Mukasey sees risk in early release
Clemency for crack inmates could boost crime, the attorney general says.
WASHINGTON — Atty. Gen. Michael B. Mukasey on Thursday attacked plans to roll back the sentences of thousands of federal prisoners convicted under harsh crack cocaine laws, saying that the move could return many violent offenders to the streets and increase the crime problems of U.S. cities.
Mukasey told the U.S. Conference of Mayors that about 1,600 convicted criminals -- "many of them violent gang members" -- could be released as early as March under a decision by the U.S. commission that sets sentencing guidelines for federal crimes.
"Before we take that step, we need to think long and hard about whether that's the best way to go about this -- whether it best serves the interests of justice and public safety," Mukasey said. "A sudden influx of criminals from federal prison into your communities could lead to a surge in new victims with a tragic but predictable result."
The remarks, while consistent with previous Justice Department pronouncements on the issue, represented the most pointed criticism to date from Mukasey and showed him taking an aggressive stance as the Bush administration's chief crime fighter.
He also announced to the mayors that the administration would be seeking $200 million in new anti-violence funds for the fiscal year that will start in October.
After years of debate about the fairness and efficacy of lengthy sentences for people caught dealing crack cocaine, the U.S. Sentencing Commission approved guidelines last month that made roughly 19,500 federal prisoners convicted of crack-related crimes -- 85% of whom are African American -- eligible for sentence reductions.
About 2,500 of the eligible inmates could be released in the year after March 3, when inmates are allowed to start applying for reductions, which are estimated to average 27 months.
The others will still have time to serve -- in some cases a decade or more -- even if they qualify for a break, because their original sentences were so long.
The bleak assessment offered by Mukasey was challenged by inmate advocacy groups, public defenders, judges and even some of the big-city mayors listening to his remarks.
"In the grand sweep of the nation's criminal justice system, the release of this minuscule number of prisoners will not affect crime rates. It will, however, significantly improve the perceived fairness of our federal criminal justice system," said Paul Cassell, a professor at the University of Utah law school.
