Mandatory Sentencing Reconsidered

01.20.04 | Cathryn Crawford

[tpaine]

Cathryn Crawford; we blame the problem on the liberals.

I beg to differ. The min/mans for stiffer Fed crack laws for instance came from a broad chorus of everyone from the Judge Roy Bean types to uber-liberal black mayors rattled by the ensuant crime waves and accelerated inner city social crumbling.

The chorus of cries came because judges were reacting to the insanity of the 'war'.. They were in effect nullifying crazy 'laws', just like juries do..

Min/Mans have worked. Problem is: They are not fair, but then again neither is a fruitcake judge in SF giving a dealer a walk and some hardnose in Ohio giving the maximum for the same crime. That said, when drug dealers/smugglers of any size whether violent or first timers are frequently given sentences without parole that are twice what many murderers and rapists on state charges recieve...we have a problem....since 1987. I confess to not having the answer btw.

The 'answer' is obvious.. End the war and regulate drugs like booze..

[wardaddy]

Aside to maximum decriminalization of pot...which I have not smoked in two decades btw...neither do I drink hardly.

...I am not an end the drug war libertarian (u already knew that)

But, some sort of waiver or release clause for first time and peripheral offenders is surely justified.

[supercat]

The "mandatory sentencing" and "three strikes" laws were intended to help solve at least half of the problem of judges and prosecutors repeatedly showing leniency toward dangerous criminals while throwing the book at comparatively harmless ones. Unfortunately, prosecutors and judges can now use the laws to throw the book even harder at comparatively harmless criminals while they figure out ways to bend the rules to let out the dangerous ones.

After all, governments need crime. Without crime there'd be no excuse for more gun control or other police-state intrusions.

[optimistically_conservative]

Well, it did decrease in the nineties - why is it increasing now?

My understanding is that it continues to decrease. In fact, Butterfield at the NYSlimes is (in)famous for his “Crime Falling, Yet Prisons Still Filling,” columns.

FBI Stats

[supercat]

BTW, oftentimes the real problem is 'plea bargaining'. Excellent way to punish the innocent while freeing the guilty.

[William McKinley]

I concur. Good piece.

[gatorbait]

Cat, good and thoughtful article. I recall this judicial tool came about at a time when crime seemed out of control. The lock 'em up and throw away the key attitude was hardening and was, at the time , roundly applauded. The unintended consequences were just glimmers on the horizon but they were there. You point out, rightly, that some of the penalties handed down are disproportionate, but the follow the rule. No discretion allowed. Now, this does not mean I think criminals should be given a hug and a kiss before sent on their way, but I do think this subject is well overdue for a revisit.

Great article, pretty Cat.

[Lawgvr1955]

Anyone who thinks the Guidelines have made across the board sentencing "uniform" is delusional. I live in a rural federal district which has the highest average sentences in the country and the judge with the lowest rate of downward departures. The average sentence in my district is over twice the national average. The crime here is no different than in other rural districts and certainly less violent than in more metropolitan districts. The only answer to why the sentences are twice the average is the mindset of the US Atty and the judges.

Perhaps your district is different, but from my experience the guidelines have failed miserably in bringing "equity" to criminal sentencing.

That being said, the guidelines are here to stay, no one will risk the "soft on crime" claim against them even if the subject were revisited.

[Dan from Michigan]

This is a catch 22.

The problem before is multiple offenders. We had a notorious child molestor and serial killer about 15 years ago that roamed my county and Oakland County next door. He was busted once before, I believe for murder.

Another murderer was let out and moved in my county.(and was driven out) It's stuff like this that started the 3 strikes and similar statutes in the first place.

On the same note, you have nonviolent drug users getting life sentences. Michigan was well known for the 750 lifer law. 750 grams of cocaine - automatic life sentence.(Engler actually repealed it)

In my state, judges are elected. The best thing IMO is for judges to have to face the people. Liberal judges who let Alfieros out need to get the boot. Unfortunatly, we don't do that enough out here. Discretion is important, and too many judges abuse it.

Another thing needed is for the feds(whose judges are lifers) to get pushed back out of areas that should be in state juristiction. I remember a COPS epidose when a certain amount of drugs was found. "This one we're going federal!!!".

[E.G.C.]

BTTT!!!!