Recently, President Obama visited a federal prison to highlight our country's over-incarceration problem and push for reforming our drug and mandatory minimum sentencing laws. A few days before, he commuted the sentences of 46 individuals convicted of non-violent drug offenses, including two from Louisiana. "The United States," he said, "has 5 percent of the world's population, but 25 percent of its incarcerated population. Imagine," he continued, "the good we could do, the investments we can make if we did not spend so much money incarcerating non-violent offenders."
We represent Bernard Noble, a man sentenced to 13 years and four months for possessing enough marijuana to roll two joints. A dedicated father of seven, Mr. Noble was working full-time and starting a small business at the time of his arrest. The Criminal District Court judge tried to sentence Mr. Noble to far less time, stating he supported his family "through honest employment" and "his record is notable for the complete lack of violence of any kind." Louisiana's sentencing laws, however, limited the judge's discretion. Though details of Mr. Noble's life as a devoted father, son, caretaker and worker were "not contested by the state" and showed him to be "the rare exceptional situation and does not represent the type of individual contemplated by the legislature when assigning sentences," the judge was forced to sentence Mr. Noble to more than 13 years, stating, "this Court believes with all of its heart and all of its soul that this is injustice."
The sentence Mr. Noble received is in fact unjust. Had he been serving a federal sentence, he would have been a strong candidate for commutation by the President. He is, however, at the mercy of Governor Jindal, who recently signed a new marijuana sentencing law, which would have sentenced Mr. Noble to 15 months. That is injustice.
Louisiana has the dubious honor of being the prison capitol of the world. More Louisianans spend their lives behind bars than any other state in the U.S. per capita. These draconian sentences for non-violent drug offenses only hurt Louisiana. Not only are our taxes not spent on critical infrastructures like roads, levies and bridges, but our educational and health systems are shamefully shortchanged. We know the unfortunate prospect of successfully rejoining society after a long prison sentence is poor. Rep. Cedric Richmond recently spoke about our broken re-entry system and how must do more increase services and training and dramatically decrease excessive sentences. He was joined by his conservative brethren in calling for criminal justice and sentencing reform. Democrats and Republicans both wholeheartedly agree we should not spend our tax dollars over-incarcerating non-violent and drug convictions. It's been called senseless, irrational and irresponsible.
As Gov. Jindal hits the campaign trails, he must refine and sharpen his policies on criminal justice reform. He must contemplate whether compassion and mercy are appropriate and just for individuals like Mr. Noble. He must confront Louisiana's multiple offender laws that have exponentially increased Louisiana's prison population. And he must decide if it is a worthy decision to lock up thousands of people simply for possessing small amounts of drugs or battling devastating addictions. A heroin addict convicted for the third time for possessing heroin receives an automatic life sentence in prison without the possibility of parole, and frequently with no treatment whatsoever. Yes, the addicted user.
Bernard Noble sits in prison hundreds of miles away from his young family until 2024. He will miss graduations, birthdays, basketball games, weddings and other milestones in his children's lives. We know his family and our community would be better served with Mr. Noble working and supporting his family. His presence and involvement would certainly fill his children's lives with more love, hope and promise. Continuing to incarcerate Mr. Noble and sentencing non-violent offenders to long mandatory minimum sentences only contributes to our ballooning prison population and the loss of vital human capital to build and sustain our communities. We call for compassion, mercy and justice for Mr. Noble and the many others like him. It's time for us as Louisianans to face these injustices and call for change.