RESEARCH ADVOCACY POLICY OUTREACH Sentencing Times A publication of The Sentencing Project, Washington, D.C. Fall 2011

ADVOCACY INSIDE

Executive Director’s U.S. Sentencing Commission Message: “It Was 25 Years Ago Today”...... 2 Extends Reform

Building Momentum The campaign to address the unfair for Juvenile Justic e ...... 3 sentences for federal crack cocaine offenses did not end with President Barack Obama’s Public Educatio n ...... 3 signing of the Fair Sentencing Act of 2010. The Sentencing Project had to work with its In the New s ...... 4 allies to ensure that implementation of the law – always key – benefited as many people Staff Profile s ...... 5 as possible. The result: On June 30, the U.S. Sentencing Media...... 6 Commission voted unanimously to apply the amended crack cocaine sentencing guidelines Donor Profil e...... 7 of the new law to 12,000 people currently incarcerated for a federal crack cocaine offense. Reports Document Prison The decision was critical because it allowed Closings and Sentencing retroactive application of the law to those Reform s...... 7 sentenced prior to its enactment, reducing the average sentence from 13 to 10 years. The Commission’s decision resulted from advocacy by The Sentencing Project and others in the reform community as well as tens of thousands of family members and citizens Judge Patti B. Saris, chair of the U.S. Sentencing Commission, concerned about fair implementation of the during June hearing that extended reductions of the Fair U.S. Sentencing Commission continued on page 3 Sentencing Act of 2010 to crack cocaine offenders in prison. AP Photo/J. Scott Applewhite OUTREACH Ministering Justice

Can taking just one course spur someone to action?

For the 13 seminary students from eight states who took Payne Theological Seminary’s Race, Crime and Justice course, taught in conjunction with The Sentencing Project’s Marc Mauer and Terry Nixon, the answer was a resounding “yes.” The three-day course, which took place in April, was the brain-child of The Reverend Dr. Leah Gaskin Fitchue, the first woman president of Payne Theological Seminary, a 166 year- old institution sponsored by the African Methodist Episcopal Church (AME). Race, Crime and Justice participants: From left, Craig Wright. Merritt Graves. Lyvette Ministering Justice continued on page 4 Johnson. Tonya Anderson. Andra Henning. Haywood Davidson. Sylvia Roberts. Rodney Smith. Stefon McBride. Pamela Dickey. Marc Mauer. Dr. Leah Gaskin Fitchue. LaWanda Felton. Samuel Tolbert Jr . Kenneth Davis. EXECUTIVE DIRECTOR’S MESSAGE “It Was 25 Years Ago Today”

