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Hello, my name is Angela Ward. I have a loved one incarcerated in the federal prison system with a sentence enhanced by the 851. Upon discovering the criminal justice system’s dirty little secret, I decided to stand up and speak out to end the injustice created by federal prosecutors. I am committed to raising public awareness to end the 851’s destruction on our nation’s vulnerable citizens (those battling addiction) by removing it from the hands of federal prosecutors. 

A 10 year sentence should never become a 20 year sentence for a nonviolent offender. Addiction is a mental illness and should be treated with relentless rehabilitation. Families devastated by addiction are left in ruins after a federal prosecutor files the 851, stripping away their quality of life.

Congress intended the 851 for violent offenders and leaders of drug cartels, ensuring the harshest punishments for those who deserve it most. Attorney General Eric Holder posted a memorandum in 2013 reminding federal prosecutors of Congress’s intention when enacting the 851, but prosecutors continue to ignore this policy statement by filing the 851 on non-violent, low-level offenders because they realized they can avoid going to trial by scoring plea agreements with the fear of an excessive prison sentence. Trials in the United States are now rare (only 3%). 

Under the veil of “equal justice under law”, prosecutors’ arbitrary application of the 851 lacks transparency. One federal district may never file the 851 on offenders with prior offenses while other federal districts always apply the 851. Unregulated, there is no rhyme or reason, nor is there explanation for a prosecutor’s discretion. This injustice continues to escape the public's attention - UNTIL NOW!

Congress, the Judiciary Branch, the President, and the Attorney General are doing nothing to correct the injustice created by federal prosecutors. The First Step Act (FSA) was a miracle. However, it minimally addressed 851 when the penalty was lowered from 20 years to 15 years. Offenders sentenced before the FSA was enacted (December 2018), thousands of nonviolent offenders and their families, were left behind by the non-retroactive law.

Furthermore, the 851 infringes upon offenders’ constitutional rights, specifically, the 5th Amendment. This amendment of the Constitution provides, "No person shall be held to answer for a crime, unless on a presentment or indictment…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor be deprived of life, liberty, or property, without due process of law…”

The Double Jeopardy Clause within this amendment aims to protect the defendant from the emotional, psychological, physical, and financial troubles that would accompany multiple trials for the same alleged offense. Courts have interpreted the Double Jeopardy Clause as accomplishing this goal by providing the following three distinct rights: a guarantee that a defendant will not face a second prosecution after an acquittal, a second prosecution after a conviction, and will not receive multiple punishments for the same offense. 

The moment a prosecutor files a case number pursuant to the 851 on an offender's new case, their constitutional rights are violated because they are facing a second prosecution for a prior offense for which they have already been prosecuted and punished for, and by increasing the sentence, the offender is punished a second time for their prior conviction.

Additionally, the 851 violates constitutional rights because it punishes the offender for their risk of reoffending. Here, the individual is punished for crimes they might commit in the future. The 5th amendment of the Constitution clearly states, "No person shall be held to answer for a crime, unless on a presentment or indictment…nor be deprived of life, liberty, or property, without due process of law…”