Readers discuss mandatory minimum sentences and mercy.
To the Editor:
A new report by the American Civil Liberties Union reminds us of the truly scandalous incarceration fetish in the United States, including long mandatory minimum sentences for drug offenses and life sentences for people who would almost certainly pose no danger to the community if paroled ("Sentenced to a Slow Death," editorial, Nov. 17).
Particularly telling is the anguish of federal judges, who have no choice, under existing law, about delivering draconian sentences. With regard to federal prisoners, there is one man who could immediately alleviate the senseless suffering. That is Barack Obama, who is given unequivocal authority by the Constitution to pardon federal prisoners.
Yet President Obama, whether for reasons of political calculation, personal psychology or the taint of former President Bill Clinton's almost inexplicable pardon of Marc Rich on the last day of his presidency, has been notably unwilling to use that power.
Harry S. Truman pardoned his first prisoner eight days after taking office. In contrast, Mr. Obama waited 682 days into his presidency before using his power, and even then he did so sparingly, almost trivially. Even now, well into the fifth year of his presidency, he has pardoned only 39 people, 25 of whom had been sentenced only to probation.
It is time for him to take more seriously not only his constitutional power, but also his duty to leaven with mercy an often indefensible federal system of criminal justice. Even Attorney General Eric Holder recently called for reform of that system.
It is time — indeed, past time — for President Obama to educate the public about the injustice that runs through our criminal justice system with regard to sentencing and about the almost wanton destruction of lives of low-visibility people without friends in high places. He could (and should) provide a lesson in mercy at least and possibly even in forgiveness with the stroke of his pen and an edifying speech explaining his action.
SANFORD LEVINSON
Brookline, Mass., Nov. 22, 2013
The writer is a professor at the University of Texas Law School and a visiting professor at Harvard Law School.
Readers React
I was a first-time nonviolent offender who was sentenced to 15 years to life under the mandatory minimum provisions of New York's draconian Rockefeller drug laws. I served 12 years before being granted executive clemency by Gov. George E. Pataki.
Every year I write to the sitting governor of New York and ask him to show mercy to those nonviolent drug offenders who have served tremendous amounts of time and have fallen through the cracks of criminal justice reform. These individuals have no judicial relief left other than regaining their freedom through the compassionate acts of politicians in power.
As the A.C.L.U. report points out, there are a huge number of people serving long federal mandatory drug sentences in the gulags of the United States. It's time for President Obama to step up to the plate and use his commutation powers to help them regain their freedom, instead of the symbolic pardoning of turkeys to show compassion and justice.
ANTHONY PAPA
New York, Nov. 25, 2013
The writer is the manager of media relations for the Drug Policy Alliance and the author of "15 to Life."
Professor Levinson identifies two important reasons the president should use his pardon power: to educate the public about flaws in the operation of the criminal justice system, and to leaven justice with mercy in particular cases.
A third reason is to speak directly to other actors in the system, notably prosecutors and Congress, about the importance of tempering the frequently harsh operation of the law. When I was responsible for making clemency recommendations to the president, I thought this had great practical value.
Professor Levinson's suggestion that the president accompany grants of clemency with "an edifying speech explaining his action" calls to mind a compelling episode of "The West Wing" in which President Bartlet uses his State of the Union address to call for reform of mandatory minimum sentences, announcing more than a dozen commutations.
There is yet another reason for the president to use his pardon power, and that is one of pure self-interest. The last two presidents risked damaging their legacy because they failed to pardon regularly before the end of their terms. Based on his pardoning record to date, President Obama appears headed in the same direction. Even if he avoids issuing unwise pardons, he is already being criticized for issuing too few.
MARGARET COLGATE LOVE
Washington, Nov. 26, 2013
The writer was United States pardon attorney from 1990 to 1997 and now represents applicants for executive clemency.
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