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Letter From Professors of Criminology, Sociology, Public Policy, and Law to the leadership of the Senate and House Committees on the Judiciary

Professors of Criminology, Sociology, Public Policy, and Law are signing a letter to the leadership of the Senate and House Committees on the Judiciary calling for a review and repeal of the mandatory minimum sentencing provisions of the Anti-Drug Abuse Act of 1986, which was signed twenty years ago on October 27, 1986. Please read the letter and add your name, title and university.

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Senator Arlen Specter Chairman, Committee on the Judiciary U.S. Senate	Representative F. James Sensenbrenner Jr. Chairman, Committee on the Judiciary U.S. House of Representatives

Senator Patrick Leahy Ranking Minority Member Committee on the Judiciary U.S. Senate	Representative John Conyers, Jr. Ranking Minority Member Committee on the Judiciary U.S. House of Representatives

Dear Senators Specter and Leahy, and Representatives Sensenbrenner and Conyers:

Twenty years ago, on October 27, 1986, President Reagan signed the Anti-Drug Abuse Act of 1986. One of its major provisions added mandatory minimum sentences for most federal drug trafficking offenses to the 1970 Controlled Substances Act. The mandatory minimums were reported out of committee without any hearings. Congress said it intended to encourage the Justice Department to focus on major drug traffickers. But the quantity triggers for mandatory sentences are absurdly low. Only five grams of crack cocaine trigger a sentence of at least five years up to forty years. Fifty grams of crack cocaine trigger a sentence of at least ten years up to life imprisonment. Fifty grams is the weight of a candy bar, which is not the large quantity shipped by major traffickers. Even the largest quantities, 5 kilograms of powder cocaine, or about 12 pounds, fit in a large lunch box or a modest briefcase. A quantity of five kilograms of powder cocaine is a courier quantity -- not kingpin quantity.

The U.S. Sentencing Commission has found that the overwhelming majority of federal cocaine defendants – roughly 10,000 cases in 2000 – are low level offenders like bodyguards, lookouts, or street level sellers. Simply put, the current mandatory minimums are undermining public safety by providing perverse incentives for federal law enforcement agencies to focus on minor offenders instead of major traffickers. This is the opposite of what Congress intended.

The law has helped drive in an increase in the federal prison population from 36,000 in 1986 to over 192,000 today. The law has also been unfairly targeted at people of color. Only one in four federal drug offenders is white – the rest are Black, Hispanic, Asian or Native American.

This law was a major mistake.

In general, judges appointed by the President and confirmed by the United States Senate have the maturity and judgment to determine the appropriate and just punishment for criminal violations. There is nothing inherent or uniquely abhorrent in a drug offense that requires mandatory sentencing, especially when sentencing guidelines provide numerous opportunities to enhance sentences when aggravating factors exist.

As a scholar of criminology, sociology, public policy, or law, I join my colleagues around the nation to urge the U.S. Congress to review the 1986 anti-drug sentencing provisions and adopt amendments that will eliminate mandatory minimum sentences in order to enable federal judges to hand down sentences to comport with the spirit of the Sentencing Reform Act of 1984. Such sentences should, consistently with 18 U.S.C. section 3553(a) :
– reflect the nature and circumstances of the offense (including its seriousness),
– reflect the history and characteristics of the defendant,
– promote respect for the law,
– provide adequate deterrence to criminal conduct,
– provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner,
– avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct, and
– provide restitution to any victims of the offense.

In my opinion, the mandatory minimum sentencing provisions of the 1986 Anti-Drug Abuse Act have fostered injustice, created disrespect for the law, and should be repealed.