Yes, a quarter century ago The Sentencing the shockingly high rate of criminal justice Project came into being. On that day in 1986, supervision of young African American about 800,000 Americans were behind bars The Sentencing Project males, nearly 1 in 3 on any given day. 1705 DeSales St. NW in prison or jail. And while that represented a • In 1991, the first of the “Americans Behind 8th floor significant increase over the previous decade, Washington, DC 20036 Bars” series found that the United States little did we realize that an incarceration had become the world leader in its rate of explosion was about to happen. 202-628-0871 telephone incarceration. 202-628-1091 fax Looking back on that year we can now see [email protected] how the death of basketball star Len Bias and • In 1992, we launched the Campaign for www.sentencingproject.org political grandstanding contributed to “tough an Effective Crime Policy, a coalition that on crime” drug laws in 1986, including the gained the support of over 1,000 criminal justice leaders in its “Call for a Rational STAFF notorious crack/powder cocaine sentencing disparity. We can also recall how Debate on Crime and Punishment.” Marc Mauer • In 1997 and 1998, our two Executive Director the ensuing political developments Karen DeWitt led almost every state to make it reports on felony disenfran- Communications Manager easier to try young people as adults, chisement helped to launch a Kara Gotsch as well as to sentence record national movement that has Director of Advocacy numbers of juveniles to life resulted in reform policies Marc Levin being enacted in 23 states. Development Director without parole sentences. Much has changed today. As is • Throughout the past decade, Cody Mason Program Associate now quite apparent, the political our policy reports on “the war Serawit Mekonnen climate on issues of crime and on marijuana,” the scale of life Database Manager punishment has been shifting in imprisonment, the racial Ashley Nellis recent years – yes, slowly – in a dynamics of the war on drugs, Research Analyst more rational and compassionate state sentencing reforms, and Terry Nixon other issues have provided both Operations Director direction. In little more than a decade the reentry movement has Marc Mauer, Executive Director policymakers and advo cates Nicole Porter with the tools and analysis they need to State Advocacy Coordinator taken hold, with a range of programming and research projects underway throughout the promote reform. country. Similarly, restorative justice and justice While we are proud of our contributions BOARD OF DIRECTORS reinvestment projects are exploring new ways to the criminal justice reform movement, The Honorable of handling conflict and consequences. And we cannot overlook the fundamental change Renee Cardwell-Hughes (President) a number of states have achieved substantial of the past 25 years. That is, unfortunately, reductions in the numbers of adults and Veronica Coleman-Davis that the incarcerated population in the juveniles housed behind bars. Robert Crane United States has nearly tripled during I’d like to think that the work of The this period, having reached a record 2.3 Robert Creamer Sentencing Project over a quarter century million people in prison and jail. That Robert D. Crutchfield has helped to pave the way for this evolving figure does not suggest that the accomplish - Angela J. Davis political climate. We’ve tried to do this through ments of The Sentencing Project and many Fred Epstein research exploring the consequences of mass others have not been significant or important Randolph N. Stone incarceration, along with targeted advocacy to individual lives. But it remains as a designed to promote more effective and Robert L. Weiss poignant reminder that we still have a long compassionate criminal justice responses. way to go. Marsha Weissman A few highlights of this work include: Our reform work over the years has been • In 1989, we sponsored the first of a series aided by the partnerships and insights we’ve Interns of National Conferences on Sentencing gained from a range of scholars, criminal Benjamin Bronstein Advocacy, bringing together advocates justice leaders, policy advocates, and many others. While these are challenging times, we Kate Epstein working to promote sentencing alterna- value these relationships and remain optimistic tives in “prison-bound” cases. Katie Zafft about the prospects for change. We have no • In 1990, and then 1995, we documented choice but to do so.

