posted August 18, 2004
I read thd editorial by U.S. Attorney Sandy Mattice with complete amazement. I had to stop and wonder who Mr. Mattice was trying to convince, himself or the public.
It appears he is attempting to convince the public that what the justice system in this country has become is something worthwhile. In reality, if the general public learned the real truth behind who the government is incarcerating on a daily basis, there might possibly be some changes made.
His referral to the “safety valve” was laughable. I would think Mr. Mattice has first-hand knowledge that again, these factors are indeed in the hands of the prosecutor and rarely given. The same is true with their so-called “Rule 35” which is a downward departure they give if they feel the defendant has given them useful information. Again, they take the information and rarely give the downward departure. This is simply on paper to look like they are allowing discretion to Judges when in fact, judges have no discretion.
Mr. Mattice states: "These measures ensure that the worst criminals stay behind bars for meaningful periods of time, keeping them off our streets and away from our families, and making would-be offenders think twice about risking a long prison sentence". The truth is that there are 180,000 men and women in federal prison today of which 85% are first-time nonviolent offenders, meaning of course no victims. It is also proven with statistics that those incarcerated for these draconian periods actually increase recidivism, not decrease recidivism. Certainly he would have access to these reports as well.
Mr. Mattice further states, "That’s why mandatory minimum laws have repeatedly been enacted by Congress, why they are consistently supported by Presidents from both parties, and why tough sentencing enjoys widespread public support." Again, if anyone has read the paper lately they would see that even Congress is taking a "smart on crime" not "tough on crime" approach.
Further, Mr. Mattice's theory of what he classifies as "these recent attacks, the legacy of mandatory minimum sentences is clear: tough but fair sentences are taking habitual lawbreakers off the street, they are locking up the most dangerous criminals among us, and they are ensuring the safety of all law-abiding Americans" is exactly the kind of thinking that has created the problems in society. It has not remedied anything. The War on Drugs was a total failure; mandatory minimums are indeed unconstitutional and leaving the discretion of sentencing in the hands of prosecutors is not justice as we, American citizens deserve.
Finally, Mr. Mattice failed to mention how prosecutors are known for coercing first time offenders into plea agreements which state their alleged crime to be far more than the actual crime. This is done simply by telling these first time offenders who are not aware of the judicial process that they will face “double” the time if they do not sign this plea agreement and look a judge in the eye and admit to something they did not do. This is done so that they can impose a mandatory minimum rather than allowing a jury to hear the real facts of a case. They are allowed to rely on hearsay evidence from unreliable sources and swear it is fact.
I believe the prosecutors in this country are truly afraid for the public to learn the truth of their ways and of who is actually behind bars. They are afraid to reveal the true statistics that indicate the longer a person is incarcerated the more likely the chance of recidivism. They do not want the public to know the true inhumane conditions suffered by prisoners in this country on a daily basis. They do not want change or justice. They want to continue building prisons because prisons do indeed make money for the government. Another fact they choose to hide. Our tax dollars are being taken away from educating our youth and rehabilitation programs to build unnecessary prisons and house thousands upon thousands of individuals who would benefit society best by rehabilitation, working, paying taxes and supporting their families. Mr. Mattice also failed to mention the result of incarceration on the children of these prisoners and the long-term effect it has on them. Mr. Mattice also failed to mention that throughout the testimony given at the Justice Kennedy Commission hearings held by the ABA, most of the individuals giving testimony were very much against mandatory minimums. And I might add that there were judges, prosecutors and even a representative of the Sentencing Commission testifying at these hearing and indicating that mandatory minimums are wrong.
Mr. Mattice needs to rethink his position, look into the real statistics and try to write an unbiased opinion. Mandatory minimums are indeed unconstitutional and with only 15% of the prison population today being convicted of a violent crime and/or being a reoffender, I fail to see where he believes the current justice system has done anything but separate families, cost you and I as taxpayers unnecessary money and ruined the lives of a lot of people who did not deserve it.
Judy Freyermuth
Atlanta, GA
JudyF72@aol.com
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