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Mandatory madness

Maryland clings to the injustice of rigid sentencing in drug cases

April 15, 2008|By Ronald Fraser

The JPI report ends on this note: "Maryland's mandatory minimums for drug offenses represent a significant policy barrier to shifting ineffective public safety spending in the form of long prison terms toward a more efficient, treatment-centered approach. ... The state should commit an additional $30 million to substance abuse treatment in 2008 to meet urgent needs in Baltimore and elsewhere in the state."

Elected officials are quick to pander to the whims of the voters. If their constituents want tough-on-crime laws, legislators go for the votes. Judges, on the other hand, are inclined to weigh the facts in a case and seek a just punishment based on the circumstances. And because the circumstances in each case are unique, informed judges are far better equipped than legislators to make sure each offender pays a just price for his or her actions. One-size-fits-all punishments inevitably pervert justice.

America needs enlightened sentencing, not blind uniformity. That's why it is time to get our "sentence-first, verdict-later" lawmakers in Annapolis (and around the nation) out of the courtroom - and let judges do their jobs.

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Ronald Fraser writes on public policy issues for the DKT Liberty Project, a Washington-based civil liberties organization. His e-mail is fraserr@erols.com.

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