Excessive Sentences for Drug and Property Crimes; Extreme Racial Disparities Shown

November 13, 2013

FOR IMMEDIATE RELEASE

CONTACT: 212-549-2666, media@aclu.org

NEW YORK – In the first-ever study of people serving life without parole for nonviolent offenses in the United States, the American Civil Liberties Union found that at least 3,278 prisoners fit this category in federal and state prisons combined.

"A Living Death: Life Without Parole for Nonviolent Offenses" features key statistics about these prisoners, an analysis of the laws that produced their sentences, and case studies of 110 men and women serving these sentences. Of the 3,278 prisoners, 79 percent were convicted of nonviolent, drug-related crimes such as possession or distribution, and 20 percent of nonviolent property crimes like theft.

"The punishments these people received are grotesquely out of proportion to the crimes they committed," said Jennifer Turner, ACLU human rights researcher and author of the report. "In a humane society, we can hold people accountable for drug and property crimes without throwing away the key."

The ACLU estimates that, of the 3,278 serving life without parole for nonviolent offenses, 65 percent are Black, 18 percent are white, and 16 percent are Latino, evidence of extreme racial disparities. Of the 3,278, most were sentenced under mandatory sentencing policies, including mandatory minimums and habitual offender laws that required them to be incarcerated until they die.

"The people profiled in our report are an extreme example of the millions of lives ruined by the persistent ratcheting up of our sentencing laws over the last forty years," said Vanita Gupta, deputy legal director of the ACLU. "We must change our sentencing practices to make our justice system smart, fair, and humane. It's time to undo the damage wrought by four decades of the War on Drugs and 'tough-on-crime' attitudes."

Douglas Ray Dunkins Jr., who has served 22 years so far, told the ACLU, “It’s devastating, horrible, not being around to see [my children] graduate and go to school.” Dicky Joe Jackson, who has served 17 years, said, "I would rather have had a death sentence than a life sentence."

The federal courts account for 63 percent of the 3,278 life-without-parole sentences for nonviolent offenses. The remaining prisoners are in Louisiana (429 prisoners), Florida (270), Alabama (244), Mississippi (93), South Carolina (88), Oklahoma (49), Georgia (20), Illinois (10), and Missouri (1). The ACLU estimates that federal and state taxpayers spend $1.8 billion keeping these people in prison for life instead of more appropriate terms.

In addition to interviews, correspondence, and a survey of hundreds of prisoners serving life without parole for nonviolent offenses, the ACLU based "A Living Death" on court records, a prisoner survey, and data from the United States Sentencing Commission, Federal Bureau of Prisons, and state Departments of Corrections obtained through Freedom of Information Act and open records requests.

"A Living Death" features comments from the prisoners’ family members, and in multiple instances, prisoners’ sentencing judges express frustration and outrage at the severity of the punishment the law required. Judge Milton I. Shadur told Rudy Martinez as he sentenced Martinez to life without parole: "[F]airness has departed from the system."

The report includes recommendations to federal and state governments for changes in sentencing and clemency. The proposed policy reforms would help bring balance back to sentencing—crucial steps to reduce our nation’s dependence on incarceration.

"We must change the laws that have led to such unconscionable sentences," said Turner. "For those now serving life without parole for nonviolent offenses, President Obama and state governors must step in and reduce their sentences. To do nothing is a failure of justice."

The ACLU has placed ads online and in print to raise public awareness of the prisoners serving life-without-parole for nonviolent offenses and the larger problem of mass incarceration. Featuring photographs of six prisoners profiled in "A Living Death," the ads will appear multiple times in print and online in such national outlets as Jet, The Nation, The New York Times, USA Today, and The Washington Post.

The report is available here:

aclu.org/fairandsmart