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COVER STORY:
Mandatory Sentencing
July 2, 2004 Episode no. 744
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BOB ABERNETHY, anchor: Thirty years ago, New York State led the so-called war on drugs by passing laws requiring harsh sentences even for nonviolent first-time offenders. Since then, the number of prison inmates has gone up dramatically, and so has national concern that mandatory sentencing is not fair. New York recently reduced some of its required sentences, but critics say they are still too long. Those opponents have been influenced in part by the public advocacy of a former inmate, Elaine Bartlett. Lucky Severson reports on her and the ongoing mandatory sentencing debate.
LUCKY SEVERSON: This is Elaine Bartlett, with her oldest son, Apache, in their old public housing neighborhood on Manhattan's Lower East Side. She always wears bright, cheerful colors --not what you might expect from a mother of four who spent 16 years in prison for a first-time drug offense. New York Governor George Pataki granted her clemency in 2000.
ELAINE BARTLETT (Former Inmate): That was the happiest day of my life. It was actually a snowstorm that day, and I danced out of Bedford Gates in my pink suit, my black heels, and I felt that I was reborn, that I had my life back again.
SEVERSON: Her crime, which she did not deny, was that she transported a four-ounce package of cocaine to upstate New York. It was a stupid thing, but it fit the hard-luck pattern of her life -- one brother murdered, another in prison, a third dead of AIDS. She was sentenced to 20 years.
Ms. BARTLETT: At the end, when they said "Do you have anything to say?" I said that I felt that I was being railroaded out of my life. It didn't take 16 years to learn my lesson. There are so many other things that could have been done with me in those 16 years. They could have educated me.
SEVERSON: The price she paid, and the sum society pays to keep Elaine and tens of thousands like her in prison, is the subject of an intense public debate about the ethics and value of mandatory minimum sentencing. Like the majority of U.S. lawmakers, former congressman and CNN analyst Bob Barr defends mandatory sentencing -- says it was an answer to a public outcry ...
BOB BARR (Former Congressman, R-GA, and CNN Analyst): ... and a general sense on the part of the public that drug usage, particularly cocaine, which really became in vogue in the later part of the 1970s, was getting out of hand, and they were seeing people or perceived they were seeing people getting caught, going into prison, and getting out immediately.
SEVERSON: Mandatory sentencing laws took off with the skyrocketing drug crime of the '70s and '80s. Sentences, both federal and state, are based on the weight and type of the drugs and vary from five years to life in prison.
(To Mr. Barr): Have they worked?
Mr. BARR: They have worked. As good and consistently as we had hoped? No. But they have worked, I do believe. I think it's a very sound idea, a very appropriate idea or way to deal with serious offenders.
SEVERSON: If success is measured in numbers, mandatory sentences have worked. Partly as a result, there are now more Americans in prison than ever before, about two million, at an average cost of about $23,000 to house each inmate each year. But, former U.S. District Judge John Martin says, the guidelines are often too harsh and target the wrong people.

Judge JOHN MARTIN (Former U.S. District Judge): It's poor law enforcement because you're not targeting the right people. You're imposing the sentences on people who don't deserve them, where you should be targeting the sentences for the major dealers.
SEVERSON: Consider Tammi Bloom. She's been in a federal prison in Florida-- six years of a 20-year sentence. Her husband and his girlfriend were convicted of dealing drugs and one of them implicated Tammi in a minor role. But after the two plea-bargained, this mother of two ended up with the longest sentence.
TAMMI BLOOM (Inmate, Coleman Federal Correctional Institution, Florida): The first thing I thought was that, my God, they are taking me away from my children. What am I going to do? What are they going to do? You make one mistake, and your life is taken away from you. I can guarantee you, when they handcuffed me to go to county jail, that was enough for me. I didn't need the rest of it.
SEVERSON: Judge Martin says if inmates like Tammi Bloom and Elaine Bartlett had information to trade, they could have bargained for a reduced sentence.
Judge MARTIN: The lower-level people don't have enough information for the prosecutor to want their cooperation, so it's often the case it's the major dealer who gets the value of the cooperation, and the people lower down the line get the severe sentence.
Ms. BARTLETT: The 16 years that I was in a maximum facility for women, I haven't met one kingpin.
SEVERSON: The trend toward state mandatory sentences started here in New York in 1973 with moderate Republican Governor Nelson Rockefeller. The governor, who wanted to be president, needed more convincingly conservative credentials, so he got enacted the toughest drug laws in the country -- the same laws that put Elaine Bartlett behind bars for longer than most convicted killers.
Of the people behind bars in New York State with mandatory sentences, over 90 percent are African Americans and Hispanics. Julie Stewart, of Families Against Mandatory Minimums, says the laws indirectly target minorities.
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JULIE STEWART (Families Against Mandatory Minimums): More African Americans are being arrested, because it's a lot easier to watch a couple kids on the street corner doing a crack deal than it is to go into some community behind gated walls and watch the powder cocaine being snorted.
SEVERSON: There's another factor. Lawmakers consider crack, the so-called poor man's, cocaine, far more dangerous than powder cocaine.

Ms. STEWART: In the federal system it takes just five grams of crack cocaine, which is the amount of five Sweet'N Low packages, to get five years in prison. To get the same sentence, five years, with powder cocaine, it takes 500 grams.
Mr. BARR: Very small amounts of crack cocaine are, in fact, much more dangerous than a corresponding amount of powdered cocaine.
SEVERSON: The U.S. Sentencing Commission recommended that Congress treat crack and cocaine as equally dangerous -- but Congress refused.
Ms. STEWART: I'm the first to say I want those people who are raping and killing and stealing to be in prison, but there are questions about who should be in prison.
