Pot times
Punishment Must Fit The Crime
URL: http://www.mapinc.org/drugnews/v05/n1105/a02.htmlNewshawk: Humphrey Ploughjogger
Pubdate: Wed, 13 Jul 2005 PUNISHMENT MUST FIT THE CRIME
Source: Berkshire Eagle, The (Pittsfield, MA)
Copyright: 2005 New England Newspapers, Inc.
Contact: <
mailto:letters@berkshireeagle.com>letters@berkshireeagle.com
Website: <http://www.berkshireeagle.com/>http://www.berkshireeagle.com/
Details: <http://www.mapinc.org/media/897>http://www.mapinc.org/media/897
Author: Carl Stewart
Note: The writer is a former federal prosecutor, having served in the
administrations of Presidents Nixon, Ford and Carter
Bookmark:
<http://www.mapinc.org/find?217>http://www.mapinc.org/find?217
(Drug-Free Zones)
Bookmark:
<http://www.mapinc.org/find?199>http://www.mapinc.org/find?199
(Mandatory Minimum Sentencing)
Bookmark:
<http://www.mapinc.org/find?225>http://www.mapinc.org/find?225
(Students - United States)
Related: http://www.mapinc.org/drugnews/v05/n1091/a12.html
Related: http://www.mapinc.org/drugnews/v05/n882/a04.html
Related: http://www.mapinc.org/drugnews/v05/n779/a04.html
To the Editor of THE EAGLE --
As the first trial of the "Great Barrington 18" approaches, it seems
all-the-more important to reflect on the ramifications of the decision by the
district attorney to prosecute all of those arrested under the
"school-zone" enhanced sentencing provision, regardless of the
severity of the alleged criminal conduct and the absence or presence of prior
criminal history. Mr. Capeless is widely considered to be an
intelligent and dedicated public servant, but in this case, at least, he seems
to have forgotten the traditional dual responsibilities of a prosecutor.
Whereas, under long-established Anglo-American principles of criminal
jurisprudence, defense attorneys have as their sole function the dedicated, one
might say, single-minded, representation of their clients, the state,
represented by the district attorney, has two roles: he must not only represent
the interests of the citizens he serves, but he is also charged with the
responsibility to see that justice is done. Both are equally important,
for it is the quality of justice that is dispensed that in large measure defines
us as a civilized society.
In Saudi Arabia, the penalty for someone stealing a loaf of bread, even if that
is what is necessary to feed a starving family, is the lopping off of the
offending arm. Surely, Mr. Capeless would agree that in some
instances, the just result at the end of a prosecution is not necessarily the
conviction of the defendant, if the result is a penalty that is much harsher
than what justice demands.
If Mr. Capeless finds himself, for whatever reason, unwilling or unable to
do what the district attorneys in virtually all of the other counties of this
commonwealth have done, that is, to decline to prosecute under the Draconian
provisions of the "school-zone" law, then it is incumbent upon the
jurors who will decide these cases to determine if the punishment fits the
crime. Can anyone reasonably argue that two years confinement to prison is
an appropriate penalty for the transfer of a single marijuana cigarette by an
unthinking, immature teenager to an undercover law enforcement officer?
Who gains by this result?
There are surely other remedies, indeed harsh ones -- for example, long hours of
community service which could benefit other young people at risk -- that would
not have such a ruinous effect on the lives of our young people who are just
embarking on what will hopefully be a long and upward journey of discovery and
self-realization.
CARL STEWART
Alford
Note: The writer is a former federal prosecutor, having served in the
administrations of Presidents Nixon, Ford and Carter.
