Sunday, July 20, 2014

Drug Sentencing: Does the Punishment Fit the Crime?

By: Jordan Rande
Sunday, July 20, 2014

Source: Chicagocriminallawyer.com

In the past 30 years since the “war on drugs” began and the harsh sentencing imposed on non-violent drug offenders was enacted, the prison population has exploded.  The rate of drug abuse and addiction has not improved despite the continued effort to make the problem go away by arresting and imprisoning as many drug users as our prisons can hold.    

Recent data from the U.S. Department of Justice indicates that more than half of the prison population is serving time for drug related offenses. Taxpayers spend billions of dollars a year on prison systems that are overcrowded and serve as a breeding ground for thugs and gangs. Many people that enter the prison system become more harmful to society than before they entered. The CRC Health Group, a drug treatment center, wrote that “statistics reveal many addictions usually grow in prison. With no treatment available and drugs easily obtained, how can we expect our prison population to achieve or maintain sobriety?”[1]

Society can no longer pretend that overcrowded prisons that lack rehabilitation services are the answer to nonviolent drug offenses.  It is time to admit that drug use cannot be controlled by punishment. Most drug crimes are committed by addicts, which are people who are self-medicating for depression or suffering from a mental illness. Others are just unlucky people making the wrong choice, in the wrong place, and at the wrong time.

I don’t support the use of illegal drugs, but it seems ridiculous to put someone in prison for selling a few pain pills to a friend or be sentenced to life in prison for non-violent marijuana offenses. Prisons should return to their primary role of incarcerating violent criminals who commit murder, robbery, rape, assault, and child molestation

I believe treatment, rehabilitation and probation services are the key to dealing with non-violent drug offenses. The State of Texas has been successfully following this philosophy since 2007 when they rejected a proposal to build eight prisons, but instead shifted non-violent drug offenders into alternative treatment programs. Since then, the State of Texas has saved nearly $2 billion dollars and the incarceration rate has dropped by nearly 20%.[2]

A recent poll conducted by Pew Research Center reports that the attitudes of Americans towards drug related crimes may be shifting towards this philosophy as well.  Two thirds of Americans polled would like to see illegal drug offenders enter programs that focus on treatment and rehabilitation rather than incarceration.[3] 

As part of this evolving change in public opinion, the U.S. Sentencing Commission voted in April of this year to lower the federal drug sentencing guidelines. This will go into effect on November 1st as long as Congress doesn’t take action to stop this amendment.  On Friday, July 18th the Commission voted to retroactively apply this amendment in order to shorten sentences for tens of thousands of people who are currently serving prison time for drug offenses. This will eventually lead to a broader effort to adapt the federal policy to change laws and put an end to marijuana prohibition and consequences of a drug conviction at the state level. Now this is change I can believe in!

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