Like thousands of incarcerated women, Kemba Smith was a victim of domestic violence at the hands of her boyfriend Peter Hall. Over the course of their relationship, Ms. Smith was repeatedly abused and feared for her and her family’s safety. She witnessed some of Mr. Hall’s illegal activity and was subsequently held accountable for his actions after he was murdered.
Although Ms. Smith never sold or used drugs, federal prosecutors charged her with conspiracy to distribute cocaine. And because of the harsh federal sentencing laws in effect at the time, she was sentenced to 24 ½ years in prison without the possibility of parole despite being a first-time, nonviolent offender who was seven months pregnant.
Ms. Smith’s case exposed the irrational and unfair nature of federal mandatory sentencing standards, which prevented federal judges from considering the individual circumstances of each accused person, including whether they had any prior convictions. And they restricted any consideration of important mitigating factors like domestic violence, which were central to Ms. Smith’s case.
The Legal Defense Fund (LDF) became involved with Kemba’s case after learning the injustices she suffered. It was clear to LDF that the one-size-fits-all sentence she received ignored important mitigating factors and was wholly disproportionate to her offense. LDF challenged Ms. Smith’s sentence and, alongside her family, developed a public education campaign to expose the injustice of excessive sentences for individuals with abusive or deprived circumstances.
In 2000, LDF successfully obtained clemency for Ms. Smith, who was released after serving six and a half years of her prison sentence.