BY IRIS B. HOLTON
Sentinel City Editor

U. S. Attorney General Eric Holder made the following comments during his speech at the Annual Meeting of the American Bar Association’s House of Delegates:

“This means that federal prosecutors cannot — and should not — bring every case or charge every defendant who stands accused of violating federal law. Some issues are best handled at the state or local level. And that’s why I have today directed the U. S. Attorney community to develop specific, locally-tailored guidelines — consistent with our national priorities — for determining when federal charges should be filed, and when they should not.

“…I have directed all U. S. Attorneys to create — and to update — comprehensive anti-violence strategies for badly-afflicted areas within their districts. And I’ve encouraged them to convene regular law enforcement forums with state and local partners to refine these plans, foster greater efficiency, and facilitate more open communication and cooperation.”

A. Lee Bentley, III, Acting U. S. Attorney, for the Middle District of Florida said, “Our Office is currently studying the guidance offered by the Department of Justice, to determine how to best proceed with our cases.

The Middle District of Florida is the second largest in the nation in terms of population; 16th in terms of attorneys. We try to apply federal law [minimum mandatory statutes] to those cases where it is evident that an individual poses a danger to the community through violent behavior, drug trafficking, or habitual criminal activity.

“We will continue to work with our various law enforcement partners on the local, state, and federal level to determine the best application of the law.”

Mark Cox, spokesman for the Hillsborough County State Attorney’s Office said, “The mandate won’t affect us directly, because we still have state laws.”

Attorney Edwin Randolph said, “My thoughts on Atty. Holder’s comments are that they have been a long time coming. Federal minimum mandatory sentencing laws, particularly those pertaining to possession of narcotics, have negatively afflicted the African American community since the 1980s.

“The U. S. Attorney’s Office would prosecute simple drug crimes on the federal level without properly evaluating the effects on Black neighborhoods, especially when it came to depriving households of male figures.

“I am encouraged that policies are now being implemented to ensure that the proper discretion is exercised when making charging decisions. Consequently, the states will have an increase in their caseload of drug offenses. However, defendants will face much lighter sentences compared to what they would have encountered on the federal level in light of Attorney General Holder’s new strategy.”

State Senator Arthenia Joyner, who is also a practicing attorney said, “Attorney General Holder is correct in saying that the war on drugs has been a failure. With one of the highest prison populations in the country, Florida needs to rethink the way we treat non-violent petty drug offenders.

“Obviously, the only “success” we’ve seen from the traditional “lock ‘em up” approach is for the bottom line of the private prison industry. Prison punishment for drug offenders should be reserved for high-level violent drug offenders with ties to organized crime and cartels. Our tax dollars could be better spent on more effective programs for minor offenders, as I’ve long advocated.”

Attorney Grady Irvin, Jr., said, “It is something that is certainly long overdue. The impact of the current sentencing structure not only impacts the inmates serving the sentence, but also their families.

“However, it is important to not lose sight that illegal conduct does warrant punishment that will hopefully curve recidivism. So with that in mind, it should not be considered as a pass or get out of jail free card.”

Attorney Barbara Arnwine, President and Executive Director of The Lawyers’ Committee for Civil Rights Under Law said, “We applaud Attorney General Eric H. Holder, Jr.’s historic and game-changing announcement that the Justice Department will no longer seek severe mandatory sentences for low-level nonviolent drug offenders with no ties to gangs or large-scale drug organizations. This common sense, instrumental approach to drug enforcement and criminal justice is an important step toward addressing unconscionable racial disparities in the federal justice system.”