US to cut back minimum
sentences for some drug
offences 12 August 2013 Last updated at 18:40
The Obama administration
has unveiled a major reform
of the criminal justice system,
dropping mandatory
minimum sentences in certain
drug cases. Such terms will not be imposed
for non-violent drug offenders
with no gang or cartel ties,
Attorney General Eric Holder
said in a speech. The US has one of the world's
biggest prison populations,
despite a 40-year-low in the
country's crime rates. Critics say that heavy drug
sentences have hit minorities
hardest. "We need to ensure that
incarceration is used to punish,
deter and rehabilitate - not
merely to convict, warehouse
and forget," Mr Holder said in a
speech to the American Bar Association in San Francisco on
Monday. 'Vicious cycle' Under the reforms, Mr Holder is
directing US prosecutors who
draft indictments for certain
drug offences to omit any
mention of the quantity of
illegal substance involved, so as to avoid triggering a
mandatory minimum sentence. Only non-violent offenders with
no previous charges or ties to
gangs or cartels will be
affected. He advocated sending people
convicted of low-level offences
to drug treatment and
community service
programmes instead of prison. Such terms, created as part of
the US "war on drugs" in the
1980s, prevent judges from
applying discretion when
sentencing certain drug
offences. Some 47% of US prison
inmates have been
incarcerated for drug offences,
according to the Federal
Bureau of Prisons. "A vicious cycle of poverty,
criminality and incarceration
traps too many Americans and
weakens too many
communities," Mr Holder said
on Monday. "However, many aspects of our
criminal justice system may
actually exacerbate this
problem rather than alleviate
it." Mr Holder also backed efforts
by lawmakers to allow judges
to use more flexibility with
mandatory minimum
sentences. "Such legislation will ultimately
save our country billions of
dollars while keeping us safe." Some states, including Texas,
have already introduced
programmes designed to limit
incarceration of low-level
offenders. Some critics of the policy were
cautiously optimistic by the
change. "The attorney general's
remarks represent a good first
step toward scaling back the
failed 'war on drugs'," Tom
Engell, chairman of Marijuana
Majority, said. But he added the "real value of
these proposals will be in the
implementation, which drug
policy reform advocates have
good reason to be wary about". During the speech, Mr Holder
also announced an expanded
compassionate release for
inmates facing extraordinary
circumstances and who pose no
threat to the public. The policy will include elderly
prisoners who did not commit
violent crimes and who have
already served a significant
portion of their sentences. Mr Holder also directed US
attorneys to develop local
guidelines on when to bring
federal charges, and when to
leave prosecution to state or
local officials.

In the last 30 years, the need and interest in substance use disorder treatments for criminal offenders substantially increased. Unfortunately, only a small number of offenders, who are already in correctional facilities, receive some kind of help and support. Apart from the lack of diversity, quality, and availability, treatments are also not intensive enough or sufficient to meet the need of the offenders.
For example, imprisoned women suffer from substance use disorder and mental health issues more often then imprisoned men. Furthermore, over 50% of female offenders are victims of some form of violence (including domestic) which is often a trigger for drug and alcohol addiction, PTSD, depression, and criminal activity.