Mandatory drug sentences 'colossal mistake', Canada told

mentalfloss

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Jun 28, 2010
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Mandatory drug sentences 'colossal mistake', Canada told
'We have learned the hard way that long sentences are not deterring people' says attorney who wrote U.S. laws

An attorney who helped U.S. politicians write mandatory-minimum sentencing laws during the 1980s has a warning for Canadian parliamentarians.

Imposing long jail terms for minor drug offences has been a mistake in the U.S. and won't work in Canada," said Eric E. Sterling, who once served as counsel to the U.S. House Judiciary Committee.

"When you start going down this road of building more prisons and sending people away for long periods of time, and you convince yourself that this is going to deter people you've made a colossal mistake," said Sterling, who is the president of the Maryland-based Criminal Justice Policy Foundation.

"We have learned the hard way that long sentences are not deterring people from selling drugs when the profits are so great."

Sterling is one of 28 current and former law-enforcement officials in the U.S. who have written to Canadian senators, as well as Prime Minister Stephen Harper and the premiers.

They take issue with Bill C-10, known as the Safe Streets and Communities Act, which includes mandatory-minimum sentences for drug offences and is currently being studied in the Senate.

The letter, written by the organization called Law Enforcement Against Prohibition, is the latest salvo in the dispute over Bill C-10, as well as the debate over the legalization of marijuana.


U.S. moving towards decriminalization

The organization calls on Canadian politicians to endorse the taxation and regulation of marijuana.

After all, it says the U.S. is becoming more progressive with its pot laws, noting 16 states and the District of Columbia have enacted medical-marijuana laws and 14 states have taken steps to decriminalize possession.

"We changed our minds and we encourage you to do the same," the group writes.

"Taxation and regulation of marijuana have the potential to dramatically improve community safety, raise tax revenue for cash-starved governments and allow precious law enforcement resources to be directed towards criminal activities where law enforcement actually reduced crime."

The 28 signatories include former and current police chiefs, border, customs and immigration agents, judges, prosecutors, correctional officials, law-enforcement officers, and legislative counsel.

Mandatory drug sentences 'colossal mistake', Canada told - Politics - CBC News
 
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skookumchuck

Council Member
Jan 19, 2012
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I don't see the issue as black and white, doing so would beg the question......
Given that many progressives have successfully convinced local government to provide free needles and places to practice ones habit in security on the premise that it is humane and easier on the healthcare costs while seemingly ignoring the cost to innocents regarding the nearly universal necessity of crime to pay for drugs, plus now giving out free booze to alkies, does it now follow that we should provide aged and infirm sex offenders with condoms, scooters, and viagra?
We would have, 20 years back, thought the former impossibly stupid and ridiculous, but the young uns are sure teaching us old peeps some valuable lessons, just like Spock did (sarc off)
 

MHz

Time Out
Mar 16, 2007
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How many dealers would start packing a weapon and be more than ready to use it to avoid being arrested and facing a long prison term?
Is this part of a make work project?
 

Machjo

Hall of Fame Member
Oct 19, 2004
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So we're trying to balance the budget, meanwhile we're passing laws left right and centre to require internet providers to install billions of dollars worth of equipment, build prisons, etc.

My local MP is Paul Dewar. I disagree with much of his ideas, but at least I can count on him to vote against this bill.
 

WLDB

Senate Member
Jun 24, 2011
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I doubt it. The senate is stacked with Harpo's cronies. They will do what he wants.

Not really. They turned him down on Senate reform. They can do whatever they want. If they shoot this bill down, or these portions of it at least I may be convinced that the Senate is somewhat useful.

My local MP is Paul Dewar. I disagree with much of his ideas, but at least I can count on him to vote against this bill.

He's my MP too. Neat. I didn't think anyone else on here was in my riding.
 

DurkaDurka

Internet Lawyer
Mar 15, 2006
10,385
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Toronto
The legislation may be sound (in principle), maybe the nature of the sentence is what needs to be revisited.

Who says the mandatory sentence needs to be served in a prison?

Well, I could agree with mandatory rehab for users but filling prisons with non-violent drug users seems to me to be a bad idea, especially with the experiment having failed in the US.
 

DurkaDurka

Internet Lawyer
Mar 15, 2006
10,385
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Toronto
I'm thinking community service with the ability to have their record cleared.

Well, that already happens for most first time offenders, no? I have no problems locking up serious dealers (coke, meth etc) but I think it's backwards to send someone to jail for using and or cultivating small amounts (1-10 plants).
 

Machjo

Hall of Fame Member
Oct 19, 2004
17,878
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Ottawa, ON
We ought to distinguish between seller and buyer too. As for sellers of hard drugs, it would be reasonable to treat them like murderers, but that's essentially what they're doing the slow way.

As for buyers, then I'd say mandatory rehab might be reasonable or, when appropriate, voluntary rehab.
 

captain morgan

Hall of Fame Member
Mar 28, 2009
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A Mouse Once Bit My Sister
Well, that already happens for most first time offenders, no? I have no problems locking up serious dealers (coke, meth etc) but I think it's backwards to send someone to jail for using and or cultivating small amounts (1-10 plants).


All I'm saying is to make the program more 'punitive' (not the right word) but not in a manner that will screw some poor sap for life with a drug conviction. Basically, I'm curious if there is a way to step-up the community service program such that it really does act as a stronger punishment - society gets some nominal benefit from it and there is enough 'punishment' such that buddy at least doesn't get caught again (possibly even kicks)