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DrugScreening.org


 

Poll: 60 Percent of Public Against Mandatory Minimums
September 25, 2008

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News Summary

Sixty percent of Americans now oppose laws mandating minimum prison terms for nonviolent crimes such as drug possession, the Christian Science Monitor reported Sept. 25.

A poll commissioned by the advocacy group Families Against Mandatory Minimums (FAMM) found majority opposition to such laws regardless of political party affiliation. A stronger majority -- 80 percent -- said courts, not legislatures, should make the sentencing decisions.

Mandatory minimum sentencing laws date back to the crime reforms of the 1980s, when lawmakers began requiring courts to impose long sentences for drug possession, especially for crack cocaine. Opposition to mandatory minimums has often focused on sentencing disparities for crack cocaine versus regular cocaine or other drugs, which critics say is unwarranted by science and has disproportionately impacted racial minorities.

"The public is ahead of the politicians on this," said Julie Stewart, president and founder of FAMM. "This is a message members of Congress haven't heard ... As a country we believe in individualized justice." In a report published with the poll results, FAMM pointed to increased criminal justice costs due to longer prison terms and said there is no data showing that mandatory minimums actually reduce drug crime.

Many law-enforcement officials and organizations, including the Fraternal Order of Police (FOP) and the U.S. attorney general, strongly support mandatory minimums, however. Jim Pasco, executive director of the FOP, said the laws are an important crime deterrent. "Nothing focuses the mind on consequences like knowing that you're going to get, for instance, a five-year minimum sentence," he said. 

COMMENTS ON THIS ARTICLE:

Posted by Joaquin@ Stonehill on 02 Oct 08 03:30 PM EDT
I agree and disagree with Wayne@Stonehill. I agree with his statement about the fact that mandatory minimums do not scare or would make an addict stop using illicit drugs. Addiction is a mental disease and no matter now much we think that we can use scare tactics shape people's behaviors it simply does not work. Addiction has to be treated at the source and that starts with psychological/social help. I disagree with Wayne@Stonehill when he stated that there should be mandatory minimums for other drugs. Yes it is very obvious that some drugs are more addicting than others, but people are curious, which means that they would dabble and try some of this other more powerful drugs. If one of these individuals is caught for a first time offense is it really fair for him/her to serve years in prison for trying or experimenting with that drug. It would be like saying we should set mandatory minimums for individuals who dabble with underage drinking. Remember that is still illegal yet people tend to forget that and do not treat alcohol like the DRUG it really is.

Posted by Swizinger on 02 Oct 08 05:13 AM EDT
Well I was lucky in that I didn't have to go to prison, I was placed in county jail and given a chance at treatment. I do agree that the prospect of prison time did have a role in my decision to seek treatment, but really I was tired of the life I was living. I guess what I am trying to say is that we should be giving addicts who are convicted of simple drug possession charges a chance at treatment before locking them away for years in prison.

Posted by AshleyC@Stonehill on 30 Sep 08 09:16 AM EDT
Yes, but swizinger, how is it that you realized these damages being done to you from being addicted? Wasn't there something effective about being in prison that made you stop and think? Yes, I'm sure in terms of continuing your habits, the thought of prison was not in your mind. But you have to think, what triggered your brain to say, "hey, I need to stop what I'm doing and change my life." Yes the idea of prison may not have stopped you from using, but isn't it possible that being in prison, and not being able to be around the ones you love, and seeing others struggling the way that you were possibly change your outlook on life? Of course, I believe that past history and the drug of choice should play a role in terms of sentencing, but I do believe that prison is a sure eye opener for many. At least there is a small chance that prison could change your view and outlook on life, at least a better chance than if nothing is being done at all.

Posted by Wayne@Stonehill on 26 Sep 08 11:07 AM EDT
Mandatory minimum sentencing does not scare addicts into sobriety as the article suggests, but it does take the offender off of our streets. One problem with mandatory minimums is that they do not take into account the offender's past. There is a difference between catching a repeated drug offender with marijuana on him and catching a man with a family who has a clean past with marijuana on him. But, I feel that marijuana is the exception, and there should be mandatory sentencing for other drugs, despite the offender's past. The offender can then receive treatment while in prison. And although having sentencing disparities between crack cocaine and other drugs may disproportionately impact racial minorities, there is a difference in addictive potential between drugs, and thus there should be a difference in the penalties.

Posted by Mi on 26 Sep 08 10:04 AM EDT
At a the level of social change, punishment just doesn't change behavior. I agree with swizinger.

Posted by swizinger on 26 Sep 08 08:16 AM EDT
When I was in my addiction nothing would stop me from using drugs. I knew that getting caught meant I would most likely go to prison for multiple years, that was not enough to stop me. What finally made me stop was seeing the damage it had caused to myself and the people around me and also because I was given a chance to enter treatment by the criminal justice system. We need to focus our money on mandatory treatment not sentence!

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