Three branches of government have recognized that old sentences imposed for crack vs. powder cocaine were unjustified on the basis of seriousness of the offense. Therefore, sentencing guidelines for crack were cut deeply in 2010, but they neglected to make it retroactive.
Over 5,000 prisoners have been imprisoned far longer than the new rules require, but have not yet fulfilled their original sentences. Under principles of fairness and our abhorrence of “cruel and unusual punishment,” these prisoners have earned release, and their families need them home.
President Obama should apply the approach President Ford employed for draft evaders in 1974: commutation, pursuant to a process of careful review of each case.