New Year, New Administration, More Clemency

John Forte left federal prison in Fort Dix, New Jersey on December 22, 2008, just in time to make it home for the holidays and the New Year. The gift of his freedom came in the form of a commutation from President George W. Bush. Forte, a first-time, nonviolent offender and former Grammy-winning musician and producer, was spared from the remaining seven years of his 14-year sentence for trafficking cocaine.

Forte and the musical community that supported him, including myself, were thrilled by President Bush's decision to grant him an early release. Forte's musical talent got him into Phillips Exeter, where he befriended Ben Taylor and his mother, Carly Simon. Forte earned critical acclaim working with platinum recording artists the Fugees, but he fell on hard times when his highly anticipated debut solo album failed to sell. An opportunity arose to make some easy money, and Forte foolishly took it. When he was busted with cocaine, he learned the hard way about our nation's draconian mandatory minimum sentences. He received a mandatory prison sentence of 14 years.

For those of us working in the music industry, particularly in high-priced New York City, we know how tough the life of an aspiring musician can be. It certainly doesn't excuse Forte's conduct, and his deep remorse for his poor decision helps justify President Bush's grant of mercy. But mandatory sentences of 10 years, 20 years, or even life in prison for nonviolent drug crimes are irrational and totally ineffective. Many violent offenders do not even serve this kind of time.

Groups ranging from the U.S. Sentencing Commission to Rolling Stone have called for mandatory drug sentencing reform for years. It is no secret that many in the entertainment industry have struggled with drugs. Yet most musicians, from Keith Richards to Whitney Houston to Elvis to the Beatles, have not been slapped with the kind of sentence Forte received -- at least, not yet. Many former drug users in the music industry have been lucky enough to receive treatment and go on to produce some of the greatest and most popular music ever made.

Forte was not so lucky and paid a high price for his nonviolent and youthful mistake. But he is fortunate to be one of only 9 people in the last 8 years to have an excessive sentence cut short by the President. The only president whose clemency record is worse is George H.W. Bush.

Yet thousands in prison -- many with stories similar to Forte's, minus Phillips Exeter and working with musical legends -- still seek clemency each year. With no parole, clemency has become the only way out of a sentence that doesn't fit the crime or the individual. With the need for clemency so great, and plenty of reasons to justify its use, it is a travesty that commutations have become virtually nonexistent.

President Bush has just days left to establish his legacy as a compassionate conservative by granting more clemencies. But with 25,000 new drug offenders entering federal prison each year, and a national prison population of over 2.2 million, we need more than clemency to address our problems. President-elect Obama ran on a campaign promise of change. He can begin by using the pardon power generously to correct as many individual cases of injustice as possible. Then, he should call on the new Congress to fix the inhumane mandatory sentencing laws that create the need for clemency in the first place.

Jason Flom is president of Lava Records, a division of Universal Music Group, and a board member of Families Against Mandatory Minimums (FAMM).

Comments

[pisces9]

First of all, congratulations to Mr. John Forte on his clemency. I personally agree that the laws for first time offenders without an criminal record for nonviolent offenses are too harsh. What is a man to do when his child is hungry and no one wants to hire him to be able to provide for his family? No, it is not right to commit illegal crimes but the situation about harsh drugs laws is not right either. There are people who actually go out and commit violent crimes and get an lesser sentence than those who sell drugs. Is that the right thing to do? No. People who oppose the laws being changed needs to open up their eyes and take a good look around because if their loved one was behind bars for selling drugs without a criminal record and they were sentenced to 14 years in a federal prison, they too would disagree with the sentencing. I pray that President-elect Obama and the new Congress changes the mandatory sentencing law and declare clemency to those who deserves it.

[thunderage]

I'm not familiar enough with John Forte's specific case to make a comment to his directly, however, you make mention that he was convicted of trafficking cocaine.

Perhaps people on the inside of your industry feel like drug use and trafficking is okay. In the real world... it isn't okay. It's illegal.

There are reasons for the laws against what this guy did to get him convicted. How many people are addicted because of John? Did anyone lose their job because of what he did? Did anyone die? How many others ended up in prison because they got their cocaine from him? The guy messed up and got caught.

Granted, he was convicted of a presumed non-violent crime but he broke the law... a law that common sense and most elementary school age kids could tell you is illegal and will land you in prison.

Bush was more than generous with the pardon... however, I'll choose to use Forte's case... along with the thousands (assuming your numbers are accurate) of other cases as examples when I'm telling my kids why they shouldn't use or sell drugs.

[iblogleft]

First we must educate ourselves on the issues, then teach our children.

You, really need to get educated on the subject.

Chances are, it the medicine cabinet full of legal drugs that will take down your child and be the "gateway" to unregulated "illegal drugs."

When you allow someone else to control a commodity, you cannot makes the rules on who the commodity is legally sold too. The mere illegality of the commodity tells you that you are willing to give up the regulation that comes with decriminalization. Should they be regulated at other medicines and recreational drugs, regulation, control, taxes and education curb abuses in children. It is proven time and time again.

You have enabled the very access to drugs that you are so afraid of, so do not talk too me about your kids.

[thunderage]

With all due respect, reading your use of the word "too" makes me wonder why it's my education that is in question.

Look, we can argue the pros and cons of just about everything illegal. And while you choose to fight the system about what you feel is right or wrong or what studies prove over and over to be right or wrong... the fact is that you can still go to jail for selling drugs.

Who knows... perhaps your blogging from a jail cell right now.

Bottom line is that whether you agree with a law that you break or disagree... common sense dictates that while it's still illegal you really shouldn't do it.... and if you do... you absolutely deserve the consequences of your own stupidity or denial. And I'll be the one shaking my head from outside the prison walls and making an example of you too. ( the correct use of the word too, by the way.)

[freddie7]

It says a lot about our justice system when nonviolent first time offenders are serving sentences longer than violent offenders. We need to get rid of mandatory minimums and President Bush needs to grant more clemencies. These people do not deserve to be in prison that long!

[MercyGirl]

Granting clemency is good for America, and I hope President-elect Obama will show lots of mercy during his time in office. Granting clemency rewards rehabilitation, corrects injustices, recognizes that people and circumstances change, and creates the opportunity to have a public dialogue about crime and punishment in our country. The President-elect should make his pardon power work for him, not against him, use it a lot, and explain his decisions to the public so that they understand that the real problem is our nation's nonsensical sentencing policies. We need to move past the "tough on crime" rhetoric and start talking about getting "smart on crime."