| The Coalition for Jubilee Clemency | |
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The Coalition for Jubilee Clemency
Sister Marion Defeis
Rabbi Gerald Serotta
Jewish Chaplain, George Washington University
Rev. Robert Schaibly
Rev. Andrew Gunn
Rev. Bernard Keels
Rev. Howard Moody
Ralph J. Kuehner
Michael S. Gelacak
The Criminal Justice Policy Foundation
Families Against Mandatory Minimums
Washington, DC
The Sentencing Project
Citizens United for the Rehabilitation of Errants (CURE)
The November Coalition
“And you shall hallow the fiftieth year and you shall proclaim liberty throughout the land
to all its inhabitants. It shall be a jubilee to you: you shall return, every one of you,
to your property and every one of you to your family.”
“ . . . because the Lord has anointed me; he has sent me to bring good news to the
oppressed, to bind up the brokenhearted, to proclaim liberty to the captives, and release
to the prisoners; to proclaim the year of the Lord’s favor . . . ”
“ . . . and those whose hearts are to be reconciled, and to free the captives and the
debtors, and for the cause of Allah, and (for) the wayfarer; a duty imposed by Allah.”
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Dear Faith Leader: Grace and peace in the name of the One who grants atonement and forgiveness, and sets the captives free. In the universal interest of justice and mercy, we are reaching out to leaders in all faiths to sign a letter calling on President Clinton, before his term ends in Jan. 2001, to grant clemency to and to release on supervised parole those Federal prisoners serving unconscionably long sentences for low-level, nonviolent drug offenses (as defined by the U.S. Justice Dept.). Every fiftieth year is a Jubilee year in the Christian and Jewish faiths, a year in which debts are forgiven and prisoners are liberated. The year 2000 is a Jubilee year in the Christian faith. We know all faiths do not have this tradition, but all faiths celebrate justice and compassion. Recently, Pope John Paul II wrote about the significance of the Jubilee year: “The Holy Year must be used as a chance to right injustices committed, to mitigate excesses, and to recover what might otherwise be lost. . . . I turn with confidence to State authorities to ask for a gesture of clemency [italics in original] towards all those in prison: a reduction, even a modest one, of the term of punishment would be for prisoners a clear sign of sensitivity to their condition.”1 Why do we need your help? Since 1980, the number of persons incarcerated in the U.S. for drug offenses has increased tenfold, to about 500,000 this year. About 80,000 of these individuals are Federal drug offenders. To put it in perspective, the U.S. has 100,000 more people in prison for drug offenses than the twelve countries of the European Union have in prison for all offenses, even though the EU has 100 million more people than the U.S. And, most tragically, there are an estimated 600,000 children in the U.S. with a parent incarcerated for a drug offense.2 Many of the drug offenders in Federal prison are serving extremely long sentences – 20 years, 25 years, life – with no chance of parole, which was abolished by Congress in 1984. In fact, the average Federal prison sentence for drug offenders is longer than the average Federal prison sentence for those convicted of rape, assault, or robbery.3 Some nonviolent drug offenders are even serving sentences longer than those being served by murderers.
President Clinton can remedy some of the injustice. The Constitution gives the President the power to “grant reprieves and pardons” in Article II, Section 2. The Washington Post, in a December 27, 1999 editorial, wrote: “Given the harsh mandatory minimum sentences that govern drug offenses, including nonviolent offenses, there must be many cases where presidential clemency would be a powerful tool for justice.” In fact, on July 7, 2000 – on the eve of a day designated by the Roman Catholic Church to show compassion to prisoners – President Clinton commuted the sentences of five prisoners serving time for drug offenses. “The president felt they had served a disproportionate amount of time,” said White House spokesperson Jake Siewart. Many others are also serving a disproportionate amount of time. The issue of our request is not innocence, but fair punishment. Mandatory minimum sentences prevent fair punishment by prohibiting judges from considering the individual nature of each case. Federal judges across the nation have called them “manifestly unjust.” In fact, 86% of Federal judges surveyed oppose mandatory minimums, according to the Federal Judicial Center.4 People who break the law deserve to be held accountable. But they do not deserve sentences that are cruelly excessive. This is one of the most basic questions of justice: “Does the punishment fit the crime?” Once the punishment has been sufficient, further punishment is wrong and hurts us all by degrading the integrity of our criminal justice system. In 1994, the U.S. Department of Justice reported: “Using one set of criteria which limited offenders to no current or prior violence in their records, no involvement in sophisticated criminal activity and no prior commitment, there were 16,316 Federal prisoners who could be considered low-level drug law violators.”5 The Federal prison population has grown by fifty percent since 1994, thus the number of “low-level drug law violators” in Federal prison has certainly increased substantially. It is unlikely that President Clinton will grant clemency to thousands of offenders. However, our modest hope is that the President will begin the process of freeing such offenders, starting with the most clearly deserving cases. Another goal of our campaign is to spread recognition that lengthy sentences for nonviolent, low-level offenders are unjust. We hope this awareness will lead to a greater consciousness of individualized justice in the application, development, and reform of our laws. Dr. Martin Luther King said, “Injustice anywhere is a threat to justice everywhere.” As persons concerned with human rights and with fostering peace, we appreciate that, indeed, “If you want peace, work for justice.” We urge you to join our effort. Clemency is literally the last hope for most of these incarcerated individuals, as most have exhausted their appeal options in the courts. Please sign and return the attached letter addressed to President Clinton. Your signature could profoundly affect the lives of thousands of incarcerated men and women, and their families. 1. Message of His Holiness John Paul II for the Jubilee in Prisons, The Vatican (July 9, 2000). |
