mr. chairman , i yield myself such time as i may consume . 
i rise in support of my amendment . 
mr. chairman , the gentleman from virginia ( mr. scott ) xz4003641 and i have offered an amendment that would strike all of the mandatory minimum sentences in h.r. 1279 , the gang deterrence and community protection act . 
the mandatory minimum sentencing requirements found in sections 102 , 103 , 104 , 105 , 106 and 107 are simply not the answer to gang deterrence . 
mr. chairman , all of us know that mandatory minimum sentencing has not worked , and it does have a huge disproportionate impact on minorities . 
just to name a few statistics , african-americans only comprise 12 percent of the united states population ; however , they comprise a staggering 58 percent of all prisoners incarcerated under federal mandatory minimum sentences . 
there is something wrong with this picture . 
mandatory minimums are not even effective in deterring crime . 
their only proven result is in driving up our prison populations , resulting in overcrowding and the need for the creation of more prisons . 
increasing prison populations is not the solution to the prevention of crime in our communities , even communities infested with gang crime . 
mr. chairman , mandatory minimums also impede on the role of our judges . 
we need to let judges be judges and ensure that they have the discretion to sentence criminal defendants in a manner that takes into account all of the facts and circumstances that are presented before them . 
clearly , this must include an evaluation of any mitigating circumstances , such as the defendant 's childhood experience , especially if the defendant is a juvenile ; the mental state of the defendant ; the role that the defendant played in the commission of the crime ; the mental capacity of the defendant ; the crime committed ; whether force or a firearm was used during the commission of the crime ; and whether a victim lost his or her life and was seriously maimed as a result of the crime . 
the mandatory mr. chairman , to be tough on gangs , we must focus more on gang crime prevention . 
we need to implement more effective prevention tactics that focus on both individuals at risk of joining gangs and on former gang members at risk of rejoining a gang after being released from prison . 
also , educational and rehabilitation programs for communities with gangs that have a high crime rate need to be implemented . 
we should focus our attention on what works . 
i urge all of my colleagues to please support my amendment and to strike all of the mandatory minimum sentences included in h.r. 1279 . 
mr. chairman , i reserve the balance of my time . 
