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"This policy affirms our responsibility to enforce the law, is moral and just, and produces consistency," Jeff Sessions writes. | AP Photo
Sessions moves to lengthen drug sentences
AG rolls back Obama-era policy that allowed many to escape stiff mandatory minimums
By JOSH GERSTEIN 05/12/17
Attorney General Jeff Sessions is reversing one of the central elements of the Obama administration's criminal justice reform agenda: a Justice Department policy that led to prosecutors in drug cases often filing charges in a way that avoided triggering mandatory minimum sentences in federal law.
Sessions is withdrawing a 2013 directive from Attorney General Eric Holder that instructed federal prosecutors not to specify the amount of drugs involved when charging low-level and non-violent drug offenders. That policy effectively gave judges discretion to set sentences lower than the mandatory punishments ranging from five years to life in prison federal law dictates when someone is convicted of a crime involving a certain quantity of illegal drugs.
In a memo distributed to federal prosecutors nationwide Thursday, Sessions said the department default in future cases will return to a previous policy of filing the most serious charge available against a defendant under the provable facts.
"It is a core principle that prosecutors should charge and pursue the most serious, readily provable offense," Sessions said in the directive, dated Wednesday.
The attorney general suggested that moves to lessen the impact of mandatory minimums should come from Congress, rather than being unilaterally implemented by the Executive Branch.
"This policy affirms our responsibility to enforce the law, is moral and just, and produces consistency. This policy fully utilizes the tools Congress has given us," he wrote.
Sessions' move bucks a growing trend in recent years—in Washington and in states across the country—to abandon some of the harshest sentencing policies created in the 1980s-era war on drugs. Many experts say those laws and sentencing rules led to drug offenders spending decades in prison or even receiving life behind bars, when lesser sentences would have been adequate. The laws also ballooned the prison population, leading to costs that were unsustainable for some state governments.
continued...hxxp://www.politico.com/story/2017/05/12/mandatory-minimum-drug-sentences-jeff-sessions-238295
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