Jewish World Review March 4, 2003 / 30 Adar I, 5763

Dan Abrams

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Michigan backing off of mandatory minimum sentences for certain drug crimes


http://www.NewsAndOpinion.com | It's lot easier for politics to say I'll be tough on crime, put the criminals away than to recognize a system is just too draconian.

BUT WHEN it comes to minor drug infractions- possession, intent to sell, small amounts, the punishment just have not fit the crimes in many states.

In Michigan, a first-time offender caught with 50 grams of narcotics or cocaine, would have to serve at least ten years, more than many rapists or robbers.

Sometimes so-called "mules," low level drug transporters, serve more time than the kingpins.

Why? Because the only way to reduce the sentence is to provide information. The mules don't have to provide, the kingpins do.

Now as many as 700 first time non-violent drug offenders in Michigan will be eligible for parole early under a new law there.

That doesn't mean they get out. It means the authorities have some discretion. They can evaluate whether the person deserves to be released early.

The problem with mandatory minimums in these cases is it removes the judge's authority to evaluate the situation. Say that a drug leader with X amount of drugs is more culpable than, let's say, his girlfriend, caught with him, who he was beating on a regular basis.

If we're going to impoverish many states because of it, I'd rather see the prisons crowded with repeat offenders or violent criminals than with small time and first-time drug offenders.

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JWR contributor Dan Abrams anchors “The Abrams Report,” Monday through Friday from 6-7 p.m. ET on MSNBC TV. He also covers legal stories for “NBC Nightly News with Tom Brokaw,” “Today” and “Dateline NBC.” To visit his website, click here. Comment by clicking here.

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