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Criminal Law

: Sentencing Law and Policy

Should those seeking drug policy reform hope that Michael Phelps gets prosecuted?

By Douglas A. Berman

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Over at Reason, Jacob Sollum and Radley Balko are talking about whether Michael Phelps might get charged with a drug crime in the wake of the picture of his bong hit.  This final point in Balko's commentary caught my eye: [T]he spectacle of seeing a world class athlete like Phelps frog-marched in handcuffs, tried, and given a few days in the county jail might do wonders toward enlightening the public to the fact that the most dangerous thing about marijuana doesn't come from smoking it, but from what the government will to you if it catches you. This sentiment reminds me a bit of all the death penalty opponents who keep hoping to find conclusive evidence that an innocent defendant has been executed.  Balko thus taps into a sad but true aspect of many sentencing law and policy debates: one high-profile case is often an essential catalyst for long-urged reforms.continue to full post

Full post as published by Sentencing Law and Policy on February 05, 2009 (boomark / email).

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