The judge who sentenced her to 30 years said his hands were tied. He was forced to lock her up for that long because of a now-defunct mandatory minimum-sentencing regime. If he heard her case today, he’d give her 10 or 15 years, he’s said. The prosecutors in the Portland, Ore., office that charged her agreed that if she were prosecuted today, she’d almost certainly get a sentence shorter than the 20 years she’s already served.
Thousands and thousands of people like Scrivner are serving punishingly long sentences in federal prison based on draconian policies that were a relic of the “tough on crime” antidrug laws of the ’80s and ’90s. Thirty years after skyrocketing urban violence and drug use sparked politicians to impose longer and longer sentences for drug crimes, America now incarcerates a higher rate of its population than any other country in the world. This dubious record has finally provoked a bipartisan backlash against such stiff penalties. The old laws are slowly being repealed.
Now, in his final years in office, Obama has trained his sights on prisoners like Scrivner, and wants to use his previously dormant pardon power as part of a larger strategy to restore fairness to the criminal-justice system. A senior administration official tells Yahoo News the president could grant clemency to “hundreds, perhaps thousands” of people locked up for nonviolent drug crimes by the time he leaves office — a stunning number that hasn’t been seen since Gerald Ford extended amnesty to Vietnam draft dodgers in the 1970s.