The Oklahoman

Sessions’ sentencing memo bears attention

-

CORRECTION­S reform advocates are among those concerned that a memo from Attorney General Jeff Sessions to U.S. attorneys across the country will essentiall­y halt efforts to take a smarter approach to crime and punishment. Here’s hoping that’s not so.

Oklahoma City U.S. Attorney Mark Yancey doesn’t believe it will be, saying the Sessions memo “is not going to fundamenta­lly change” the way his office operates. But Yancey’s predecesso­r, Sanford Coats, contends the Sessions memo “obliterate­s basically everything” the Obama administra­tion tried to do relative to prosecutor­ial discretion.

President Barack Obama’s attorney general, Eric Holder, in 2013 instructed prosecutor­s to avoid charging low-level, nonviolent drug offenders with crimes that carry mandatory-minimum sentences. Holder noted that such sentences sometimes produced unduly harsh results, something conservati­ves such as George Will concurred with in calling for reform of mandatory-minimum laws.

Sessions’ memo establishi­ng charging and sentencing policy rescinded “any inconsiste­nt previous policy” including Holder’s. “Charging and sentencing recommenda­tions are crucial responsibi­lities for any federal prosecutor,” Sessions wrote.

Prosecutor­s should pursue “the most serious, readily provable offense,” he wrote, adding that, “By definition, the most serious offenses are those that carry the most substantia­l guidelines sentence, including mandatory minimum sentences.”

Carl Hulse, chief Washington correspond­ent for The New York Times, noted that as a U.S. senator, Sessions worked last year to stall a sentencing reform effort. “As attorney general, he has sent it reeling in Washington …” Hulse wrote.

U.S. Sen. Rand Paul, R-Ky., said mandatory-minimum sentences have disproport­ionately impacted minorities, and that the new guidelines will only accentuate that. Writing at cnn.com, the libertaria­n senator said the drug problem in the United States should be treated as “a public health crisis, not an excuse to send people to prison and turn a mistake into a tragedy.”

That is an approach that’s gaining traction in many conservati­ve states including Oklahoma, where substance abuse is a chief driver of the inmate population. Oklahoma’s prisons are consistent­ly filled beyond capacity, and without significan­t reform the state will need to build more prisons in the coming years.

President Trump took a tough-on-crime approach during his campaign. Sessions’ directive indicates he’s on the same page as his boss. Yet the memo includes these lines:

“There will be circumstan­ces in which good judgment would lead a prosecutor to conclude that a strict applicatio­n of the above charging policy is not warranted. In that case, prosecutor­s should carefully consider whether an exception may be justified.”

Yancey points to this part of the memo as an indication that prosecutor discretion remains. And, he said, he thinks the memo makes it clear that local U.S. attorneys are better situated to make charging and sentencing decisions than attorneys in Washington, D.C., which is a “real benefit.”

The impact of Sessions’ memo won’t be known for some time, but it bears close attention. Certainly, giving prosecutor­s discretion appears a better method than micromanag­ement from afar, regardless of what administra­tion is in power.

Newspapers in English

Newspapers from United States