Sentencing Reform
Polls continuously show the public supports sentencing reform and prefers shorter sentences aimed toward rehabilitation. And there is good reason. Harsh sentences do little to deter crime, but do make it harder for those re-entering society after incarceration to resume or start productive lives.
The Brennan Center seeks to promote rational sentencing approaches by combining research, scholarship, and policy advocacy to address racial disparities in federal sentencing. Through our Community-Oriented Defender Network, the Center also promotes innovative defender agencies addressing racially disparate sentencing and promoting productive alternatives to incarceration.
In 2010, the Brennan Center was part of a diverse coalition of advocates that were crucial in helping to get legislative support for the ultimate passage of the Fair Sentencing Act of 2010. This legislation significantly reduced the 100 to 1 sentencing disparity that existed for almost 25 years, which ensured that individuals convicted of crimes involving crack cocaine received sentences far harsher than those convicted of crimes involving powder cocaine. Passage of this bill represented a huge victory in the fight to lessen racial disparities in the criminal justice system.
As a follow-up to the Fair Sentencing Act of 2010, advocates, including the Brennan Center, took up the fight to have the FSA applied retroactively — something that was not guaranteed in the legislation though advocates fought to include. In June 2011, the U.S. Sentencing Commission voted unanimously to give retroactive effect, which became effective in November 2011.
The Brennan Center continues its efforts to seek effective sentencing reform. The Center is helping lead the effort to pass Senator Jim Webb’s (D-VA) National Criminal Justice Commission Act, which would be the first examination of the entire criminal justice system in more than 40 years. An examination of sentencing issues will be an integral part of the commissions work.
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Senate Votes on Crucial Justice Funding
Vote will determine funding for civil legal services and prisoner re-entry programs, and the creation of a commission to study our nation's criminal justice system.
Thousands of Prisoners Now Eligible to Receive Fairer Sentences
After 17 years advocating for fairness in federal drug laws, civil rights groups cheer decision to reduce racial disparities in drug sentencing.
Prosecutorial Guidelines Offer DOJ Blueprint for Reform
The Brennan Center for Justice re-releases newly-relevant prosecutorial Guidelines to reduce racial disparities in the criminal justice system. If adopted, the Guidelines would promote equal justice and improve public safety and confidence in law enforcement.
Coalition Releases Criminal Justice Policy Roadmap
More than 20 organizations, including the Brennan Center for Justice, and individuals is pleased to announce the publication of a catalogue of key criminal justice issues and policy recommendations for the next administration and congress.
Statement by Nicole Austin-Hillery on the Senate passage of the Fair Sentencing Act
The Brennan Center has supported a complete elimination of the inequalities in sentencing for crack and powder cocaine offenses, and is hopeful that the Senate Passage of the Fair Sentencing Act (at a reduced, but not eliminated ratio) will not be the final chapter in the overall fight to bring about parity in sentencing and an ending to this type of discrimination.
Nicole M. Austin-Hillery Before Senate Committee on the Judiciary
Testimony given before Subcommittee on Crime and Drugs strongly supports efforts to end disparities between crack and powder cocaine sentencing.
Community Oriented Defender Network | Spring 2010 Update
The COD Network is taking strides to address racial disparities in the criminal justice system and expand the Network’s reach. Read about our latest efforts to improve justice for indigent defendants and new opportunities for collaboration.
Prosecutorial Discretion and Racial Disparities in Federal Sentencing
From Federal Sentencing Reporter Feb. 2007. No actor tasked with enforcing and ensuring respect for the nation’s laws can ignore concerns about the integrity of a criminal justice system increasingly perceived as reserving its harshest punishments for people of color.
Reaching Through the Prison Walls: Social Work in an Appellate Defender Office
A report on the relationship between social workers and lawyers in criminal defense offices.