Legal Commentary

Smart on Crime

By TChris

David White Jr., in a Boston Globe op-ed, asks "what is it about our priorities that has us spending more on incarceration than higher education?"

Incarceration rates increased dramatically when the "War on Drugs" was launched in the 1980s. In Massachusetts and elsewhere, strict mandatory minimum sentences were enacted for drug dealing. One of those sentences, for selling any type or quantity of drug within 1,000 feet of a school, annually sends more than 300 people to jail for a mandatory minimum of two years.

What a waste. So is the "zero tolerance" attitude that makes a big deal out of petty crimes.

At the front end of the trial process, the courts are cluttered with the smallest of crimes, such as disturbing the peace or passing a bad check. Because these crimes carry the threat of incarceration, if the defendant is indigent the court must appoint a lawyer at taxpayer expense. If treated instead as civil infractions, with only the risk of fines, the dockets could be cleared, and the legal help could be reserved for more serious matters.

White proposes additional sensible solutions to the mess our criminal justice system has become: (more...)

Eliminate mandatory minimums for drug crimes to allow for parole eligibility.

Ensure meaningful post-incarceration supervision through parole or probation.

Resist calls for new mandatory minimum sentences that tie the hands of prosecutors, judges, and corrections officials.

Support policies that provide and promote drug treatment instead of incarceration.

Fully fund prison programs for treatment of mental illness, substance abuse, and training.

In other words, let's stop posturing about being "tough on crime" and start being smart on crime.

(H/t to this post at Sentencing Law and Policy.)

Full post as published by TalkLeft on April 27, 2008 (boomark / email).