Ramsey Muniz @FT. Leavenworth as case in Chief

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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.

* * * * *
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

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

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