Mike Mukasey
The Associated Press

Mike Mukasey wants to stay tough.

Featured Topic | Posted 40 weeks 3 days ago

Should crack cocaine receive tougher sentences?

Federal sentences for crack cocaine have long been 100 times harder than for powdered cocaine -- and the Bush Administration wants to keep it that way. Attorney General Mike Mukasey has asked Congress to reinstate those sentencing guidelines that were recently rescinded by the U.S. Sentencing Commission, potentially giving thousands of imprisoned felons a break on their sentences.

What is the justification for different sentences? Does the sentencing commission's action endanger public safety?

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Ben likes: Testimony to the House Judiciary Committee

Michael Mukasey/U.S. Department of Justice

Retroactive application of these new lower guidelines will pose significant public safety risks. Many of these offenders are among the most serious and violent offenders in the federal system and their early release, without the benefit of appropriate re-entry programs, at a time when violent crime has increased in some communities will produce tragic, but predictable results. Moreover, retroactive application of these penalties will be difficult for the legal system to administer given the large number of cases eligible for resentencing, now estimated at upwards of 20,000, and uncertainties as to certain key legal issues remain unresolved.

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Joel likes: Mr. Mukasey's false fear

Washington Post

Lawmakers should reject Mr. Mukasey's appeal. The attorney general failed to mention that not a single prisoner will be released before a probation report is produced, a federal prosecutor has a chance to weigh in and a federal judge signs off on the reduced sentence. The judge may take into account a host of factors in making his determination, including a prisoner's criminal history, his conduct while in prison, and whether he has completed pre-release programs meant to help with assimilation into a community. Moreover, a prosecutor who objects to early release will probably be able to appeal a judge's decision to a federal appeals court, adding yet another layer of protection for society.

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