Sincerely yours,

Scott Akins Assistant Professor Oregon State University	Todd Armstrong Assistant Professor Crime Studies Center Southern Illinois University Carbondale
Dr. Kelly Asmussen Professor of Criminal Justice Peru State College	Kathleen Auerhahn, Ph.D. Assistant Professor Department of Criminal Justice Temple University
Maldine Beth Bailey, J.D., Ph.D. Nova Southeastern University Division of Social and Behavioral Sciences Farquhar College of Arts and Sciences	Floyd W. Banks, Ph.D. Professor and Chair Dept. of Biological Sciences Chicago State University
Gregg Barak, Ph.D. Professor of Criminology & Criminal Justice Department of Sociology, Anthropology, and Criminology Eastern Michigan University	Melissa Barlow, Ph.D. Professor and Interim Chair Department of Criminal Justice Fayetteville State University
David C. Barrows, Ph.D. Chair, Dept. Sociology and Social Work Point Loma Nazarene University San Diego, California	Ronald Berger Professor of Sociology University of Wisconsin-Whitewater
Joel Best Professor of Sociology & Criminal Justice University of Delaware	Donna M. Bishop Professor College of Criminal Justice Northeastern University
Kristie R. Blevins, Ph.D. Assistant Professor Department of Criminal Justice University of North Carolina at Charlotte	Alfred Blumstein Professor,Urban Systems and Operations Research H. John Heinz III School of Public Policy and Management Carnegie Mellon University
Denise Paquette Boots, Ph.D. University of Texas at Dallas Assistant Professor of Criminology	Dr. John R. Bourdette, LADAC, MAC Professor of Criminal Justice, Director,Chemical Dependency Program Western New Mexico University
Sarah Britto Associate Professor Department of Law and Justice Central Washington University	Leonard G. Brown, J.D., LL.M. Assistant Professor& Director Criminal Justice Program State University of New York at Fredonia
Marilyn Brown, Ph.D., Assistant Professor Sociology Department University of Hawaii at Hilo	Michelle Brown Assistant Professor Ohio University
Sarah Britto, Ph.D. Assistant Professor Department of Law and Justice Central Washington University	Hoan N. Bui, Ph.D. Assistant Professor Department of Sociology University of Tennessee
Frank Butler, J.D., Ph.D. Assistant Professor Department of Sociology, Social Work, & Criminal Justice La Salle University	Loretta Capeheart, Ph.D. Associate Professor, Justice Studies Northeastern Illinois University
Sally M. Cafasso Adjunct Instructor, Criminal Justice Dept. of History & Social Behavior Middlesex County College	Dr. Cecil E. Canton Professor Division of Criminal Justice California State University, Sacramento
Thomas C. Castellano Professor of Criminal Justice Rochester Institute of Technology	Roland Chilton Professor of Sociology University of Massachusetts-Amherst
Todd R. Clear Distinguished Professor John Jay College of Criminal Justice The City University of New York	Philip J. Cook ITT/Sanford Professor of Public Policy Duke University
Mark E. Correia, Ph.D. Justice Studies Department San José State University	Michael J. Coyle, Associate Faculty School of Justice and Social Inquiry Arizona State University
Craig Curtis, J.D., Ph.D. Associate Professor of Political Science Bradley University	Ric Curtis, Chair Department of Anthropology John Jay College of Criminal Justice, CUNY
Dean Dabney Georgia State University Department of Criminal Justice	Mary Ann Davis, Ph.D. Assistant Professor of Sociology Sam Houston State University
Daniel Dexheimer, M.A. Adjunct Faculty Department of Sociology Santa Clara University	Danielle Dirks, M.A. Department of Sociology University of Texas at Austin
Kenneth A. Dodge William McDougall Professor of Public Policy Duke University	Dr. Rodney L. Engen Department of Sociology and Anthropology North Carolina State University
Amy Farrell, Ph.D. Institute on Race and Justice Northeastern University	David R. Forde Professor of Criminology and Criminal Justice University of Memphis
David O. Friedrichs Professor and Distinguished University Fellow Sociology & Criminal Justice University of Scranton	Dr. Emily Gaarder Assistant Professor, Sociology/Criminology University of Minnesota-Duluth
Dr. Carole Garrison, Chair Department of Criminal Justice & Police Studies, Eastern Kentucky University	James Garofalo, Professor Administration of Justice Southern Illinois University at Carbondale
Gilbert Geis, Professor Emeritus Department of Criminology, Law and Society University of California, Irvine	Marianne Fisher-Giorlando Professor, Criminal Justice Dept. Grambling State University
Stephen G. Gibbons, Ph.D. Professor Department of Criminal Justice Western Oregon University	Mary H. Glazier, Chair Sociology/Anthropology Department Millersville University
Paul J. Goldstein, Ph.D. Professor of Epidemiology University of Illinois at Chicago	David Greenberg Professor of Sociology New York University