© 2011 The Sentencing Project

2 Sentencing Times Fall 2011 U.S. Sentencing Commission continued from page 1 law. During the process, The Sentencing Project Holder issued a new directive allowing Public Education met with staff from the U.S. Sentencing “pipeline” cases to benefit from the reduced The Sentencing Project Commission, Department of Justice and the sentencing structure. has made presentations White House, urging a fair application of Much progress has been made this year in to the following organiza - the law and the retroactive application of the advancing fairness in federal crack cocaine tions and institutions amended sentencing guidelines. The Sentencing sentencing, providing relief to thousands of in 2011 : Project also submitted comments to the U.S. people facing excessive penalties. The work Sentencing Commission over the last year continues, however, and The Sentencing Speaking Engagements and testified at two Commission hearings on Project is helping lead the fight to expand upon American Society of Criminology the subject. the success of the Fair Sentencing Act. This College and Community Following the Commission’s decision on year, The Sentencing Project worked with allies Fellowship retroactivity, Attorney General Eric Holder to incorporate an important expansion of Centerforce revised a Justice Department directive to federal federal good time credits within legislation Drug Policy Alliance prosecutors that had opposed applying the law to reauthorize the Second Chance Act. The Florida Rights Restoration to defendants whose crimes were committed Sentencing Project regularly meets with Coalition prior to the law being changed. After numerous staff on Capitol Hill to promote cost saving Georgetown University rulings against the Justice Department’s position measures that increase sentencing fairness at Law School Hunger Fellows and with several appellate court cases pending, the federal level. Conference as well as pressure from the reform community, International Drug Policy Consortium, London POLICY DMC Conference Maryland Child Service Building Momentum Systems Mental Health in Corrections Conference for Juvenile Justice National Association of Counties An unfortunate reality is that many in National Association of America’s adult jails and prisons have Criminal Defense Lawyers passed through the juvenile justice National Employment system. Instead of effective strategies to Law Project prevent and resolve juvenile delinquency, National Institute of Justice, Canada the tough-on-crime approach, which Princeton University, makes matters worse, has too often won. "Imprisonment of a The result: Young people under the Race" Conference supervision of the juvenile justice system Rowan University are more likely to remain in it than get United Methodist Florida treatment and redirection. Untreated, Prison Conference these young people become at-risk for University of Minnesota admission to adult prisons and jails. Many of the 2.3 million prisoners incarcerated as adults today Law School University of Pennsylvania The Sentencing Project continues to were once involved in the juvenile justice system but failed to receive effective rehabilitation support to turn their lives around. Law School press for juvenile justice reform through a Committee on Juvenile Justice. Among The University of Texas, variety of means. On the advocacy front, research Barbara Jordan Sentencing Project’s juvenile justice priorities are: analyst Dr. Ashley Nellis serves as a co-chair of Freedom Foundation the nation’s largest juvenile justice coalition, the • Reauthorization of Juvenile Justice and Yale University Law School Juvenile Justice and Delinquency Prevention Delinquency Prevention Act (JJDPA); Coalition, a group of more than 50 national and • Appointment of a permanent Administrator Legislative Testimony/Briefings state organizations working on juvenile justice to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), now Congressional Black Caucus reforms. We are also frequently asked to testify Florida Senate Judiciary two years; on juvenile j ustice matters, advise policymakers vacant for more than Committee on legislative proposals, author reports and • Reauthorization of the Second Chance Act, Maryland Senate Judiciary articles, and respond to media requests. We including a stronger focus on reentry for Committee also provide guidance to the National Reentry youth exiting the juvenile justice system; and Office of Equal Opportunity, Resource Center, a grantee of the Second Chance • Elimination of juvenile life without parole. Madison, Wisconsin U. S. Sentencing Act, through participation in its Advisory Commission

Sentencing Times Fall 2011 3 Ministering Justice continued from page 1 “It was quite insightful,” said The Reverend Church called the course “life-altering”; he has In the News Kenneth Maurice Davis of Tabernacle Missionary started a re-entry program for ex-offenders and Baptist Church in D’Iberville, Mississippi. gotten his bishop to have all the state’s 400 Media outlets that cited “We have a prison ministry here in south AME churches listed by the state as resources The Sentencing Project’s Mississippi, and the facts and figures we for those newly released from prison. work in 2011 include: got from The Sentencing Project about incarcer - In Columbia, S.C., Reverend Sylvia Roberts ation of African Americans, which we recognize of Bishop Memorial Church did a survey of ABC TV a bit from our local community, were just resources for re-entry and discovered there American Prospect astounding.” were no dedicated programs for those formerly Associated Press He said the course “gave us a sense of aware - incarcerated. Bangor (ME) Defender ness” about the magnitude of over-incarceration, “The synergy between a prestigious national Boston Globe especially of African Americans. advocacy organization and a storied religious Canadian Broadcasting Participants learned firsthand the dynamics institution like Payne Theological Seminary Corporation of the courtroom, from the appearance of provides a way to intervene locally before a Carroll County Times defendants to how a drug court operates on crime is ever committed,” said Terry Nixon, Charlotte Observer an outing to the District of Columbia Superior Director of Operations for The Sentencing Chicago Tribune Court. They visited Our Place, a local program Project and a deacon at Mount Airy Baptist Cleveland Plain Dealer that aids formerly incarcerated women in Church in Washington, D.C. Congressional Quarterly re-entering the community. On Capitol Hill, Reports of the course had an impact even Research they gained an overview of criminal justice on those on the seminary’s campus in Wilber - C-Span politics from The Sentencing Project’s advocacy force, Ohio. Daily Kos News.com staff. “I was so inspired by hearing about the Final Call “They got an understanding of how correct course that I’m now going to do my senior Fox TV data – and the cutting edge information that thesis on the incarceration of African American Guardian.co.uk The Sentencing Project deals in – must be a part men in the Philadelphia area,” said Stanley Hawaii News Now of their portfolio if they’re going to be effective Hearst, who is in his final year of seminary International Business reformers of the criminal justice system,” said work. “And if my schedule permits, I’ll be News Dr. Fitchue in Washington at the course next year.” Kansas City Star Like the biblical Joshua who sent spies to Dr. Fitchue said that a course is being Times bring back intelligence about the Land of planned for 2012. “Our institution has a strong Michael Eric Dyson Show Canaan, the seminarians returned to their Afro-centric ethos and issues of social justice National Public Radio communities armed with tools and knowledge are part of the ministry of the AME church,” New Haven Register to work for reform. In Dothan, Alabama, she said. “We can’t move ahead unless we Oregon Register Reverend Rodney Smith of Park Chapel AME touch base with The Sentencing Project.” Philadelphia Daily News Talk Business Net.com Tennessean Race, Crime and Justice Texas Tribune participants: Row 1- The Huffington Post Marc Mauer, Dr. Leah The Nation Gaskin Fitchue, LaWanda Felton, Row 2-Stefon McBride, The Philadelphia Inquirer Terry Nixon The Rachel Maddow Show The (Ohio) Vindicator USA Today Virginia Pilot

