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Using Age, Health, Family Ties for Leniency in Federal Sentencing in NY
Using Age, Health, Family Ties for Leniency in Federal Sentencing in NY
Sentencing someone who broke the law is one of the hardest parts of our justice system. Judges have to balance punishing crime while also showing mercy. New York federal judges now can consider age, health issues and family responsibilities more under a 2018 federal law. This gives judges more flexibility on sentences. It lets them issue less harsh punishments in some cases.
The First Step Act changed things. Judges now look at the whole person. They weigh if age, health or family duties should lower prison time. This is to avoid overly harsh sentences for minor crimes.
What the First Step Act Changed
The First Step Act made big changes in 2018. Before, judges had to give mandatory minimum sentences. Now judges can go lower than the minimums. They can consider age, health, and family duties. This is to avoid unfair sentences.
Say someone commits a minor nonviolent crime. Maybe they are elderly and sick. Or a single parent. Before, the judge had to give a harsh sentence anyway. Now they can give a more fair sentence.
This is especially important for minor drug crimes. Say a young dad sold a small amount of drugs once. Before, he may get 10 years minimum. Now the judge can give probation instead. This lets him stay home with his kids.
How Judges Use Age, Health, and Family
Judges now look at age, health, and family ties. This gives a fuller picture. It helps them give fairer sentences.
Age
If someone is elderly, judges may be more lenient. Prison can be much harder on seniors. An 80 year old shouldn’t get a harsh sentence for minor crimes. Judges now consider age more.
Health
If someone is sick with cancer or other diseases, judges may lower prison time. Inmates don’t always get proper care. So being in prison can worsen illnesses. Judges now look at health issues.
Family Ties
Judges also see if inmates have dependents. Single parents may get lower sentences. This prevents harming innocent kids. Prison means parents can’t care for families. So judges now consider family duties.
What This Means for Fairness
Looking at age, health and family leads to fairer sentences. Prisons should punish but also allow second chances. Locking up the elderly, sick or parents of young kids for minor crimes is overly harsh.
This change was needed. Prisons are overcrowded and costly. Minor drug crimes don’t always deserve long sentences. Letting judges consider more factors helps fix problems.
Of course, violent or major crimes still warrant prison time. But for small nonviolent offenses, alternative sentences are better if the person is old, sick or has kids.
Examples of More Lenient Sentences
Many New York judges now issue more lenient sentences thanks to the law change. Here are some examples:
- A 72 year old man got 6 months house arrest for minor fraud, not years in prison. The judge cited his age and health issues like diabetes and heart disease .
- A single mother got probation instead of 5 years prison for a nonviolent drug offense. This was because of her family duties .
- A 62 year old woman got home confinement, not prison, for a white collar crime. The judge considered her age, health issues, and not separating her from her grandkids .
These show how judges now issue fairer sentences. Prisons are for the truly dangerous, not grandparents, sick people, or parents committing small crimes.
Potential Drawbacks
More lenient sentencing has pros and cons. Some drawbacks are:
- It could lead to more minor crimes by people hoping for leniency.
- Victims may feel its unfair if someone gets a light sentence for harming them.
- Racial biases may still happen. A white parent may get probation where a Black one wouldn’t.
There are concerns to address. But overall this change aimed at more fairness. Prisons should punish but also allow second chances when appropriate.
What This Means for the Future
This change signals a shift away from harsh mandatory sentences. The future may see more alternatives to prison. Things like probation, rehab or home monitoring could expand for minor crimes.
Prisons are crowded and expensive. Many inmates are nonviolent drug offenders or elderly. Alternative sentences for them leave prison beds for serious offenders. This is better for society.
The First Step Act was a big shift. But more reforms are needed. Ending cash bail, decriminalizing minor drug use, and helping inmates rejoin society are important too. This change was one step. There are more to take.
Age, health and family ties won’t determine every sentence. But considering them leads to fairer justice. That benefits all of us.
Citations
https://www.nytimes.com/2018/12/18/nyregion/sentencing-reform-first-step-act.html