SEVERSON: Julie Stewart's brother was sentenced to five years for growing marijuana. That's why she founded Families Against Mandatory Minimums.
Ms. STEWART: I'm not sorry my brother was arrested, and I'm not even 100 percent sorry he went to prison, though he was very much addicted to marijuana. It was a wake-up call. What he didn't need was five years in prison; six months would have done it.
SEVERSON: Bob Barr says the rigid laws are necessary, first as a deterrent, and also to prevent judges from handing down sentences that, he says, are often too lenient.
Mr. BARR: It does put a great deal more power in the hands of the prosecutor.
SEVERSON (To Mr. Barr): Is that the way it was intended to be?
Mr. BARR: Yes, and there's nothing wrong with that. There's nothing in the system of jurisprudence or [in the] Constitution that the ultimate power has to be the judge.
SEVERSON: Tell that to former Judge John Martin, who quit the bench in protest.
Judge MARTIN: It's very easy to run for office saying, "I was tough on crime." No member of Congress has to look at an individual or an individual's family and see the unfairness of that sentence being imposed and the devastating impact that it has on the family.
SEVERSON: While Elaine Bartlett was in prison, her mother Yvonne took care of the children. She brought them to prison almost every weekend. But when she became ill and passed away, the family fell apart.
Ms. BARTLETT: When I got home and put that key in the door and opened the door to find my family out here in society and basically me living better in jail than my family was living out here in the project apartment -- my world crushed.
SEVERSON: Her youngest son, Jamel, is in prison on a drug charge. One young daughter had left home. Another threatened suicide. Apache was never in trouble and spends much of his time teaching kids basketball, trying to be a role model in a place where there are very few.
APACHE PASCHALL (Son of Elaine Bartlett): Because of the mistake that she made -- it definitely enabled me not to ever make that mistake. I'm not bitter towards her. I'm bitter that I had to live 15 years of my life without her, and I needed her just like any other kid would need their mother.
Ms. STEWART: Almost everyone in prison comes out again; even if they've been there 25 years, they come out again. They are not the same person they were when they went in, and if we are lucky, they are mellow; if we are not, they are bitter and angry, and they want to revenge what they perceive was the injustice done to them.
SEVERSON: There's no way to determine if mandatory sentences have reduced drug crime. A study by the Rand Corporation concluded that treatment programs work best for first-time offenders. Twenty-seven states have rolled back minimum sentences in favor of treatment and community service.
(To Judge Martin): Would you abolish mandatory minimums altogether?
Judge MARTIN: In a heartbeat.
Mr. BARR: I don't think that is necessarily a good idea. I don't think that would necessarily reflect the will of the people, and one has to take the will of the people into account.
SEVERSON: There's a book out now about Elaine Bartlett's odyssey called LIFE ON THE OUTSIDE, and now the convict has turned crusader.
Ms. BARTLETT: The war on drugs is not stopping the drugs from coming into the country; it's not stopped the drugs from getting into our communities, into our kids. The war on drugs, to me, is really a war on families.
SEVERSON: Elaine Bartlett may not find the battle against mandatory sentences as difficult as it once was. Poll after poll shows that a majority of Americans now think that the price to society has been too high.
For RELIGION & ETHICS NEWSWEEKLY, I'm Lucky Severson in New York City.
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Revisit related R&E stories:
Ex-offenders coming home (June 27, 2003)
Sentencing drug offenders (October 6, 2000)
Angola Prison Bible school (March 26, 2004)
Prison ministry in Texas (June 6, 2003)
Juvenile Justice (January 19, 2001)
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Related Links:
New York Times: "Growing Up in the Visiting Room" by Brent Staples, March 21, 2004
The Rand Corporation: "Mandatory Minimum Drug Sentences: Throwing Away the Key or the Tawpayers' Money?" 1997
CNN: "Study: Mandatory minimum drug sentences don't work," 1997
Religious Leaders for a More Just and Compassionate Drug Policy
U.S. Conference of Catholic Bishops: "Responsibility, Rehabilitation and Restoration: A Catholic Perspective on Crime and Criminal Punishment," November 15, 2000
Archbishop of Canterbury: Address at House of Lords Debate on Criminal Justice: The Social Purpose of Sentencing, March 26, 2004
Beliefnet: "Prisoners and Other Strangers" by Jack Miles, May 16, 2004
Families Against Mandatory Minimums
U.S. Sentencing Commission
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Related Links:
Washington Post: "Sentencing standards no longer mandatory" by Charles Lane, January 13, 2005
Christian Science Monitor: "More states roll back mandatory drug sentences" by Alexandra Marks, December 10, 2004
American Bar Association Commission Cites Over-Reliance on Incarceration, Calls for New "Smart on Crime" Approach, June 23, 2004
USA Today: "ABA report offers wise Rx for ailing US penal system" by DeWayne Wickham, June 28, 2004
Christian Science Monitor: "Supreme Court throws sentencing guidelines into doubt" by Warren Richey, June 28, 2004
Life on the Outside: The Prison Odyssey of Elaine Bartlett
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Related Reading:
RETHINKING SENTENCING edited by Peter Sedgwick
PRISON NATION: THE WAREHOUSING OF AMERICA'S POOR by Tara Herivel and Paul Wright
CRIME AND PUNISHMENT IN AMERICA by Elliott Currie
HARSH JUSTICE: CRIMINAL PUNISHMENT AND THE WIDENING GAP BETWEEN AMERICA AND EUROPE by James Q. Whitman
"Teaching Prisoners to Pray" by Sarah Coakley in THE CHRISTIAN CENTURY, June 17, 2004
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