Hillary Comes Out Against Crack-Powder Retroactivity
“In principle I have problems with retroactivity," she said. "It’s something a lot of communities will be concerned about as well."
Five other Dems at the forum favor retroactivity:
Her five rivals present on stage — Illinois Sen. Barack Obama, Connecticut Sen. Chris Dodd, former North Carolina Sen. John Edwards, New Mexico Gov. Bill Richardson, and Ohio Rep. Dennis Kucinich — all said they favor making the shorter sentences retroactive.
Hillary needs to rethink this. As Law Prof Doug Berman says at Sentencing Law and Policy, her position is a huge disappointment. But I'm not convinced Obama's position will result in any future change of the excessive mandatory minimum sentences (as opposed to the minimal guideline reduction) for crack offenses. [More...]
"Even if we fix this, if it was a 1-to-1 ratio, it's still a problem that folks are selling crack. It's still a problem that our young men are in a situation where they believe the only recourse for them is the drug trade. So there is a balancing act that has to be done in terms of, do we want to spend all our political capital on a very difficult issue that doesn't get at some of the underlying issues; whether we want to spend more of that political capital getting early childhood education in place, getting after-school programs in place, getting summer school programs in place."
As Boston Columnist Derrick Z. Jackson pointed out:
By asking an open question about spending "all our political capital" on eliminating the 100-to-1 ratio, that raises the possibility he will spend little or none on it. By talking about a "broader" prescription of early childhood school programs -- which means nothing to a 17-year-old in jail-- Obama risks flashing a losing card of being nonconfrontational.
Hillary at the same debate:
SEN. CLINTON: In order to tackle this problem, we have to do all of these things.
Number one, we do have to go after racial profiling. Iíve supported legislation to try to tackle that.
Number two, we have to go after mandatory minimums. You know, mandatory sentences for certain violent crimes may be appropriate, but it has been too widely used. And it is using now a discriminatory impact.
Three, we need diversion, like drug courts. Non-violent offenders should not be serving hard time in our prisons. They need to be diverted from our prison system. (Applause.)
We need to make sure that we do deal with the distinction between crack and powder cocaine. And ultimately we need an attorney general and a system of justice that truly does treat people equally, and that has not happened under this administration. (Applause.)
|< Rudy Crashing And Burning | Fox News Rejects Danny Glover's Guantanamo Ad >|