Right On Crime and Due Process Institute Offer Recommendations to the U.S. Sentencing Commission

Two national criminal justice organizations today submitted recommendations to the U.S. Sentencing Commission to improve federal sentencing guidelines regarding issues of relevant conduct, drug crimes, intended loss, and white-collar crimes.

Right On Crime—a national criminal justice campaign of the Texas Public Policy Foundation focused on conservative, data-driven solutions to reduce crime, restore victims, reform offenders and lower taxpayer costs—and Due Process Institute—a nonprofit bipartisan organization that works to honor, preserve, and restore procedural fairness in the criminal justice system— worked together to offer the recommendations.  Click here to see the full letter to the U.S. Sentencing Commission.

Right On Crime and Due Process Institute applaud the Commission for the transparent and communicative process which is essential for good governance and trust. The letter to the U.S. Sentencing Commission included the following recommendations:

• Limit the scope and use of uncharged conduct in sentencing a defendant which would cover the use of uncharged relevant conduct and acquitted conduct.
• Modernize criminal sentencing for drug offenses, including removing an arbitrary purity distinction for methamphetamine charges and asking the Commission to evaluate a role-based sentencing system   instead of a quantity-based system for drug charges.
• Provide more clarity to some guidelines so prosecutors can’t add sentencing enhancements with impunity.

The recommendations also encouraged the Commission to remove language on “intended loss,” clarify the meaning of “sophisticated means” and “position of trust,” and consider punishment of criminal defendants who testify by barring prosecutors from tacking on an obstruction of justice enhancement.

“This amendments process encourages a comprehensive dialogue on meaningful and data-driven improvements to the criminal justice system,” said Brett Tolman, Right On Crime Executive Director and former U.S. Attorney. “Right On Crime commends the Commission for its continued efforts to remove ambiguities, consolidate redundant laws, and help prevent prosecutorial abuse.”

“The recommendations we are putting forth aim to address multiple longstanding inconsistencies with drug penalties, the unconstitutional practice of acquitted and relevant conduct sentencing, and the overly broad application of numerous sentencing enhancements,” said Shana-Tara O’Toole, Due Process Institute Founder and President. “We look forward to continuing our work with the Commission to address these vital issues.”

The U.S. Sentencing Commission sought recommendations from the public on “specific avenues of research or policymaking that would allow the Commission to fulfill statutory goals” of improving federal sentencing policies and practices to increase consistency, avoid unwarranted sentencing disparities, and more accurately reflect the realities of the criminal justice system.