4 Sentencing Times Fall 2011 Marc Mauer EXECUTIVE DIRECTOR Staff My career as a criminal justice reformer began in a converted garage in a back alley in Ann Arbor, Michigan, where my mentor and now long-time friend, Barbara Cartwright, had set up a community bail fund to post bail for indigent defen - Profiles dants. The point was that money shouldn’t’ determine release from jail pending sen tencing. I was soon visiting prisons and learning about prison life both for those locked up and those guarding them. Over time, I worked closely with many lifers, many of whom had committed serious crimes in their late teens, but had become very different people by their thirties and forties. Many of these men are still behind bars today, although some have come home and become assets to their community, including one who earned a doctorate in African studies and is now a tenured professor at a major Midwestern University. I take my work very seriously, but I also try to achieve some balance by spending time with family and friends. Weekends usually find me on the soccer field, in a pickup game with 20-to-75-year olds – I’m #6, right defender.

Karen DeWitt access to mail. Most people I was locked up with had it much rougher COMMUNICATIONS MANAGER with 10-year plus sentences. Few experienced the unearned privileges I am a former journalist, a collector of facts, both trivial and profound. I had as a white male with a college education that limited the collateral Long before I joined The Sentencing Project in February 2011, I had taped consequences of my felony conviction. And none of them have the to my home office wall a paper with what appears to be a large “X” on it. privilege I enjoy of working for The Sentencing Project. Up close, the “X” reveals a Justice Department graph of black/white incarceration, 1926 - 2000. Blacks are low on the y-axis; whites are high. Cody Mason 1986, the trend lines intersect, dramatically invert. I spent a lifetime writing PROGRAM ASSOCIATE who, what, where, when, why and how. I know how to tell and sell a I’m currently the program associate at The Sentencing Project, where I story. At this point in my life, I could be selling soap. I’d rather sell justice. assist with work in advocacy, research, communications, and operations. I attend meetings and prepare issue briefing papers, work on a national Kara Gotsch survey on juvenile life without parole, and help maintain The Sentencing DIRECTOR OF ADVOCACY Project’s website, email messages, and Facebook page. A member of Amnesty International and part of a youth in government I served as an intern with The Sentencing Project during my senior program, I was already an advocate for sentencing reform in high school, year at American University – where I majored in political science – after hoping to end the death penalty in my home state of New Jersey. Interest learning about the organization’s work from an article in The New York in policy reform and a desire for a move humane justice system brought Times . I joined the staff full-time after graduation in June. me to Washington, D.C., 14 years ago. My initial interest in criminal justice reform grew out of the war on At The Sentencing Project since 2005, I spend most days on Capitol Hill drugs after seeing a documentary in high school, “In Pot We Trust,” on or meeting with like-minded advocates to pressure the federal govern - medical marijuana. This interest expanded during college after I took ment to reform its mandatory minimum drug sentences, reduce mass several justice classes. It led me to minor in justice and to work for the incarceration, re-enfranchise and provide reentry programs for the formerly Essex County Prosecutor’s Office in Newark, New Jersey for a summer. incarcerated, and establish a National Criminal Justice Commission to My father is a prosecutor, and I’m currently considering applying to evaluate the nation’s criminal justice system. law school. I’m an avid music fan and I enjoy attending concerts in the Commitment and hard work pay off: This year, the U.S. Sentencing Washington metropolitan area. Commission voted to allow sentence reductions for prisoners under new guidelines of the Fair Sentencing Act of 2010 – meaning an average Serawit Mekonnen three-year reduction for 12,000 people. DATABASE MANAGER Away from The Sentencing Project, I enjoy playgrounds and swimming Since June 2007, I’ve managed The Sentencing Project’s database of lessons with my husband, Darren, and two-year-old son, Oliver. advocates, allies, media contacts and donors. Previously, I managed data for a trade association and