I’m
not much of a film critic, but every now and then I see a movie that inspires
me to put my thoughts down into words. Last night, I saw the latest Dwayne Johnson
screenplay “Snitch”, which tells the story of a college bound teen who makes a
poor decision to earn some fast cash and ends up facing a minimum sentence of
10+ years in federal prison. I’m not going to ruin the plot with this post so I
will stick to the issue of mandatory sentencing laws because I think such an
important issue deserves at the very least a public discourse on the matter.
Harsh
prison sentences for violent offenders are appropriate when the punishment fits
the crime. The age-old principle “an eye for an eye” teaches us that a person
who injures another should be punished to a similar degree. Occasionally the
theoretical framework that characterizes our criminal justice system exposes
itself to invariable flaws that deserve correction. FAMM, Families Against
Mandatory Minimums, is an organization that advocates for “fair and
proportionate sentencing laws that allow judicial discretion while maintaining
public safety.” The organization addresses the consequences of the 1986
mandatory minimums for drug violations law and the expansion of those laws in
1988 which applies to drug conspiracies. According to the legislation,
sentencing is determined solely by the weight and type of drug, ignoring other
important factors including the role of traffickers in the movement of drugs.
Given
the inherently diverse nature of illegal activity related to the distribution
of illegal drugs, a one size fits all sentencing law fails to weigh the
specifics of each case in order to apply appropriate sentences. As Justice
Anthony Kennedy puts it, “In too many cases, mandatory minimum sentences are
unwise and unjust.” They are doing little to solve the nation’s war on drugs and
the law has led to a severe overcrowding problem in prisons across the country.
While the law’s intention to capture kingpins in drug conspiracies was enacted
in good faith, it has resulted in placing non-violent first-time offenders
behind bars for decades, while the drug lords responsible for the mass movement
of illegal substances remain free to continue their activities. That simply is
not justice.
FAMM’s
profiles of those adversely affected by the law are available here.
Unfortunately, even one of these cases is unacceptable and its time for
lawmakers to come to the table and reevaluate the effectiveness of minimum
sentencing as it relates to America’s War on Drugs.
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