Prison inmates who have a clean jail record, don’t present a threat to public safety, and were sentenced under out-of-date laws that have since been changed, will all be able to seek clemency under the new guidelines the Justice Department unveiled on Wednesday.
Attorney General Eric Holder announced earlier this week that the Justice Department would be overhauling the way it and President Obama should evaluate pardons and clemency applications.
The effort is consistent with the White House’s goal to both address the rising costs of prison overpopulation and right what it sees as an unfair justice system — especially to those serving longer jail terms than they would have received today.
“For our criminal justice system to be effective, it needs to not only be fair, but it also must be perceived as being fair. Older, stringent punishments that are out of line with sentences imposed under today’s laws erode people’s confidence in our criminal justice system,” said Deputy Attorney General James Cole, who unveiled six new guidelines.
“I am confident that this initiative will go far to promote the most fundamental of American ideals — equal justice under law,” he said.
In 2010, Mr. Obama signed the Fair Sentencing Act, aimed at reducing the racial and sentencing disparities between convictions for crack cocaine — typically used by the poor and minorities — and powder cocaine — more likely used by the affluent and white population.
Thousands of drug offenders are still serving jail-time for crack convictions before the act went into affect and are the “most obvious” candidates eligible for clemency under the revised guidelines, Mr. Cole said, adding the initiative isn’t limited to just them.
Offenders who have served at least 10 years of their term, do not have a significant criminal history, have demonstrated good conduct in prison, have no history of violence prior to or during the current term of imprisonment, don’t have significant ties to gangs or cartels, and are serving outdated prison sentences, all qualify for clemency under the new initiative.
Criminal justice reformers praised the updated guidelines.
“Our federal sentencing laws have shattered families and wasted millions of dollars,” said Vanita Gupta, the American Civil Liberties Union deputy legal director. “Too many people — particularly people of color — have been locked up for far too long for nonviolent offenses. The president now has a momentous opportunity to correct these injustices in individual cases.”
Pardon Attorney Ronald Rodgers, whose job is to oversee and vet the clemency applications, will also resign, Mr. Cole said. Mr. Rodgers will be replaced by Deborah Leff, who’s currently a top adviser to Mr. Holder on access-to-justice issues and a former ABC News producer.
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