performed web design and content Marc Levin coordination for a consulting firm. DEVELOPMENT DIRECTOR I grew up in Addis Ababa, Ethiopia. I have a Diploma in Office My job as development director of The Sentencing Project is to raise Management from the Commercial College of Addis Ababa and a BSc money from two primary sources: Individual donors and private Honors in Information Technology from Middlesex University, London. foundations. This involves proposal writing, grant reporting, fundraising I speak French and hope to learn Spanish in the future. Away from campaigns, and making sure donors know how valuable they are to The The Sentencing Project, I enjoy reading, swimming and jogging with my Sentencing Project’s mission. Over 40 years ago, I went to prison as a husband on a trail near our home. I’m also an avid cook who makes result of opposition to the United States waging war in Southeast Asia. the food of my homeland with Western ingredients. My latest culinary In prison, I experienced ever-present and random violence; was strapped challenge is trying to make gluten-free injera, a traditional yeast risen in a cot for four days in pain with kidney stones and denied medication; flatbread made from teff in Ethiopia, but usually made from wheat flour held thousands of miles away from family and friends, often denied in the U.S. Staff Profiles continued on page 6

Sentencing Times Fall 2011 5 Staff Profiles continued from page 5

Ashley Nellis, Ph.D. cherish my teenage hope of clog dancing on the Grand Ole Opry, though RESEARCH ANALYST now it’s on my “bucket list.” I’ve been with The Sentencing Project since 2008 and lead its juvenile justice Prior to joining The Sentencing Project, I worked for the Institute for work. Curiosity about the administration of justice in American led me Higher Education Policy. Before that, I was Director of Administration to pursue an undergraduate degree in criminal justice while engaging in and Human Resources for the National Academy of Social Insurance. social justice advocacy and research on prisons in Texas. I then earned a I’m a graduate of Georgia’s Albany State University, earned a Master’s Masters and Ph.D. in criminal justice from American University while in Applied Sciences from Florida A&M University and a Master’s in working at a national nonprofit research organization, an experience that Theology from Maple Springs Seminary in Maryland. allowed me to combine academic learning with real-life data collection, management and analysis of juvenile justice systems. I continue to Nicole Porter combine research with progressive sentencing reform at The Sentencing STATE ADVOCACY COORDINATOR Project because I believe that fairness, investment in rehabilitation and second My interest in mass incarceration developed when many of the young chances for reformed offenders should be integral to our justice system, men I grew up with in the Greenspoint area of Houston, Texas, ended up especially for juveniles. In my spare time, I’m a long-distance cyclist. under the supervision of the criminal justice system. Trying to understand those dynamics led me to study public policy at the University of Texas, Terry Nixon where I earned a Master’s in Public Affairs at the LBJ School with a thesis OPERATIONS DIRECTOR on self employment as an economic development strategy among As director of operations for The Sentencing Project since 2009, I’m formerly incarcerated African Americans. responsible for day-to-day operations, including the design and imple - I have been at The Sentencing Project since 2009 and spend most of my mentation of all administrative and operational policies, coordination of time working with reformers outside the Beltway, linking The Sentencing financial functions, management of employee benefits and relations, Project’s research to state reform initiatives and monitoring changes and review of all organizational agreements and contracts, and acting as reforms in state criminal justice policy. A good deal of progress has been liaison to The Sentencing Project’s board of directors. made in criminal justice reform as evidenced by our documentation of I’m known to leaven work with humor to help and encourage others. state prison closures, but a great deal still needs to be done. Outside of As the father of a 19-year old son and mentor to young African American work, I enjoy searching for new songs for my playlist and taking my 2004 men and women, I use material from The Sentencing Project to help keep Suzuki to the mechanic. them on the “right side” of the law. I’m a country music fan and still

