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Oral Arugments in Crack Cocaine Sentencing and Good Time Cases

The Supreme Court held oral arguments today in Dillon v. U.S., which I described here.

The transcript of today's argument is here. Via Peter G. in comments,

Justice Kennedy got in the face of an Asst to the Solicitor General (with SG Kagan sitting there) about the fact that there were no Presidential sentence commutations or other clemency grants last year, none, and only five the year before (page 39 of the linked transcript).

Another case heard by the Supreme Court today was Barber v. Thomas, (transcript here) about whether the Bureau of Prisons is cheating prisoners in the way it calculates good time credits. [More...]

Peter writes:

Justice Kennedy noted that the total difference, when you count all the years of all the sentences, is 36,000 years of illegal time served (p. 53). And Justice Stevens noted that it might involve $100 million in wasted money (illegally spent) on keeping people locked up an extra week per year each (p. 42).

CNN said the justices had a merry time with the Barber case:

The justices managed to crack themselves up -- along with the public audience -- at least a dozen times in the hourlong oral debate. Justice Clarence Thomas rarely speaks at the high court's normally sober sessions, but he especially enjoyed the gentle insults and self-deprecating jibes his colleagues showered on each other. His booming laugh could be clearly heard at times.

...Despite the fun, the question is a serious one for the nearly 197,000 federal prisoners and their families, according to the most recent weekly population report issued by the Justice Department. Ninety-five percent of the inmates are affected by the good-time provision. Lawyers for the inmates say the savings to taxpayers under their reading of the law would amount to $953 million a year now being spent to incarcerate current prisoners.

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  • Display: Sort:
    not net savings (none / 0) (#2)
    by diogenes on Tue Mar 30, 2010 at 10:50:20 PM EST
         Costs are 953 million, but prosecutors tend to put people with other priors or plea bargains from worse crimes (e.g. let the robbery or assault go and plead down to possession)in prison. You can have mandatory crack sentences but prosecutors have never been obliged to bring up the charges or refuse plea bargains (so that mere first time people charged with possession could plead down and never face a mandatory sentence).  We'll see what the recidivism rate looks like and what the net cost or savings to society is if sentencing changes.
         Is there a site which lists every person sentenced under these mandatory crack sentences along with their prior convictions and what they were originally arrested for or charged with in the crime that led them to prison?  

    it doesn't matter what they were initially charged (none / 0) (#3)
    by Jeralyn on Tue Mar 30, 2010 at 11:12:54 PM EST
    with. If they didn't plead guilty to it, and weren't found guilty of it, they aren't guilty of it, period, regardless of however they were charged initially. Overcharging is very common.

    Parent
    You misunderstand the savings comment (none / 0) (#7)
    by Peter G on Wed Mar 31, 2010 at 09:05:22 AM EST
    Diogenes: Justice Stevens was talking about the good conduct time credit case, not the crack sentence reduction case, as I think my comments made clear.  Doesn't matter what someone's prior record is or anything else, if you make a prisoner serve 311 days of each year of the sentence (i.e., 15% good time credit), it costs less to run your prisons than making that prisoner serve 318 days of each year (12.8%).  And no one would seriously argue that keeping anyone in 7 days longer (per year) would increase general deterrence or reduce recidivism.

    Parent
    Something For Everyone (none / 0) (#4)
    by squeaky on Tue Mar 30, 2010 at 11:33:49 PM EST
    Social injustice for the Dems, and bloated entitlement program for the GOP (prison).
    Justice Kennedy noted that the total difference, when you count all the years of all the sentences, is 36,000 years of illegal time served (p. 53). And Justice Stevens noted that it might involve $100 million in wasted money (illegally spent) on keeping people locked up an extra week per year each (p. 42).

    Good on Justice Kennedy