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AFP Sentencing Reform Overview

Americans for Prosperity envisions a reformed criminal justice system governed by the principles of a free
and open society, in which government is constrained by the rule of law, and under which all individuals
of every background are afforded equal justice under law. In a free and open society, sentences imposed
by judges are proportionate to the crime committed, taking into consideration the nature and
circumstances of each case, to afford adequate deterrence and protection for the public from future
crimes. At present, over-criminalization, mandatory minimum sentencing, and a lack of available
alternatives to incarceration have contributed to widespread disparities, crowded prisons, and the
unnecessary imprisonment of people who do not belong behind bars.

Over-Criminalization

 Reduce Over-Criminalization: Lawmakers should explore ways to treat some offenses as civil
rather than criminal matters, and reduce the number of crimes on the books.
 End Disparate Criminalization: Similar crimes should have similar punishments. The different
punishments assigned to crack cocaine and powder cocaine are a classic example. Lawmakers
should critically examine all equal crimes that impose unequal sentences.

Mandatory Minimums

When sentences are determined at the state and national level rather than by judges uniquely informed
of the facts of each case, sentencing may be more uniform, but too many people are unnecessarily
incarcerated for far too long.

 Roll Back Mandatory Minimums: We have disparities in sentencing, but our solution to these
disparities should not be to expand mandatory minimums, since these have led to over-
incarceration.
 Ensure Uniformity by Other Means: Lawmakers should explore alternatives to mandatory
minimums to ensure uniformity in sentencing, such as due process mechanisms where disparately
punished convicts can appeal their sentences, capping some sentences, and other alternatives.

Alternatives to Incarceration

As the saying goes, when all you have is a hammer, everything looks like a nail. In the criminal justice
system, the hammer of incarceration has been used to excess, keeping some in prison for too long and
incarcerating others who should not be imprisoned at all. Restoring flexibility to judges and criminal justice
agencies to implement alternatives to incarceration allows offenders who are not a threat to themselves
or others a chance to re-enter society, relieving pressure on our prisons.

 Establish Re-entry and Treatment Programs: Provide options to transition certain offenders out
of the prison system, and treat those who suffer from substance abuse in order to rehabilitate
offenders and reduce recidivism.
 Expand Safety Valves: Judges who feel compelled to avoid imposing unnecessarily harsh
sentences should have recourse to more “safety valves” that specify extenuating circumstances
that can grant them more flexibility in sentencing.

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