Ricky S. Gutierrez, Ph.D. Associate Professor Division of Criminal Justice California State University, Sacramento	Mark H. Haller Professor of History & Criminal Justice Temple University
Mark S. Hamm, Professor Department of Criminology Indiana State University	M. Kay Harris, Associate Professor Dept. of Criminal Justice Temple University
Debra Heath-Thornton, Ed.D. Associate Professor of Criminal Justice & Sociology Messiah College	Travis Hirschi Regents Professor Emeritus University of Arizona
Truc-Nu Ho, Ph.D. Criminal Justice Core Faculty School of Human Services Capella University	Michael J. Hogan Assistant Professor, Sociology Colorado State University
Malcolm D. Holmes Professor of Sociology University of Wyoming	Kristi Holsinger, Ph.D. Associate Professor Criminal Justice and Criminology University of Missouri-Kansas City
Kristy Holtfreter, Ph.D. Assistant Professor College of Criminology & Criminal Justice	Gwen Hunnicutt, Ph.D. Assistant Professor Department of Sociology University of North Carolina at Greensboro
Dana J. Hubbard Assistant Professor Cleveland State University	Wendelin M. Hume, Ph.D. Chairperson, Criminal Justice University of North Dakota
Michael Israel Professor Emeritus Kean University	G. Roger Jarjoura, Associate Professor School of Public and Environmental Affairs Indiana University
Brian Johnson Assistant Professor Criminology and Criminal Justice University of Maryland	J. Erik Jonsson Professor of Urban Systems and Operations Research H. John Heinz III School of Public Policy and Management Carnegie Mellon University
Matthew B. Johnson, Ph.D. Associate Professor John Jay College of Criminal Justice City University of New York	David M. Jones, Professor Department of Public Affairs University of Wisconsin Oshkosh
Marlyn J. Jones, Ph.D. Assistant Professor, Division of Criminal Justice California State University, Sacramento	Richard S. Jones, Ph.D. Associate Professor and Chair Department of Social & Cultural Sciences Marquette University
George F. Kain, Ph.D. Assistant Professor Division of Justice and Law Administration Western CT State University	David R. Karp, Ph.D. Associate Professor of Sociology Skidmore College
Joanne M. Kaufman, Ph.D. Assistant Professor SUNY Albany Department of Sociology	Stephanie Kent, Ph.D. Assistant Professor of Sociology University of Nevada, Las Vegas
Kate King, Ph.D. Professor and Director of Criminal Justice Murray State University	Mark Konty Assistant Professor Criminology and Criminal Justice Auburn University
John Kramer Professor of Sociology and Crime, Law, and Justice Penn State University	Susan T. Krumholz, J.D., Ph.D. Associate Professor and Director Crime and Justice Studies University of Massachusetts Dartmouth
Candace Kruttschnitt, Professor Department of Sociology University of Minnesota	Aaron Kupchik, Ph.D. Assistant Professor Department of Sociology and Criminal Justice University of Delaware
Megan C. Kurlychek, Ph.D. Assistant Professor Department of Criminology and Criminal Justice University of South Carolina	William S. Laufer, Ph.D., J.D. Associate Professor of Legal Studies and Business Ethics and Sociology The Wharton School of the University of Pennsylvania
Ellen C. Leichtman Assistant Professor Eastern Kentucky University	Paul Leighton, Ph. D. Associate Professor Dept. of Sociology, Anthropology, and Criminalogy Eastern Michigan University
Richard Leo Associate Professor School of Law University of San Francisco	Edith Linn, Ph.D., Assistant Professor Dept. of Criminal Justice Kean University
Ann Lucas Associate Professor San Jose State University	David Lynch Professor of Criminal Justice Weber State University
Michael O. Maume Associate Professor, Sociology & Criminal Justice University of North Carolina Wilmington	Dr. Jill McCorkel Assistant Professor of Sociology Villanova University
Jeffrey R. McDade, Ph.D. Associate Professor of Sociology/Criminology Graceland University	PJ McGann, Ph.D. Professor Department of Sociology University of Michigan
Kristi M. McKinnon Department of Criminology University of South Florida	John A. McLaren, J.D. Associate Professor Texas State University-San Marcos
Josh Meisel, Ph.D. Department of Sociology Humboldt State University	Kim S. Ménard, Ph.D. Senior Lecturer, Crime, Law, and Justice Program Department of Sociology The Pennsylvania State University
Karen S. Miller, Ph.D. Assistant Professor of Criminal Justice Department of Social Science Glenville State College	Professor Peter C. Moskos Department of Law and Police Science John Jay College of Criminal Justice
Clayton Mosher Associate Professor Department of Sociology Washington State University Vancouver	Rebecca Murray, Ph.D. Assistant Professor Dept. of Sociology and Anthropology Creighton University
Thomas Nolan, Ed.D. Associate Professor of Criminal Justice Faculty Director, On-line Master of Criminal Justice Program Boston University	Michael Norris Assistant Professor of Sociology Wright State University
