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1996-05-06
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Date: Wed, 10 May 1995 18:26:48 -0500
Message-Id: <9505102326.AA22278@dsm6.dsmnet.com>
To: drctalk-l@netcom.com
From: carlolsen@dsmnet.com (Carl E. Olsen)
Subject: Just Say No To the War on Drugs
COMMENTARY * CHRISTOPHER FREEMAN
JUST SAY NO TO THE WAR ON DRUGS
Harsh sentences for small-time dealers
and users have gotten us nowhere
In the coming weeks, Governor Terry Branstad will have the opportunity to
sign a bill requiring those convicted of a second forcible felony to serve
at least 85 percent of their maximum sentences.
Buried in that common piece of legislation, however, is a far more
interesting decree, one that might be called an apology, or an admission of
guilt. The bill would waive mandatory minimum sentences for non-violent
drug offenders.
Here in Iowa we like to believe that knee-jerk solutions to serous
problems are the excepfion rather than the rule. We like to believe that we
have the decency to face our problems rather than lock them away.
But things aren't always as they seem.
Mandatory minimum sentences essentially take the judicial system away
from the judges and the penal system away from the wardens. If you're
convicted of a crime that falls under the mandataries umbrella, you serve
whatever time the Legislature established. No good behavior, no parole.
But what looks good on paper often fails in practice. A young offender
with inadequate representation and a clean record is convicted of a
non-violent drug offense, and thrown into prison with no incentive for moral
development. As he rots, violent criminals come and go; nobody dares
mention he would've been better off raping, robbing or murdering.
The most recent wave of mandatory legislation began in the early '80s.
Our leaders decided that drugs -- not poverty, insufficient education, etc.
-- was the root of crime. With TV commercials, bumper stickers, T-shirts
and key chains, they sold it better than Leo Burnett selling Marlboros.
Everybody knows if it's on TV it must be true.
If a public servant vows to get tough on crime, make the streets safe
for our children again, put criminals behind bars where they belong, who'll
disagree? It looks good on the evening news, it's sage, and from Council
Bluffs to Keokuk we buy it.
But mandatory minimums didn't appear out of nowhere. They're
symptomatic of the unstable social and political climate we've created with
the War on Drugs. Fear and paranoia have conquered rational discourse.
Never mind that Iowa has the lowest rate of rape and second lowest
murder rate in the nation.
Never mind that Iowa's violent crime rate has always been comparable to
those of the more civilized European nations.
Never mind that experts estimate that 6 to 8 percent of all violent
criminals are responsible for 60 to 80 percent of violent crime.
As it turns out, the drug war meant we'd spend billions of dollars,
ignore the Constitution, drive good judges from the bench with insanely
misguided laws, fill the prisons with small-time dealers or abusers who
might simply need treatment. And, in the end, improve nothing.
According to the Justice Department, from 1982-'92 the average length
of federal prison sentences for drug offenders increased by about 50
percent. The average sentence for violent offenders actually decreased by
about 34 percent. In 1992, the average drug offender's sentence was six
months longer than the average rapist's.
In Iowa, the rate of prisoners sentenced over the last 20 years has
risen by about 285 percent -- a rise equal to the national average despite
far less crime.
Is that justice? No, that's the mandatory minimum, the latest casualty
in a long, banal line of politically popular solutions. Perhaps someday we
the people will decide that we want a more perfect union. For now, however,
poverty grows, public schools get worse, prisons pop up like Wal-Marts and
we pay the price -- in every way.
Let's hope Branstad has the guts to be "soft on crime."
Christopher Freeman is a freelance writer who lives in Ankeny.
CITYVIEW 4 MAY 10, 1995
Cityview is a weekly newspaper published by Business Publications
Corporation, an Iowa corporation. Executive and editorial offices: The
Depot at Fourth, 100 4th Street, Des Moines, Iowa 50309, (515) 288-3336, FAX
(515) 288-0309.