Sunday, August 18, 2013

Mandatory Minimum Sentencing, may it stay dead



     The Justice Department has announced that it will no longer pursue mandatory minimum sentencing for certain drug offenses.  This is good news for a variety of reasons. 
Since its introduction in the 1980s, MMS has contributed to exploding prison populations, budgets, and decreasing conditions.  The shortage of prison space and funds has led to the rise of a for profit prison industry, which lobbies hard for the maintenance and expansion of mandatory minimums while housing prisoners who are the responsibility of the state in substandard conditions, reaping profit for incarceration.  Call it my knee-jerk Socialist reaction to privatization, but that’s not the sort of thing we should be incentivizing!
     Mandatory minimums were officially conceived as deterrent to growing drug use.  Clearly this has not worked; since the mid 1980s prison populations have nonupled, spurred by unequal enforcement of the laws and unequal application of even mandated sentences.  Prison has not proven effective at curbing drug problem- it is time to experiment with limited legalization, and begin treating this as a public health matter.  Salt Lake City for one, (hardly a bastion of bleeding heart liberals or whatever the kids are calling us nowadays), has done a lot towards implementing this.  There will always be a problem with encouraging people to seek treatment for a problem that is punishable by law.  Legalization is the best way to cut off funding for criminals, making the streets safer, and maybe even the people healthier. 
     It is also important to remain cognizant of the limits of this action.  Firstly, it will apply only to certain federal cases, leaving the majority of case procedure unchanged, including all at the state level.  Secondly this does not seem likely to have any bearing on those already incarcerated on insignificant drug charges.  Thirdly, barring a change in the law, Mandatory Minimums can be restored at any point, and presumably will be under the next Republican administration.  Still, in short term, there will be fewer incarcerations- how few I don’t know, but it’s an improvement, or at least a mitigation of a serious problem.  Now we need to follow this up with state action along similar lines, and the establishment of decent treatment options.
     And yes, I’ve got to say, my fury at the president’s conservatism is why I started this blog in the first place, and that fury still remains powerful, and I dare say justified.  For the most part, however, law enforcement has been one area where we have seen noteworthy improvement, and however atrocious the president and attorney general’s record on Civil Liberties, I must say
                “Whatever the reasons behind it, nice one, Barack.”  (Can we please have a public works program now?  Or at least nationalize something?)

Solidatität, meine Genossen und Genossinnen

Genosse Graham 

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