, bipartisan recognition of the problem of over incarceration and I hope this will lead to sentencing reform this Congress.”

Congressman Conyers and Congresswoman Jackson Lee are cosponsors of the Sentencing Reform Act of 2015, which is the first bill that is a result of the House Judiciary Committee’s criminal justice reform initiative.  The Sentencing Reform Act of 2015 reduces certain mandatory minimums for drug offenses, reduces the three-strike mandatory life sentence to 25 years, broadens the existing safety valve for low-level drug offenders, and provides judges with greater discretion in determining appropriate sentences.  

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Friday, October 28, 2016

CONYERS, JACKSON LEE Laud Additional Presidential Commutations


Conyers & Jackson Lee: Congress Must Pass Sentencing Reform

Washington, D.C. - House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following statements after the White House announced the commutation of the sentences of 98 individuals this week:
  
Dean of the U.S. House
of Representatives
John Conyers, Jr.
“President Obama continues to demonstrate a strong commitment to addressing unfairness in our criminal justice system by commuting the sentences of 98 additional federal prisoners,” said Ranking Member Conyers.  “It takes strong leadership to address this issue, and I’m proud to have a President that supports commutations for sentences that are too lengthy and which no longer serve a legitimate purpose related to public safety.  I hope the President’s resolve on this issue will serve as an example to legislators in Congress and across the country as our nation works to reform our criminal justice system.  I remain optimistic that, before the end of this year, Congress will pass sentencing reform legislation and other criminal justice reform bills that I have worked on with colleagues on both sides of the aisle.” 

“I applaud President Obama’s commutation of sentences of 98 individuals – who were all victims of unjust sentencing,” said Crime Subcommittee Ranking Member Jackson Lee.  “Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I am pleased that the Administration’s Clemency Project continues to address the multitude of cases in which sentence reductions are appropriate.  Of course, the need to engage in such a broad review of sentences exists largely because our sentencing laws and policies, particularly for drug offenses, urgently need to be changed.  We need to eliminate mandatory minimum sentencing and let judges impose appropriate sentences based on the facts and circumstances of each case, and we should eliminate the higher penalties for crack cocaine relative to powder cocaine offenses.  I am heartened that there is a growing, bipartisan recognition of the problem of over incarceration and I hope this will lead to sentencing reform this Congress.”

Congressman Conyers and Congresswoman Jackson Lee are cosponsors of the Sentencing Reform Act of 2015, which is the first bill that is a result of the House Judiciary Committee’s criminal justice reform initiative.  The Sentencing Reform Act of 2015 reduces certain mandatory minimums for drug offenses, reduces the three-strike mandatory life sentence to 25 years, broadens the existing safety valve for low-level drug offenders, and provides judges with greater discretion in determining appropriate sentences.  

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Wednesday, September 14, 2016

Rep. Goodlatte says he won't drop criminal intent reform

Image result for goodlatte conyers
Goodlatte cited support from Reps. John Conyers of Michigan and Sheila Jackson Lee of Texas, two Democratic lawmakers in favor of mens rea reform legislation in the House. That mens rea legislation proposal was put forward by Rep. Jim Sensenbrenner, R-Wis., andstalled in the year.
"Criminal intent requirements ensure that honest, hard-working Americans do not become criminals because they accidentally do something unlawful or violate an obscure law," Goodlatte and Sen. Orrin Hatch, R-Utah, wrote in a joint op-ed in January.
Goodlatte added Tuesday that he is "optimistic" about sentencing reform passing in the House. And when asked if it will pass this year?

"I think it will," he said.
http://www.washingtonexaminer.com/rep.-goodlatte-says-he-wont-drop-criminal-intent-reform/article/2601655?custom_click=rss
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Monday, August 8, 2016

CONYERS, JACKSON LEE Commend President Obama For Commuting the Sentences of 214 Americans, Call For Sentencing Reform This Congress


Washington, D.C. - House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following statements after the White House announced the commutation of the sentences of 214 individuals:

Dea of the U,S. House
of Representatives
John Conyers, Jr.
“I commend President Obama and Attorney General Lynch for their continued commitment to commuting sentences in appropriate cases,” said Ranking Member Conyers. “Such cases underscore the need to change our sentencing laws to reduce the imposition of unjustly long and counterproductive sentences in the first place.  I will continue to work with my colleagues in Congress to develop and adopt bipartisan legislation to reform our sentencing laws and to improve other aspects of our criminal justice system. I look forward to congressional action on these issues before the end of this Congress.” 

