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- From: Jim Rosenfield <jnr@igc.apc.org>
- Newsgroups: talk.politics.drugs
- Date: 25 Oct 93 13:20 PDT
- Subject: Rep Edwards on Mandtry Mins
- Message-ID: <1484000383@cdp>
-
- Federal Courts Are Casualties in War on Drugs
-
- Los Angeles Times, October 25, 1993
-
- The bench is buried in trials, up 197% in 10 years,
- best suited for state courts.
-
- By DON EDWARDS
-
- Insulated from the hot winds of politics and the hysteria of the
- moment the federal judiciary has been the guardian of our rights
- for more than 200 years. Today. this great system of justice is in
- trouble. and unless corrective measures are taken by the President
- and Congress. we all are endangered .
-
- lt was the intention of the founders that the federal courts would
- rule over issues of national importance. major federal crimes and
- constitutional controversies. leaving to state judges now numbering
- 29,000 the responsibility for most criminal cases.Sadly. in the
- past decade Congress has federalized scores of state eries and the
- added burden on the federal courts threatens their viability.
- Caught in the early 1980s frenzy of the war on drugs Congress
- enacted dozens of tough federal drug laws. each bearing a heavy
- sentence with no parole. These trials have precedence over civil
- eases.
-
- The 649 federal district judges are now fairly drowning in drug
- cases that should be tried in state courts. Even if the current 110
- judicial vacancies are filled, the district courts still will be
- overwhelmed and important civil cases where the delays - now
- average nine months will languish at the clerks desks. with all the
- costs and anguish that result when judicial consideration is
- delayed or denied.
-
- From 1982 to 1992. criminal drug cases in the federal courts
- increased 197% from 4,218 in 1982 to 12,512 in 1992. That's 8,294
- additional drug trials. In 1992 drug cases represented more than
- 26% of the criminal cases in federal courts. Over the same 10-year
- period the civil case load increased by a modest 10%.
-
- In some areas, civil eases must wait three years for attention. lt
- is even worse in the West's enormous Ninth Circuit where Chief
- Judge J. Clifford Wallace in frustration announced in May that
- unless changes were made. there would be no time to hear civil
- appeals. Two senior judges from the New York district have
- announced that they will no longer hear drug cases. The morale of
- the federal judges is suffering. Historically they have used their
- discretion in cases where both the individual and society would
- benefit from a sentence that promotes rehabilitation. The mandatory
- minimum sentencing laws took away that discretion and in case after
- case the federal judge must impose a harsh prison sentence that
- ignores any mitigating circumstances. It is distressing for a
- Judge to find that he or she must send to prison for years a
- first-time nonviolent offender whom the judge considers a good
- prospect for rehabilitation if given a shorter sentence and strict
- federal probation.
-
- The judge also knows that the federal prisons are bulging at 143%
- of capacity, resulting in nearly unmanageable conditions with few
- programs designed to rehabilitate the felon.
-
- Congresc must act soon or the damage to the once-great federai
- judiciary system will be irreparable. The best vehicle available
- may be the omnibus crime blll under consideration by the House and
- Senate. An amendment must be added that gives the senteneing judge
- flexibility, at least in drug cases. To tailor the sentenee,
- taking into consideration such factors as the defendant's degree of
- participation in the crime, as well as the prospects for
- rehabilitation. Such an amendment would begin the rescue of a
- system that has been for two centuries the model for the world.
- ------------------
- Rep. Don Edwards (D) San Jose is vice-chairman of the
- House Judiciary Committee.
-
-
-