MEDIA: The Sentencing Project in the News

July 17, 2011 Let’s address some common misun - July 1, 2011 Five myths about Americans in prison derstandings about our incarceration By Marc Mauer and David Cole problem. The commission's mail, about 1. Crime has fallen because incarcera - 43,500 letters and emails, ran over - No country on Earth imprisons tion has risen. whelmingly in favor of the reductions. more people per capita than the 2. The prison population is rising The Sentencing Project, a Washington United States. But for America, mass because more people are being group that pushes for reform in incarceration has proved a losing sentenced to prison. sentencing laws, also strongly encour - proposition. The Supreme Court 3. Helping prisoners rejoin society aged approval of the reductions. recently found California’s over - will substantially reduce the prison Kara Gotsch, director of advocacy crowded prisons unconstitutional, population. for the Sentencing Project, said the and state legislators want to cut the 4. There’s a link between race and panel's vote "confirms that fairness vast amounts of public money spent crime. and equal treatment under the law on prison warehousing. 5. Racial disparities in incarceration are fundamental principles of our Why are so many Americans in reflect police and judges’ racial criminal justice system." prison, and which ones can be safely prejudice. released?

Media continued on page 8 6 Sentencing Times Fall 2011 RESEARCH Your Support Makes A Reports Document Prison Difference Closings and Sentencing Support our efforts to promote fair and effective A report released by The Sentencing Project have been working with state legislators and criminal justice policies documents that 13 states have closed correc - advocacy organizations to advance reform and alternatives to tional facilities or are considering doing so of these laws. incarceration by sending this year, reversing a 40- year trend of prison Reform of state sentencing policies a contribution today. expansion. By year- end there will be a potential has advanced in many parts of the country, reduction of 15,500 prison beds nationally. as featured in an annual review of legislative Contribute online at The report, On the Chopping Block: State Prison initiatives by Nicole Porter. In 2010, legis- www.sentencingproject.org, Closings, by Nicole D. Porter, attributes these latures in at least 23 states and the District or send a check to: developments to the impact of recent state of Columbia adopted policies that may The Sentencing Project sentencing reforms along with the constraints contribute to reductions in prison populations 1705 DeSales St, NW, on state budgets. and eliminate barriers to reentry. These 8th floor, Washington, DC In recent years Michigan had led all states include modifying “drug free school zone” 20036. with its closure of 21 facilities, laws in New Jersey, reallocating including prison camps, as a corrections funds from reduced Make a long-term investment result of sentencing and parole incarceration to reentry services in sentencing reform reforms. Overall, Michigan has in Colorado, and establishing an reduced its corrections capacity incarceration reduction goal For information about how by over 12,000 beds for a total in Vermont. you can make a bequest or cost savings of $339 million. The Sentencing Project staff a stock gift to Two other policy reports has also provided support to The Sentencing Project, Central Unit, a minimum-security prison sentencing reform advocates issued this year illustrate both in Houston, Texas’ Sugar Land suburb, please contact Marc Levin the ongoing problem of exces - which closed this year. in a number of states this year, at (202) 628-0871 sive sentencing as well as the Justin Dehn for The Texas Tribune including: potential for reform. In Cracked Justice, The • Support and technical assistance for a THE Sentencing Project documented that 13 states Connecticut measure to modify a manda- maintain sentencing disparities between tory minimum sentencing provision to SENTENCING crack and powder cocaine offenses, despite limit the number of drug offenses subject PROJECT scientific consensus that the drugs are pharma - to a “school zone” enhancement. cologically the same. In Missouri, for example, • Support of legislation to assess the r acial works for a fair and there is a 75:1 differential in the quantity of impact of proposed sentencing legislation, effective criminal drugs required to trigger a ten-year mandatory introduced by Oregon State Senator justice system by minimum sentence. Chip Shields. promoting reforms Since publication of the report, Ohio has • Support of efforts in Minnesota to provide in sentencing law eliminated its sentencing disparity. In Missouri a second chance for persons with prior and practice, and and Oklahoma, staff of The Sentencing Project convictions seeking employment. alternatives to incarceration. DONOR PROFILE

