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Myths That Distort the Sentencing Reform Debate

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A big part of the energy behind sentencing "reform" takes root in the belief that we have not only too many people in prison, but the wrong people.  Under this view, prisons are packed with "low level drug offenders" ("pot offenders" is often implied), leaving insufficient room for the "truly dangerous."

As Heather McDonald explains in "The Decriminalization Delusion," this is pure hogwash.  She shows, for example:

[Contrary to President] Obama, the state prison population (which accounts for 87 percent of the nation's prisoners) is dominated by violent criminals and serial thieves. In 2013, drug offenders made up less than 16 percent of the state prison population, whereas violent felons were 54 percent of the rolls and property offenders, 19 percent. (See graph below.) Reducing drug admissions to 15 large state penitentiaries by half would lower those states' prison count by only 7 percent, according to the Urban Institute.


She continues:


True, drug traffickers make up a larger (though declining) portion of the federal prison population: half in 2014. But federal prisons hold only 13 percent of the nation's prison population. Moreover, it is hardly the case that "but for the grace of God," as Obama put it, he could have been incarcerated in Oklahoma's El Reno for getting stoned as a student. Less than 1 percent of sentenced drug offenders in federal court in 2014 were convicted for simple drug possession, according to the U.S. Sentencing Commission, and most of those convictions were plea-bargained down from trafficking charges. Contrary to the deincarceration movement, blacks do not dominate federal drug prosecutions. Hispanics were 48 percent of drug offenders sentenced in federal court in 2013, blacks were 27 percent, and whites 22 percent.


Even on the state level, drug-possession convicts are relatively rare. In 2013, only 3.6 percent of state prisoners were serving time for drug possession, often the result of a plea bargain, compared with 12 percent of prisoners convicted for trafficking. Virtually all the possession offenders had long prior arrest and conviction records. The meth users that Tustin, California, police officer Mark Turner encountered in his undercover narcotics days were sentenced to drug classes. "Then they would skip out of the classes and always re-offend," he says.


Ladies and gentlemen, we have been sold a bill of goods.  Fortunately, there is still ample time for Congress to walk away.

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