The safety valve will help in terms of reducing the amount of litigation that is then focused on hypothetical scenarios, because the safety valve itself is saying that when you're imposing something less than the mandatory minimum sentences is when that mandatory minimum sentence would be cruel or unusual as applied to that offender. The way things were working prior to the safety valve is that the courts could come up with a hypothetical and then use that hypothetical offender who wasn't before the court, and that offence being committed in that way that also wasn't before the court, to say in that circumstance this sentence would be excessive.
What we see is that the cases where the mandatory minimum sentence, or where a court is imposing less than mandatory minimum sentence.... It's not that often. When it does happen, there are some extenuating and exceptional circumstances that exist.
