Legal Commentary

Cameron Douglas Sentenced to Five Years in Meth Case

By Jeralyn

Cameron Douglas, son of actor Michael Douglas, was sentenced to five years for selling methamphetamine today.

He was facing a ten year mandatory minimum, but with a motion from the prosecutors to depart due to cooperation in the investigation or prosecution of others, the judge was able to go below it. (The motion is not public, nor are the details of his cooperation. All references to cooperation have been blacked out from the pleadings and letters, with the Court's approval.)

Once the Government files that motion, the court is free to depart as much or as little as it wants, and to take into consideration other factors, such as his addiction, his commitment to changing his life, the pleas of family members, etc.

Without that motion, the court's hands would have been tied. Ten years would have been the minimum, even, for example, had there been evidence Cameron Douglas marched into a burning building and rescued a dozen children from perishing.

Mandatory minimum sentencing laws need to be repealed. At a minimum, they should be amended so that judges are free to depart on their own motion, not just on the Government's motion. Snitching should not be a prerequisite.

Full post as published by TalkLeft on April 20, 2010 (boomark / email).