“I am encouraged by President Obama’s commutation of sentences of 214 individuals today – who were all victims of unjust sentencing,” said Crime Subcommittee Ranking Member Jackson Lee.  “Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I hope the Administration’s Clemency Project will continue to address the multitude of cases in which sentence reductions are appropriate.”


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Saturday, June 4, 2016

CONYERS, Jackson Lee Commend President Obama For Additional Commutations Of Sentences,Call For Congressional Action On Sentencing Reform


Washington, D.C. - Today, House Judiciary Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following statements after the White House announced the commutation of the sentences of 42 individuals:

Dean of the U.S. House
of Representatives
John Conyers, Jr.
Praising the action taken by the President, Congressman John Conyers, Jr. stated, “While I have been working with my colleagues in Congress to develop and adopt bipartisan legislation to reform our sentencing laws, and to improve other aspects of our criminal justice system, President Obama continues to take important steps to reduce sentences of those already incarcerated when appropriate.  I appreciate his consistent commitment to addressing these cases by using his constitutional authority to commute sentences, which is the just and fair approach to take.  To help address the problem of unfair sentencing and overincarceration, the President has urged Congress to act on the pending bills that would do so, and I ask that Congress answer that call without further delay.” 

Congresswoman Sheila Jackson Lee said, “I am encouraged by President Obama’s commutation of sentences of 42 individuals today – who were all victims of unjust sentencing.  Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I hope the Administration’s Clemency Project will continue to address the multitude of cases in which sentence reductions are appropriate.”


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Saturday, November 14, 2015

Conyers: Time to finally end mandatory sentencing minimums

By John Conyers, Jr.

Dean of the U.S. House
of Representatives
John Conyers, Jr.
Over most of the last 30 years, our federal and state governments have been engaged in a wrongheaded and short-sighted "war on crime," focusing on punishment to the exclusion of prevention and rehabilitation.
The principal culprit is so-called "mandatory minimum" sentencing laws that that require judges to impose minimum prison terms regardless of the nature and circumstances surrounding the offense, the role of the offender in the crime, and the history and characteristics of the offender. Even if everyone involved in a case — the arresting officer, prosecutor, judge, and victim — believe that the statutorily specified prison term would be unjust, a judge must impose a mandatory minimum sentence.
The net result of these policies is that the U.S. incarcerates 25% of the world's prisoners despite having only 5% of the world's population. There were approximately 500,000 inmates in America in 1980, today there are 2.2 million.
Minorities have suffered disproportionately under these laws. One in 10 black men in their 30s is incarcerated on a given day, and more than 60% of our prisoners are racial and ethnic minorities. Michigan spends a higher proportion of its general fund budget on prisons than any other state, and devotes more money to prisons than higher education.
Fortunately, notwithstanding the present unprecedented partisan gridlock over economic and budget issues, there is genuine opportunity for criminal justice reform in Congress. Last month, my Republican counterpart, Chairman Bob Goodlatte, R-Va., and I along with Ranking Subcommittee Member Sheila Jackson Lee, D-Texas, introduced bipartisan legislation designed to alleviate the burden of mandatory minimum sentences.
Among other things, our legislation, the "Sentencing Reform Act of 2015":
  • Expands the so-called "safety valve" to mandatory minimum penalties by giving judges the discretion to more accurately assess the criminal history of offenders seeking relief. (Current law has a limited this option to a very narrow range of non-violent drug offenders to be sentenced below a mandatory 5-year sentence.)
  • Creates a second safety valve authorizing judges to reduce sentences for certain offenders from a 10-year to a 5-year mandatory minimum.
  • Reduces the mandatory minimum sentence levels for repeat offenders under certain firearms and drug laws, and applies retroactively for specified offenses.
  • Reduces the mandatory life without parole sentence for a "third strike" drug or violent felony offense to a minimum term of 25 years in prison.
The bipartisan bill Goodlatte and I have introduced is a promising first step in the right direction, which if enacted, would make a tangible difference in the lives of thousands of individuals and their families.
I sincerely hope that enactment of this critical bill will lead toward elimination of all it minimum sentences.
We will continue working on several additional bipartisan bills, including legislation dealing with police accountability in the wake of Ferguson, Baltimore and other tragedies, civil asset forfeiture reform, and prison and prison reentry reform.
It has taken the nation — and our elected representatives — far too long to understand that indiscriminately locking up our citizens is not only unfair, but counterproductive. Now is the moment to work together to begin to set things right.

