Preparing For Pushback: Sentencing Reform - FCNL

Preparing For Pushback: Sentencing Reform Important criminal justice reform legislation is moving in the Senate (S. 2123) and in the House (H.R. 3713 and H.R. 759). These bills make significant advancements to reduce overly punitive and unfairly long mandatory minimum sentences. Additionally, these bills include important prison reforms, enabling some individuals to serve the end of their sentences in halfway houses if they participate in prison programming. When urging Congress to support this legislation, below are some pushback points you may encounter with suggested responses. Pushback: We need to deter people from breaking the law, especially with the recent rise in the opioid epidemic. Response: What deters people from committing crimes? (1) Knowing they’ll be caught and punished. It’s the certainty of punishment, not the length of punishment that actually deters criminal behavior. (2) Dealing with addictions. Half the people in federal prisons now are there for addiction related crimes. It’s much less expensive, more effective, and more compassionate to help people end their addictions. But drug treatment programs are hard to get into – underfunded and often not available. Pushback: Will this bill let out violent offenders? We need to keep our streets safe. Response: No one is getting a “get out of jail free” card. This legislation simply gives judges more discretion so they aren’t forced to impose overly harsh and unfairly long sentences that don’t fit the crime. These bills don’t do away with mandatory minimum sentences. They just shorten them. The provisions that shorten sentences or give judges more discretion are structured to exclude violent offenders. The legislation enables judges to impose fairer sentences. Judges know the system and understand sentencing. We should let judges do their jobs. Pushback: Aren’t drugs and drug sales inherently violent? These transactions are often backed by violence. Response: This legislation lets judges determine if violence was actually committed and how serious it was. Was this a young offender trying to “make a buck” or someone high up in a criminal enterprise that has caused or is likely to cause harm? The bills would allow punishments to fit the crime a little more closely. Pushback: These bills do not go far enough. Response: This legislation is far from perfect, but it’s a strong first step. Congress can pass this right now, potentially helping tens of thousands of people. A victory this year can help generate more momentum for greater criminal justice reform going forward.