A TIME FOR CLINTON, JUDGES TO CORRECT DRUG-TERM INJUSTICE

Recently, over 675 leading clergy wrote to President Clinton asking him to
commute the sentences of low-level, nonviolent drug offenders who have
served more than five years. Columnists and editorial boards around the
country are joining the call.

In the remaining days of the Clinton administration, how can the president
identify some of those low-level, nonviolent drug offenders most deserving
of release? He can appeal to the federal judges. He could ask every federal
judge to send him the name of one or two of the cases that they lost sleep
over because the sentence the judge was forced to impose was egregious. Or
judges could voluntarily forward those names to the president.

In the days he has left in office, the president can learn from the Bureau
of Prisons if these prisoners have had clean records in custody and would
be appropriate candidates for commutation of sentence.

Since 1995, the Clinton administration has sent over 100,000 drug offenders
to federal prisons. The federal prison population has doubled since Clinton
entered office, from 73,000 to over 146,000. There are now tens of
thousands of low-level, first-time offenders in federal prison with no
violence in their background. Many of them deserve to be freed.

Since 1987, most judges have imposed sentences required by drug mandatory
minimum laws and the sentencing guidelines. The sentences are much longer
than they might have imposed if they were free to follow the general
sentencing factors of the Sentencing Reform Act. Every federal judicial
council has adopted resolutions condemning these laws. Repeatedly, judges
tell defendants from the bench that they are sorry, but they must impose
these long sentences.

For example, in April 1992, 19-year old Brenda Valencia was sentenced to 12
years in prison for driving her aunt, who had no driver's license, to a
house where the aunt sold 7 kilos of cocaine. U.S. District Judge Jose A.
Gonzalez Jr., in the Southern District of Florida, said at the time, "This
case is the perfect example of why the minimum mandatory sentences and the
sentencing guidelines are not only absurd, but an insult to justice. . . .
It's absolutely ridiculous to impose this sentence in this case." Valencia
had no prior record for any offense.

Federal judges know, collectively, the names of hundreds, if not thousands,
of prisoners serving sentences much longer than justice warrants. They can
and should help the president to restore the public's lost confidence in
our system of justice.

On July 7, President Clinton commuted the long sentences of two women who
were low-level, nonviolent drug offenders. He recently told Rolling
Stone magazine that drug sentences "in many cases are too long for
nonviolent offenders." To commute an excessively long sentence, or where
compassion calls for a release, is to further the interests of justice and
thus to "faithfully execute the office of president."

Such presidential-judicial requests would be extraordinary, but we are in
extraordinary times. The federal prison population had been less than
30,000 for the seven decades prior to 1980. But it grew to 40,505 at the
end of Fiscal Year 1986 when the harsh mandatory minimums were enacted. The
current federal inmate population of 146,640 is truly extraordinary. Given
the potential political risks of clemency to a president seeking
re-election, this opportunity is unlikely to arise again for eight or more
years.

In Leviticus 25:10, God proclaims every 50 years a Jubilee year for the
forgiveness of debts and freeing slaves and prisoners.

Pope John Paul II recognized the year 2000 as a Jubilee. Regarding the
responsibilities of government officials, such as presidents and judges in
this Jubilee year, in July the Pope said, "I turn with confidence to state
authorities to ask for a gesture of clemency toward all those in prison. .
. . "

Courageous, compassionate and wise federal Judges should act now. They
should review their memory and records for the names of defendants whom
they sentenced to terms they felt in their hearts were terribly excessive.
If they send those names to the president, they will help him fulfill his
oath of office, and in this holiday season, they will honor the injunction
of the Holy Bible.

Sterling is the head of the Criminal Justice Policy Foundation in
Washington, D.C. He was counsel to the House Judiciary Committee from 1979
to 1989.