On Wednesday, a U.S. panel considered expanding the ability of federal prisoners to seek compassionate release and limiting judges’ power to punish people for conduct that juries acquitted them of committing. The seven-member, bipartisan panel, known as the U.S. Sentencing Commission, is the agency that sets sentencing guidelines for federal judges. In addition to considering compassionate release, the panel also voted on implementing a provision of a primary gun law passed last year that would stiffen prison sentences for straw purchasers.
The compassionate release has become a pressing issue due to the surge in COVID-19 cases in prisons. In the fiscal year 2020, there were 7,014 motions filed for compassionate release, and without the panel’s guidance, requests have not been granted consistently. The panel proposed that terminal illness or advanced age could be considered “extraordinary and compelling reasons” for compassionate release.
The U.S. Department of Justice has opposed some aspects of the proposal, stating that it would “greatly expand compassionate release in ways that Congress did not intend.” However, advocates argue that the policy change is necessary due to the pandemic and its disproportionate impact on prisoners.
The Justice Department has also opposed a proposal to prevent judges from imposing longer prison sentences on criminal defendants for acquitted conduct. Under current practice, a defendant acquitted on some counts and convicted on others could still face a harsher sentence if the judge factors that acquitted conduct into calculating the prison term.
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This policy has been controversial, and several cases are pending before the U.S. Supreme Court to bring an end to the practice. The issue revolves around that juries must consider whether a criminal charge is proven beyond a reasonable doubt. At the same time, judges may use a lower standard of proof, known as “preponderance of the evidence,” when sentencing a defendant.
In addition to these policy changes, the panel also voted on implementing a provision of a primary gun law passed last year. The provision would stiffen prison sentences for straw purchasers, who are proxy buyers that purchase a firearm on behalf of someone else. Advocates warn that this policy change could disproportionately impact Black people.
The U.S. Sentencing Commission has been hamstrung recently due to not having a full voting quorum. However, with a full panel in place, it has the power to make significant policy changes. These changes will have far-reaching implications for federal prisoners and the criminal justice system. The panel’s decisions will be closely watched and could spark further debate and action on issues such as compassionate release and acquitted conduct sentencing.