Patricia O'Brien, Ph.D., M.S.W. Associate Professor University of Illinois-Chicago	James D. Orcutt, Ph.D. Professor of Sociology Florida State University
Barbara Owen, Professor Dept. of Criminology Californai State University-Fresno	Joshua Page Assistant Professor, Department of Sociology University of Minnesota
Heather L. Pfeifer, Ph.D. Assistant Professor Graduate Program Director University of Baltimore	Dr. Nathan W. Pino Department of Sociology Texas State University - San Marcos
William Pizio Assistant Professor of Justice and Policy Studies Guilford College	Dr. Tony G. Poveda Professor of Sociology and Criminal Justice State University of New York at Plattsburgh
Lois Presser Assistant Professor Department of Sociology University of Tennessee	James F. "Jim" Quinn, Ph.D., Professor Substance Abuse & Addictions University of North Texas
Michael L. Radelet Professor and Chair Department of Sociology University of Colorado	Nicole Rafter, Professor College of Criminal Justice Northeastern University
Susan O. Reed, Chair Department of Public Affairs/Criminal Justice Program University of Wisconsin Oshkosh	Dr. Thomas E Reed Professor of Criminal Justice and Police Studies Eastern Kentucky University
Craig Reinarman, Ph.D. Professor of Sociology and Legal Studies University of California, Santa Cruz	Mary Reiter Assistant Professor & Lead Instructor, Sociology Social and Behavioral Sciences Columbus State Community College
John David Reitzel Assistant Professor Department of Criminal Justice Illinois State University	Claire M. Renzetti, Ph.D. Professor of Sociology University of Dayton
Stephen C. Richards Ph.D. Associate Professor of Criminal Justice University of Wisconsin-Oshkosh	Susan P. Robbins, Ph.D., LCSW Associate Professor University of Houston
Matthew Robinson, Ph.D. Associate Professor Criminal Justice and Criminology Appalachian State University	Jeffrey Ian Ross, Ph.D. Associate Professor Division of Criminology, Criminal Justice, and Social Policy University of Baltimore
Judge Steve Russell Associate Professor of Criminal Justice Indiana University, Bloomington	Joanne Savage Associate Professor Department of Justice, Law and Society American University
Joachim J. Savelsberg Professor of Sociology University of Minnesota	Adina Schwartz Professor John Jay College of Criminal Justice, CUNY
Matt Semel Assistant Professor Department of Sociology, Social Work & Criminal Justice Sacred Heart University	Magnus Seng, Ph.D. Department of Criminal Justice Loyola University, Chicago
Theresa A. Severance, Ph.D. Associate Professor Dept of Sociology, Anthropology, and Social Work Eastern Connecticut State University	Eric L. Sevigny, Ph.D. Visiting Assistant Professor School of Criminal Justice Michigan State University
Susan F. Sharp, Ph.D. Associate Professor of Sociology University of Oklahoma	Randall G. Shelden Professor Department of Criminal Justice University of Nevada-Las Vegas
Jonathan Simon Professor and Associate Dean for Jurisprudence and Social Policy School of Law, Boalt Hall University of California	Stephen T. Smith, Ph.D. Assistant Professor Department of Criminal Justice Westfield State College
Cassia Spohn, Ph.D. Professor and Director of Graduate Programs School of Criminology and Criminal Justice Arizona State University	Eric E. Sterling, J.D. Adjunct Faculty Department of Sociology George Washington University
Peter R. Stevenson Associate Professor of Sociology Social Science and Criminal Justice Studies Coordinator Keene State College	Kathryn B. Sullivan, Professor Department of Criminal Justice Hudson Valley Community College
Professor Cort D. Tanner Criminal Justice Department Chair Western Texas College	Douglas Thomson, Ph.D. President, Illinois Academy of Criminology Professor, Chair, and Graduate Coordinator Department of Criminal Justice Chicago State University
Dr. Quint Thurman Professor of Criminal Justice & Department Chair Texas State University-San Marcos	Michael Tonry Sonosky Professor of Law and Public Policy University of Minnesota
Kenneth D. Tunnell, Professor Department of Criminal Justice Eastern Kentucky University	William J Vizzard Professor & Chair Division of Criminal Justice California State University - Sacramento
Elizabeth Waggoner, Instructor Ball State University	Daniel W. Webster, Sc.D., M.P.H. Associate Professor Center for Gun Policy and Research Johns Hopkins University
Dr. Angela West Crews Associate Professor of Criminal Justice Washburn University	John T. Whitehead, Ph.D. Dept. of Criminal Justice & Criminology East Tennessee State University
Norma Wilcox, Ph.D. Associate Professor of Sociology Emeritus Wright State University	Frank P. Williams III Professor of Criminal Justice Department of Criminal Justice University of Houston-Downtown
Suzanne Wilson, Ph.D. Professor of Sociology and Criminology Gustavus Adolphus College