Barack Obama, who shortened more prison sentences than any other president in U.S. history, has been replaced by a man who views that record of mercy as evidence of dangerous laxity. Donald Trump’s criticism of Obama’s commutations not only suggests he will be much less inclined to use his clemency power but also casts doubt on the prospects for much-needed federal sentencing reforms that not long ago seemed to be on the verge of passing with bipartisan support. And Trump’s pick for attorney general, Sen. Jeff Sessions (R-Ala.), criticized Obama’s commutations in even stronger terms, calling them an “unprecedented” and “reckless” abuse of executive power. Sessions, who is expected to be confirmed soon, said Obama was “playing a dangerous game to advance his political ideology.”
Like Trump, Sessions conflates drug offenders with violent criminals, notes Jacob Sullum. Trump, who ran on a “law and order” platform and at his inauguration last week promised to end the “carnage” caused by “crime and gangs and drugs,” seems inclined to take his cues on criminal justice from his attorney general. That would be a mistake, warns Sullum, because an indiscriminately punitive approach is not only unjust but inefficient, undermining public safety by wasting resources on imprisoning people who pose no real threat.
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