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Who Benefits From Changes in Federal Sentencing Rules?

Black men are most likely to go to prison and are doing so at alarmingly high rates said the Obama administration.

When comparing incarceration rates of White men, Black men are worse off and find themselves locked up more often than their counterparts. A drug-related offense is the number one reason a Black man in America is arrested and sentenced to jail time. According to the Bureau of Justice Statistics, White men are arrested at a rate of 678 per 100,000 of the US population, while the rate for Black men is 4,347.

These jaw-dropping statistics are a grave cause for concern among criminal justice policy advocates and some members of Congress who took the matter to the Justice Department for review. After receiving bipartisan support, sentencing reform has become more than a passing discussion in the halls of Congress. In 2010, Congress passed the Fair Sentencing Act, which curtailed the disparity in the manner which sentencing for crack cocaine offenses were handed down in the federal courts. Prior to the new legislation, the inequality which judges demonstrated in punishing those convicted for offenses related to crack cocaine versus cocaine, screamed racism and led to a disproportionate number of Black men serving prison sentences. These sentences were much longer and harsher than those served by White men convicted of crimes related to the sell and distribution of cocaine.

Under the old federal sentencing guidelines, 100 grams of cocaine were essentially treated the same as 1 gram of crack with the latter contributing to an overcrowded, underfunded federal prison system. Although the Fair Sentencing Act reduces the penalty down to an 18:1 ratio, the system remains inherently unfair, as African Americans make up 80 percent of those sentenced for federal crack cocaine offenses. The Obama administration called for additional bills to address the overwhelming disparity, which would further reduce the penalty to a 1:1 ratio.

During his tenure, former Attorney General Eric Holder waged his support and announced that the Department of Justice would instruct federal judges to implement the new guidelines, marking an end to mandatory minimum sentences.

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Restoring Hope To Justice-Involved Women

Women offenders have special needs that often are not addressed during incarceration. As a result, transitioning from incarceration can be challenging and even impossible for many.

 

In 2021, there were roughly 228 women who returned to the Triangle area from state prison and in 2022, that number increased slightly to 232 (NC DPS - Office of Research & Planning, 2023). Also in 2022, there were more than 800 women serving their sentences on community probation throughout the Triangle area. Of both parolees and probationers, more than 80% were mothers of minor children and had the primary responsibility for their care prior to and following incarceration. Ex-incarcerated women are more likely than their male peers to experience higher levels of poverty, homelessness and abuse following a jail or prison term--making the post-prison transition much more difficult.

Research suggests that focusing on the differences between female and male conduits to criminality as well as applying gender-specific interventions, results in more positive outcomes. In the end, the application of specialized practices in criminal justice reform equals greater success for women ex-offenders when attempting to re-establish new pathways to society. It is also proven that the implementation of community-based, gender-responsive practices contributes to lower rates of female recidivism which in turn benefits justice-involved women, their families, the community and society as a whole.

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