Eric Holder May Release Sweeping Drug Sentencing Proposal

[woo me with science]

53. Wow, that's brazenly dishonest even for you,

to post that first article from 2011, when you know very well that Obama's justice department has reversed position entirely:



Holder Moves to Overturn Ruling That Would Apply Fair Sentencing Act Retroactively
http://www.alternet.org/civil-liberties/trial-obama-admins-greatest-shame?page=0%2C1


Strangely, the Obama administration initially urged in federal courts across the country that the old discriminatory penalties should still be applied to those arrested but not yet sentenced at the time the law was passed. However, the administration reversed course after significant criticism, and the US supreme court held last year that the new, more "fair" sentences must be applied to those not yet sentenced.

But that case did not decide the fate of any of the thousands of people already sitting in prison because of what all agree is an unfair law. For those people – sentenced, in some cases, just days or weeks before the Fair Sentencing Act was signed – our society's acknowledgment that they remain in prison for no good reason may not help them at all – because the government did not care to reduce their penalties retroactively when it declared them unjust.

For several years, federal judges have done nothing to remedy this injustice; one famously concluded that the prisoners sentenced under the old law had simply "lost on a temporal roll of the cosmic dice". So, there are American citizens serving tens of thousands of years in prison because, according to all three branches of government, it's just their tough luck?

Apparently so, until two months ago. On 17 May 2013, the US court of appeals for the sixth circuit held that the new, "fair" sentences must be applied to all those previously sentenced under laws that everyone acknowledges were discriminatory. The two-judge majority opinion wrote forcefully (pdf) and with unusual candor about the history of unequal treatment under the old laws. The judges ordered that those sentenced under those laws were entitled to ask federal judges to reduce their sentences.

The Justice Department is now seeking to overturn that decision – which will be devastating news to many thousands like my original crack cocaine client. The Obama administration would surely condemn an oppressive foreign dictator's regime for the singular cruelty of declaring to its population that thousands of its citizens must continue to sit in prison for no good reason. The fact that few have even heard of the stunning position taken by President Obama is a sad reflection on how incurious mainstream US public opinion is about what underpins our mass incarceration society.