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Thursday, October 8, 2015

House Judiciary Committee Unveils Bipartisan Sentencing Reform Legislation


Displaying Bipartisan Press Conference Announcing the Sentencing Reform Act of 2015 - Goodlatte.jpg 


This legislation is the first of many bills to be introduced that improve the criminal justice system

Washington, D.C.  – As part of the House Judiciary Committee’s criminal justice reform initiative, House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Ranking Member John Conyers (D-Mich.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), Congressman Raul Labrador (R-Idaho), Congressman Mike Bishop (R-Mich.), and Congresswoman Judy Chu (D-Calif.) today unveiled bipartisan legislation to reform federal sentencing.

The Sentencing Reform Act of 2015 reduces certain mandatory minimums for drug offenses, reduces the three-strike mandatory life sentence to 25 years, broadens the existing safety valve for low-level drug offenders, and provides judges with greater discretion in determining appropriate sentences while ensuring that serious violent felons do not get out early.  The bill also contains sentencing enhancements for Fentanyl trafficking, a highly addictive and deadly drug that is becoming a growing epidemic in the United States.  

The Sentencing Reform Act of 2015 is the first bill that is a result of the House Judiciary Committee’s criminal justice reform initiative.  The Committee continues to work on additional bills that address other aspects of our criminal justice system, including over-criminalization, prison and reentry reform – including youth and juvenile justice issues – improved criminal procedures and policing strategies, and civil asset forfeiture reform.  The Committee will roll out more bills addressing these topics over the coming weeks.

Below are statements from the authors of this bipartisan legislation.

Chairman Goodlatte: “The House Judiciary Committee has been hard at work on a number of bills to improve our nation’s criminal justice system and I am pleased that we have reached a bipartisan solution to reform federal sentencing requirements. The Sentencing Reform Act makes commonsense changes to the front-end of the criminal justice system to ensure our federal laws effectively and appropriately punish wrongdoers, work as efficiently and fairly as possible, and do not waste taxpayer dollars. It also ensures that serious violent criminals serve the full time for their crimes in prison. The House Judiciary Committee plans to move this legislation soon and will roll out additional criminal justice reform bills over the coming weeks.”

Ranking Member Conyers: “Sentencing reform is a critical issue impacting the lives of thousands of our citizens, and its urgency requires bipartisan cooperation.  That is why I am pleased to join Chairman Goodlatte, my colleague Crime Subcommittee Ranking Member Sheila Jackson Lee and others in introducing a bill that will provide significant reforms, allowing many offenders expanded opportunities under safety valves to be sentenced below mandatory minimums, providing retroactivity for the decreased crack cocaine penalties under the Fair Sentencing Act, and reducing the mandatory minimum sentences for many recidivist provisions in the federal code.

“The Sentencing Reform Act represents meaningful improvements that will make a real difference in the lives of many people as well as their families and communities.  The bill is substantially similar to the sentencing provisions included in the recently-introduced Senate bill, which is the product of similar bipartisan efforts by Senators Chuck Grassley, Patrick Leahy, Dick Durbin, Cory Booker, Mike Lee and others.  I am confident that we can all work together to move legislation through Congress and get it to the President’s desk for signature.”

Crime Subcommittee Ranking Member Jackson Lee: “The injustices of our criminal justice system are very well known and the solutions are rather common sense and straight forward. This bill lowers many mandatory minimum recidivist penalties, expands the existing safety valve and adds a second safety valve to provide greater relief to the individuals most deserving. In doing this, we recognize that locking people up for decades and decades does not work.

“This bill also applies the Fair Sentencing Act retroactively and, in doing so, makes very clear that those who only received a partial benefit under the Sentencing Guidelines can now come back to get the full benefit. On its own, this reform will help over 6,000 inmates - about 85% are African American - and brings us one step closer to rectifying this fundamental injustice. Importantly, this legislation does not contain new mandatory minimums as that would be the antithesis of reform.

