Reducing Drug Sentencing Through White Collar Crime Comparisons
Criminal justice in the US appears to be flawed due to overcrowded prisons and the language of laws, reports Jacob Shamsian. More than two decades have passed since Bill Clinton signed the 1994 Violent Crime Control Act in an attempt to curtail criminal offenses, asserts NPR.ORG. However, Thea Johnson and Mark Osler have authored a new paper on the rationale behind reducing drug sentencing.
Where Is the Problem?
Today’s punishments for drug-related offenses rely on the quantity of drugs. For example, punishments are given on the basis of weight of the substance. In many cases, the offender may only be tied to the presence of the drugs, and profits from drug-related transactions may be minimal.
The Anti-Drug Abuse Act of 1986 changed sentences for possession of powdered or crack cocaine. Since punishments derive from quantity, a drug crime attorney has limitations on his or her ability to defend a client. Unfortunately, both laws have been shown to disproportionately affect minorities and the poor, ultimately, resulting in higher incarceration rates for minorities. The only viable solution is reducing drug sentencing mandates.
Why Should Drug Offense Classification Change?
Drug offense classification is defined by the possession, manufacture, and distribution of a given substance. However, the scholars believe such offenses should carry sentences and punishments of white collar crimes. Logically, drug offenses are typically related to business transactions. Why should a business-related crime not include typical business-related punishments? Both crimes are profit-driven entities, and punishment for unlawful actions should flow in the same pattern. Within Johnson and Osler’s paper, most drug offenders are poor and trying to survive in a poverty-stricken society. Reducing drug sentences is possible by charging offenders based on net-gain from drug-related transactions.
Johnson and Osler represent part of a growing movement towards the decriminalization of many anti-minority laws, and a drug crime attorney must understand the need for radical reform of today’s drug sentences. Recently, President Obama enacted changes through executive action for reducing drug sentencing mandates, and Bill Clinton has expressed remorse in signing the Violent Crime Control Act.
If you have become the victim of disproportionate drug sentencing mandates, contact an experienced drug crime attorney, such as the Law Offices of Lawrence Wolf. Call (310) 277-1707, or go to our website: www.youareinnocent.com.
