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The Feeney Sentencing Amendment

By Jeralyn, Section Legislation
Posted on Fri Apr 04, 2003 at 06:28:12 AM EST
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Bump and Update: Law Professor Jeff Cooper provides an excellent, detailed and unbiased explanation of the Feeney Amendment, and concludes it represents an injustice that deserves Congressional rejection.

Update 2: The Washington Post editorial opposing the Amendment is here. The American Bar Association joins the call for defeat of the Feeney Amendment. You can read their letter here.

On April 3, the Federal Judicial Conference sent Senator Orrin Hatch (R-UT) a strongly-worded letter opposing the Feeney Amendment. You can read the letter here.

Lawyers are encouraged to bring this letter to the attention of their local federal judges and, if the relationship permits, suggest that the judges contact, first and foremost, Senator Hatch and, secondly, Senators Chuck Grassley (R-IA), Jeff Sessions (R-AL), and Lindsey Graham (R-SC).

A comprehensive set of materials on the Amendment, including sample letters, has been published on the NACDL website here, accessible here.

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FAMM (Families Against Mandatory Minimums) joins NACDL (National Association of Criminal Defense Lawyers) and other organizations in calling for defeat of the Feeney Amendment to the Amber Alert bill passed by the House last week.
This legislation, referred to as the Feeney Amendment, constitutes an extraordinary transfer of power to federal prosecutors, dramatic changes to the laws and procedures that govern sentencing and a drastic encroachment on the independence of the federal judiciary. It places virtually all sentencing discretion in the hands of federal prosecutors. The amendment was attached to child abduction legislation at the last minute in an effort to avoid a debate of its merits and a discussion of its flaws. No input from the Sentencing Commission, the bar or federal judges was sought.
Here's what will happen if the Amendment passes:

1. Judges sentencing first time, non-violent offenders will be utterly forbidden from considering youth, military service, community involvement, charitable deeds, or family responsibility.

2. Judges will be unable to depart from the guidelines for "aberrant conduct" or for a combination of factors, none of which by itself would warrant a departure.

3. Judges will be forbidden from awarding a one-point sentence reduction for "extraordinary acceptance of responsibility" unless the government attorney specifically authorizes the reduction.

4. Judges will be forbidden from awarding any downward departures unless they are explicitly authorized in the federal Sentencing Guidelines.

5. The U.S. Sentencing Commission, which amends the Sentencing Guidelines, is forbidden to authorize any new grounds for departure in those guidelines until 2005.
Please contact your legislators on this. Here's what you can do:
ACTION NEEDED First and foremost, you should call or fax a letter (a sample is below) to Senator Orrin Hatch (UT), chair of the Senate Judiciary committee, stating your strong opposition to this legislation.
Here is FAMM's sample letter:
SAMPLE LETTER:

You are strongly encouraged to personalize this letter by adding items from the talking points above. Remember to fax, not mail, your letter! Calls should also be made using the letter or talking points as a guide.

The Honorable[ ]
United States Senate
Washington, DC 20510

Dear Senator [ ]:

I strongly urge you to take action to prevent the Feeney amendment to S.151 from becoming law. This amendment to S. 151 will strip federal judges of all discretion to treat defendants as individuals. The law will remove much of the little discretion in sentencing that judges retain and increases the harsh effect of already severe sentencing policies.

The amendment is designed to increase penalties imposed on persons sentenced in federal cases by limiting federal judges from exercising long-standing judicial discretion to mitigate the punishment even for first-time, nonviolent offenders who have otherwise exhibited exemplary conduct, including military service and charitable works.

The amendment was attached to child abduction legislation at the last minute in an effort to avoid a debate of its merits and a discussion of its flaws. Such a dramatic rewriting of federal sentencing law requires hearings and input from judges, the bar, the Sentencing Commission and other experts.

Please contact Senator Hatch and urge him to remove the Feeney amendment from unrelated child-abduction legislation (S. 151), which will be the subject of imminent House-Senate conference negotiations.

Thank you for your attention to this very serious matter.

Sincerely yours,
(Your name, address, and telephone number)
There's more you can do:
After calling and/or faxing a letter stating your opposition to the amendment, send an email to your senator using the FAMM action center.

GOP SENATORS ON SENATE JUDICIARY COMMITTEE
If your senator is a GOP Member of the Senate Judiciary Committee (see list below), they also have the ability to influence the outcome and should be contacted, in addition to Senator Hatch.

Orrin G. Hatch (UT) (202) 224-5251
fax: (202) 224-6331
Charles E. Grassley (IA) (202) 224-3744
fax: (202) 224-6020
Arlen Specter (PA) (202) 224-4254
fax: (202) 224-1229
John Kyl (AZ) (202)224-4521
fax: (202) 224-2201
Mike DeWine (OH) (202)224-2315
fax:(202)224-6519
Jeff Sessions (AL) (202) 224-4124
fax: (202) 224-3149
Lindsey Graham (SC) (202) 224-5972
fax: (202) 224-1189
Larry Craig (ID) (202) 224-2752
fax: (202) 228-1067
Saxby Chambliss (GA) (202) 224-3521
fax: (202) 224-0103
John Cornyn (TX) (202) 224-2934
fax: (202) 228-2856

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