Deserving inmates can get a second chance

We can understand the anger of 6th Circuit Solicitor Randy Newman at the commuted sentence of a man he worked five years to put behind bars. Nonetheless, we think the hundreds of reduced sentences and outright pardons granted by President Barack Obama during his days in office represent a necessary correction to what amounted to both unfair and unnecessarily long sentences for many.

During his presidency, Obama has pardoned or commuted the sentences of 1,324 individuals, among the largest uses of presidential power to extend mercy in modern history and more than the last 11 presidents combined. On one day, Dec. 20, the president issued 78 pardons and commuted the sentences of 153 inmates, the largest number of commutations in a single day.

Among those whose sentences were cut was Marcus Emile Franklin, 40, of Chester. He was sentenced in 2006 to 20 years in prison followed by 10 years’ probation for his involvement in a crack distribution scheme in York and Chester counties.

Franklin will be released at the end of 2018 and will be required to enroll in a residential drug treatment program.

The case was part of a five-year investigation that convicted eight people. Newman, Chester County’s top prosecutor, disapproves of the president’s actions, saying that shortening the sentences of convicted drug dealers does not make communities safer. He said it nullifies the hard work of law enforcement and the expenditure of tax dollars to take drugs and drug dealers off the streets.

But Franklin’s commutation is part of a much larger effort nationwide designed in part to address the disparity in sentencing that occurred a decade ago between those convicted on crack cocaine charges and those convicted on powder cocaine charges. It also is designed to do something about the serious crowding in America’s prison system, which now houses tens of thousands of inmates convicted of low-level, nonviolent crimes, such as possession of cocaine.

And, finally, as White House officials note, this program, known as the Clemency Project, exemplifies the president’s belief that this is a nation of second chances.

Some current sentencing standards have been relaxed after an era of strict mandatory minimums mostly related to non-violent drug crimes. Sentencing for offenses involving crack cocaine also has been adjusted to be more in line with sentences involving powder cocaine, which had been far more lenient.

But that still left thousands of prisoners sentenced before the reforms took place facing decades more behind bars. A number of those inmates, the ones who have no record of violence, who have been model prisoners and who might still become constructive citizens, are the ones who have been given a second chance.

After Obama publicized his desire to use his clemency power, more than 30,000 inmates applied for relief. That required establishing a process to carefully screen the applicants and determine if they should be eligible.

The Clemency Project is a consortium of groups including the American Civil Liberties Union, the American Bar Association and the National Association of Criminal Defense Lawyers. Private law firms and attorneys, including Rock Hill defense attorney Chris Wellborn, also joined the effort to evaluate the clemency applications and present recommendations to the White House.

Violent offenders and those who failed to meet criteria established by the Justice Department were rejected. Others were sent for further review by government lawyers.

Those who were granted pardons had completed their sentences and were leading productive lives. The pardon erases any legal liabilities of a conviction, such as being barred from voting.

Commutations amount to shortened sentences but do not wipe out a conviction or restore lost rights. But in some cases, what had amounted to life sentences were significantly reduced, allowing inmates a chance at a new life after serving a shorter time.

Some receiving mercy undoubtedly will abuse the gift, committing new crimes. But hundreds of others will go on to become law-abiding citizens.

Does that represent a risk to society? Perhaps, although it seems slight.

More importantly, it reflects a dedication to fairness in sentencing and a resolve to create a more just and more cost effective corrections system. While this is just a start and affects only a small percentage of prisoners, it provides a model for a way forward that should be expanded.

This story was originally published December 28, 2016 at 3:53 PM with the headline "Deserving inmates can get a second chance."