Directions in Sentencing in the Current Political Climate

• In Event: Policy Panel: Prospects for Criminal Justice Reform in the Trump Era - Sentencing Reform

Abstract

The time period of the late 1980’s and 1990’s is revered as one encompassing both the “get tough on crime” philosophy and the proposed “war on drugs” promoted by a conservative political agenda. The sentencing policies of this time mirrored the political rhetoric with mandatory sentences for drug offenders, three strikes laws, and the emergence of a “suspect” population of youth—at that time being young, urban males of color. With recent decades turning much scholarly attention to the aftermath of those policies and their discriminatory results for minority males, it seemed American society was on the precipice of criminal justice reform to reduce mass incarceration and the social ills associated with these policies. For example, the Fair Sentencing Act of 2010 changed the federal sentencing guidelines to reduce, among other penalties, the previous disparity in recommended sentences for crack and powder cocaine. Yet, today, we again find ourselves in the midst of a political attack with a new villain—terrorists—and the emergence of a new set of suspect population. In this case, the suspect population includes all individuals practicing the Muslim religion, Hispanics (particularly those of Mexican decent) and refugees of foreign wars. Will the lessons of the past apply and will we see new disparate criminal justice policies emerge aimed at these populations? If so, what form and shape might these disparities take? In this panel we discuss the current political stage with an eye towards policies and lessons learned from the past and work together to devise strategies to ensure science and not political rhetoric continue to inform sentencing policies.

Authors

• John Kramer, Penn State University

• Megan C Kurlychek, University at Albany