To these ends, it seeks to recast the Helping to Right a Wrong public debate on Thousands of individuals donate to The Sentencing Project each year. Each has his or her reasons. crime and Sometimes, as in the case of Michael Blake and his wife, Barbara Howald, it is as simple as the punishment. discovery that an immense wrong has been quietly perpetuated while most of us weren’t looking. “If we were suddenly to put a million people behind bars, Americans wouldn’t stand for it,” To receive news and updates from Blake, vice president of finance at the Haas Jr. Fund, told The Sentencing Project. “But if you do The Sentencing Project it over years, it’s a change that goes unnoticed. electronically, “Two million people behind bars. It’s horrifying. It’s Kafkaesque. send an email to: staff@sentencingpro ject.org “We donate to a number of organizations that focus on the problems of incarceration, but The Sentencing Project is going after the root of the problem: the systems that serve to boost prison populations to stunning levels.”

Sentencing Times Fall 2011 7 1705 DeSales St. NW 8th floor Washington, DC 20036 www.sentencingproject.org

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Media continued from page 6

May 24, 2011 from prison, the key issue centers on Norquist, Richard Viguerie, and Opposing view: Reduce prison use of resources. That is, should the Ward Connerly have formed a new populations state continue to spend $48,000 a year organization called Right On Crime, By Marc Mauer to imprison a low-level drug offender which is promoting alternatives to or provide treatment in the community imprisonment. Since 1980, California has developed at far less cost? State Auditor General Jack Wagner a bloated prison population for two says more prison construction could key reasons. First, the state's punitive be halted if the state embraced alter - sentencing policies such as "three natives that could save $50 million in strikes and you're out" have produced fiscal 2011-2012 and $350 million over such bizarre outcomes as an offender February 21, 2011 four years…. serving 25 years to life for stealing Editorial: The Prison Industry The Sentencing Project, a prison three golf clubs. And second, California reform group, also has a new report leads the nation in sending offenders Remember when “lock ‘em up and documenting this country’s penchant back to prison for violations of parole, throw away the key” was part of the for jails. It says the U.S. incarceration many for technical reasons, such as right-wing catechism? No more. rate of 743 inmates per 100,000 failing a drug test, rather than a new While many conservatives still residents is the highest in the world. crime. believe you can’t go wrong with There are now more than 7.2 The court's ruling will not result incarceration, budget-busting prison million Americans either incarcerated in the release of any offender who costs across America have forced or on probation or parole, which is a represents an immediate threat to some new thinking. 290 percent increase since 1980. public safety. But because 95% of In fact, well-known conservatives inmates will eventually be released such as Newt Gingrich, Grover

8 Sentencing Times Fall 2011