“Finally, with this bill, we clearly state that we must work together, all sides, in order to get something to the President. By working with Chairman Goodlatte, Mr. Conyers and I feel that we are putting forth an effort that has the best possible chance of getting the President’s signature and providing long overdue and much needed relief.

“I look forward to continuing this collaboration as we move this and other bipartisan legislation, including my youth incarceration reform bills, towards enactment into law."

Congressman Labrador: “I continue to be encouraged by the momentum building for criminal justice reform, particularly on sentencing.  I have long advocated for reducing sentences and expanding on previous measures such as the Fair Sentencing Act

“This bipartisan compromise will improve our justice system by providing tough punishment for the most serious offenders, while reducing sentences for those worthy of a second chance. This bill promises a more just society and I am proud to join the effort.”

Congressman Bishop: “As a former prosecutor and a member of this committee, one of my first actions in Congress was to meet with members of the criminal justice community to learn about issues impacting Michigan’s Eighth District. I’m proud to be a co-sponsor of this fiscally and socially responsible legislation that not only protects our communities from violent criminal offenders, but also provides flexible sentencing for those who deserve it. I am also optimistic about the reforms made to address America’s growing heroin epidemic, which is destroying families and young lives across this nation.”

Congresswoman Chu: “I am honored to be part of this historic bipartisan effort to restore fairness to our criminal justice system and give entire communities relief. The United States has 5% of the world population, but 25% of its prisoners. This is particularly disconcerting when you learn that a majority of federal inmates are non-violent drug offenders. I know from my time as a drug counselor that many of these individuals are better off with rehabilitation, not longer prison sentences under the mandatory minimums we currently have. This bill attempts to fix this by cutting back mandatory minimums so they apply more fairly and ensuring offenders with minor criminal histories or who were minor actors aren’t disproportionately sentenced for their crimes. I look forward to working with my colleagues in the House Judiciary Committee on this historic bill, and look forward to seeing it become a new model for America.”

Other Judiciary Committee cosponsors of the Sentencing Reform Act include Rep. Steve Chabot (R-Ohio), Rep. Jerrold Nadler (D-N.Y.), Rep. Jason Chaffetz (R-Utah), Rep. Steve Cohen (D-Tenn.), Rep. Doug Collins (R-Ga.), Rep. Ted Deutch (D-Fla), Rep. Mimi Walters (R-Calif.), Rep. Suzan DelBene (D-Wash.), Rep. Dave Trott (R-Mich.), and Rep. David Cicilline (D-R.I.).

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House Judiciary Committee Ranking Member John Conyers’ Remarks at Press Conference Announcing the Sentencing Reform Act of 2015


Washington, D.C.  – As part of the House Judiciary Committee’s criminal justice reform initiative, House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Ranking Member John Conyers (D-Mich.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), Congressman Raul Labrador (R-Idaho), Congressman Mike Bishop (R-Mich.), and Congresswoman Judy Chu (D-Calif.) today announced bipartisan legislation to reform federal sentencing guidelines. The bill will be formally introduced later today.
 Displaying Bipartisan Press Conference Announcing the Sentencing Reform Act of 2015 - Conyers.jpg
Below Ranking Member Conyers’ remarks as prepared for delivery:

“Sentencing reform is a critical issue impacting the lives of thousands of our citizens, and its urgency requires bipartisan cooperation. 

“That is why I am pleased to join Chairman Goodlatte, my colleague Crime Subcommittee Ranking Member Sheila Jackson Lee and others in introducing a bill that will provide significant reforms that will allow many offenders expanded opportunities under safety valves to be sentenced below mandatory minimums, providing retroactivity for the decreased crack cocaine penalties under the Fair Sentencing Act, and reducing the mandatory minimum sentences for many recidivist provisions in the federal code.

“The bill is substantially similar to the sentencing provisions included in the recently-introduced Senate bill, which is the product of similar bipartisan efforts by Senators Chuck Grassley, Patrick Leahy, Dick Durbin, Cory Booker, Mike Lee and others. 

