Massachusetts Steps Away from Mandatory Minimums

categories: Mandatory Minimums, Overcrowding Prisons, Sentencing, War On Drugs

Published November 19, 2009 @ 08:57AM PT

The Massachusetts Senate yesterday passed a bill that would open the possibility of parole for prisoners convicted of nonviolent drug crimes. Many were sentenced under mandatory minimum laws and aren't currently eligible for parole. Finally, amidst budget difficulties, another state is seeing the light.

On its website, Families Against Mandatory Minimums profiles Robert Anger, a Massachusetts prisoner who could potentially be eligible for parole if the bill becomes law. Anger, from Vermont, became addicted to OxyContin as a teenager and soon transitioned to heroin. He began selling cocaine to support his habit and was arrested in Massachusetts in 2004 buying cocaine worth $15,000. He was 22 when a judge sentenced him under mandatory statute to 15 years in prison, saying "I wish I had discretion" as he did it. His full story is here.

Several states are reevaluating mandatory minimum and three-strike laws as they face budget shortfalls. These programs are being cut because they're expensive, and because they don't work. Yes, Robert made a serious mistake and he was more than a simple drug user. But he had begun to turn his life around with his family's help before his first day in prison. His case is another example that a short sentence could have the same impact as long one. We don't need to keep him away from society for 22 years for our safety. He needed a wakeup call, and he got it. Now let's give him another chance.

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Comments (3)

"He needed a wakeup call, and he got it. Now let's give him another chance." Absolutely spot on the mark. Let's give him a "second chance" and while we are at it let's send the same message to the Federal Injustice System too. These first time non-violent offenders whether state or federal should not have to suffer the collateral consequences of a felony conviction for the rest of their lives. Due to mandatory minimum sentencing many have already suffered punishment far beyond anything reasonable.

Many states have a means for these non-violent offenders to clear their record after full completion of their court ordered sentences. Some states do not nor does the federal judicial system. All of them should implement a means of record expunction immediately. To paraphrase an old campaign slogan, "It's the jobs stupid." If they are blocked from employment the recidivism rate goes up and a clean record allows an ex to seek and hold a meaningful job. The benefits that would result from reduced recidivism rates and thus the cost of running the prison system are immeasurable.

Posted by Thomas Kinney on 11/19/2009 @ 08:24PM PT
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Non-violent,first time offenders should be released from prison. The mandatory minimum sentencing scheme has failed and is morally unacceptable -- simply wrong.

Posted by camille tilley on 11/23/2009 @ 01:01AM PT
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This is why we all must, must musttttttt get together and make congress, and the senate, and all the other lazy, greed filled politicians do their jobs. We need the HR 1529 bill pushed forward and passed immediately. Haste makes waste (we all know that all to well).!!!! As Thomas Kinney said “recidivism would decrease.” Tax monies going into building more prisons is definitely not the answer. With the decline of recidivism that would free the tax monies for education. It’s all of our responsibilities to make these politicians get off their butts and stop stepping on the little guys’ neck. We vote them in, now let’s get together and make sure they do what is right.

Posted by I love Jesus Jesus Loves You Also on 11/23/2009 @ 06:30AM PT
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Matt has worked and volunteered in various capacities in criminal justice reform for several years. When he's not blogging, he works as the Online Communications Manager at the Innocence Project. Views expressed here are Matt's, and don't represent the positions of the Innocence Project.