“Specifically,

·         “It reduces mandatory minimum sentences for prior drug felons, including reducing the three-strikes drug penalty from life imprisonment to 25 years and reducing the 20-year mandatory minimum to 15 years.
·         “It broadens the existing safety valve to allow more offenders to be sentenced below the mandatory minimum sentence of 5 years for certain drug offenses. 

·         “It creates an additional safety valve to allow relief for some offenders who would otherwise be subject to the 10-year mandatory minimum for certain drug offenses.

·         “It reforms the way prior firearms offenses are considered with respect to application of the mandatory minimum sentence for repeat firearm offenders. 

·         “It retroactively applies the reduced mandatory minimum sentences for crack cocaine under the Fair Sentencing Act.

“I have been working on the issue of sentencing reform for many years.  After the tragedies in Ferguson, Baltimore and around the country, the issue of criminal justice reform took on renewed urgency.

“Our legislation represents meaningful reform that will make a real difference in the lives of many, many people as well as their families and communities.

“I think we can all agree that the bill is not perfect – it does not include every provision that either I or Chairman Goodlatte or any of us wanted, but it is a good faith compromise.

“And we are not done.  This is merely the first installment of a series of criminal justice reform bills we are working on with Chairman Goodlatte. 

“These include initiatives to address police misconduct, prison reform, reentry, youth and juvenile justice, over-criminalization, and civil asset forfeiture. 

“I want to thank Chairman Goodlatte for his leadership on these issues, as well as Ms. Jackson Lee, Ms. Chu, Mr. Labrador and Mr. Bishop.  I also want to thank my colleagues, Representatives Jim Sensenbrenner and Bobby Scott, for all of the work they have done over the years in pursuing criminal justice reforms, including their work on the Committee’s Over-Criminalization Task force last Congress. 

“I am confident that we can all work together to move legislation through Congress and get it to the President’s desk for signature.”

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Thursday, April 2, 2015

CONYERS PRAISES COMMUTATION OF SENTENCES, CALLS FOR SENTENCING REFORM

WASHINGTON - Today, House Judiciary Ranking Member John Conyers, Jr. (D-Mich.) issued the following statement after the White House announced the commutation of the sentences of 22 individuals- each of whom had been convicted of drug offenses:

Dean of the U.S. House
of Representatives
John Conyers, Jr.
“I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Eric Holder, and I hope the Administration’s Clemency Project will continue to address the multitude of cases in which sentence reductions are appropriate.  Of course, the need to engage in such a broad review of sentences exists largely because our sentencing laws and policies, particularly for drug offenses, urgently need to be changed. 

“We need to eliminate mandatory minimum sentencing and let judges impose appropriate sentences based on the facts and circumstances of each case, and we should eliminate the higher penalties for crack cocaine relative to powder cocaine offenses.  I am a cosponsor of H.R. 920, the ‘Smarter Sentencing Act,’ a bipartisan bill which would constitute a good first step at addressing these issues by reducing mandatory minimum sentences for certain drug offenses and allowing for sentences below mandatory minimums for certain low-level offenders.  This bill is supported by over fifty organizations, including Families Against Mandatory Minimums, the American Civil Liberties Union, the Association of Prosecuting Attorneys, and the Sentencing Project.

“I am heartened that there is a growing, bipartisan recognition of the cyclical problem of overincarceration and I hope this will lead to much-needed sentencing reform during this Congress.”
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Wednesday, May 21, 2014

Criminal Injustice


By John Conyers, Jr.
U.S. Representative
John Conyers, Jr.
For decades, Congress has implemented policies that distort America's criminal justice system and tip the scales of justice in favor of punishment over rehabilitation. As a matter of civil rights and basic justice, our criminal justice system must change. Fortunately, the Obama Administration recognizes the unacceptable status quo, and recently announced an initiative to spur change. This new proposal will expedite the clemency process for thousands of non-violent offenders serving lengthy sentences behind bars -- sentences they would not have received had they been sentenced today due to changes in the law.
Regrettably, this initiative has come under fire, with the vitriol taking the form of executive fiat and the worthiness of the clemency candidates. But this criticism is based on rhetoric, not reality.
Article II, Section 2, of the Constitution provides that the President "shall have power to grant reprieves and pardons for offenses against the United States." The Constitution bestows pardon power without restriction or equivocation. For critics to suggest otherwise betrays both a fundamental misreading of the Constitution and a misremembered history of prior Presidents using that power.
As a textual matter, the pardon power is one of the broadest grants of authority in the Constitution. The only two limits that the Constitution imposes on that plenary power are its applicability to offenses against the United States (i.e., not civil or state cases) and the prohibition on its use in an impeachment process.
Borrowing from English law, our founding fathers understood that the executive served an important role to counterbalance the possible tyranny of the legislature and the courts. They understood that in the laudable quest for justice, injustice could result from rush to judgment, underdeveloped factual records, and emotion glorified over reason. They understood that pardons and clemency were necessary adjuncts to mitigate harsh penalties.
In The Federalist No. 74, Alexander Hamilton explained it succinctly when he wrote, "[H]umanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed. The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel." Hamilton argued that the executive's use of the pardon power could be essential in the restoration of peace in the union during times of domestic crisis.
Building on the text and history of the pardon power -- and paraphrasing Hamilton -- the question presented to us now is this: Has our federal criminal code, in its gluttony for mandatory minimums, partaken so much of that sanguine, severe and cruel injustice that humanity and good policy now dictate access to an exception in favor of those unfortunate enough to be sentenced under them?
The Obama Administration has answered with a resounding "yes," the same answer many of us would give. The nonviolent, low-level inmates with records of good behavior during the 10 years or more that they have already served for sentences that would not be imposed today due to changes in the law are precisely the individuals for whom this relief was intended. These potential clemency recipients have experienced severe, cruel, and unjust mandatory sentences.
For purposes of comparison, Lewis Libby, former chief of staff to Vice President Cheney, was convicted of perjury and obstruction in connection with the investigation into who had revealed the identity of a covert CIA operative. For these actions, Mr. Libby received a two-and-a-half-year sentence, and did not serve a day in prison because his sentence was commuted merely two months afterward.
Who then is more deserving of a second chance?
To myself -- and an increasing number of reform-minded lawmakers -- there is no question that contributing members of our society with a minor transgression are worthy of a second chance under President Obama's clemency initiative. Relief to them gives form to our Founding Father's prescience that the executive clemency power and the independence of the judiciary are necessary bulwarks against the severity and tyranny that the majority could exact against a powerless minority.
While clemency attempts to fix our broken system of mandatory sentencing solely on the back end, clemency is not a guarantee in any circumstance, certainly not when it depends on the discretion of the President. Clemency provides relief to a few lucky individuals plucked from the stack of petitions, but does not repair the inherently broken system that put thousands of individuals behind bars in the first place. Clemency is therefore not a viable or intended permanent solution.
But Congressional action is. By writing laws with logical, proportional and effective penalties, Congress can put a stop to existing and continuing injustice.
To achieve this, Congress first needs to stop passing laws that contain mandatory sentencing provisions. Mandatory sentences do not work: they discriminate racially, treat low-level offenders identically to kingpins for whom these laws were intended; and they undermine any chance of rehabilitation. Prosecutors too often wield enhancements to pressure defendants to plead rather than exercise their constitutional right to go to trial -- or to punish those that do. These mandatory weapons rob people of their freedom and families of their loved ones.
Second, Congress needs to eliminate, or greatly reduce, existing mandatory minimums and grant retroactive relief to those sentenced before current changes to sentencing policies took effect. Further, Congress needs to return discretion to judges, empowering them to impose sentences that truly fit the crime and the person before them, rather than being conscripted to impose mandatory minimums they may oppose.
Finally, Congress has a moral obligation to achieve a 1:1 ratio in sentencing for crack cocaine cases compared to powder cocaine cases. At the height of the so-called "War on Drugs," Congress passed laws that created 100:1 crack cocaine to powder cocaine disparity at the time of sentencing. Not only was that ratio not based on sound scientific or empirical evidence, but it perpetrated existing prejudices in how defendants of color were targeted, charged, and sentenced. Four years ago, during my tenure as Chairman, the U.S. House Judiciary Committee worked to reduce this arbitrary and discriminatory disparity to 18:1 by passing the Fair Sentencing Act of 2010 into law. To restore a semblance of justice in our drug laws, Congress must achieve a 1:1 parity.
Clemency is a first step, but Congress has duty -- regardless of political affiliation -- to reintroduce a sense of justice to a dated, disastrous and discriminatory regime.

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