Drug sentencing laws in Michigan have earned a reputation as some of the toughest in the country, and for good reason. Over the years, the state's harsh mandatory sentencing laws have prompted national headlines and intense scrutiny over cases involving individuals facing life sentences without parole for first-time non-violent drug convictions.
One such individual, David Lester, was a college senior and a successful boxer in 1986 when he was convicted in Michigan of selling cocaine and sentenced to life in prison with no chance of parole. Another, JeDonna Young, was convicted in 1978 after police discovered a large quantity of heroin in her boyfriend's car. Like Lester, Young had no prior criminal record and was sentenced to life in prison without parole.
Michigan's History of Harsh Sentences
Both Lester and Young, as well as hundreds of individuals like them, were convicted under Michigan's infamous "650 lifer law," which imposed a mandatory life sentence without possibility of parole on anyone convicted of possessing more than 650 grams, or about 1.5 pounds, of narcotics. This was by far the harshest drug crime sentencing law in the country, and was passed in 1978 with the purpose of targeting drug kingpins.
Unfortunately, the law was applied mostly to small players and bystanders in the drug trade rather than to those at the top. Ironically, one of the only ways to avoid the harsh sentences set out by the law was to become a 'give up' other dealers to the police-and since major dealers are more likely to have that information than small time offenders, they were more likely to beat the rap.
According to a report by CBS News, about 85% of people convicted under the law had no prior record, but in many cases received harsher sentences than violent criminals convicted of murder, rape or armed robbery. In addition, civil rights groups criticized the law for what they viewed as a disproportionate application to racial minorities.
While the sentencing laws are no longer as draconian as in the days of the 650 lifer law, the Michigan courts continue to dole out some of the toughest prison sentences in the country for drug crimes. This has lead many people to question whether they are out of proportion to the crimes they aim punish and whether another approach may be more effective in curbing drug use in the state.
Recent Developments in Federal Drug Sentencing Law
Last year, the United States Congress passed the Fair Sentencing Act of 2010, which aimed to close the sentencing gap between federal sentences for crack cocaine and powder cocaine. Previously, federal drug crimes involving crack cocaine were punished in the same way as those involving 100 times the quantity of powder cocaine. For instance, this meant that 5 grams of crack cocaine and 500 grams of powder cocaine both triggered the same five-year sentence. Under the new law, the ratio is reduced to 18-to-1.
Unfortunately, the Fair Sentencing Act does not yet apply retroactively to drug offenses committed before the new law went into effect in August of last year. As a result, defendants convicted of crack offenses before that date will continue receive harsher sentences than they would if the exact same offense had been committed after August 2010. In addition, inmates already serving time for crack convictions will be required to fulfill their prison terms under the old law.
The Costs of Excessive Sentencing
Because being "tough on crime" is a popular political platform, it is common for sentencing laws to see dramatic growth as successive rounds of lawmakers seek to make an impression by ratcheting up the severity of punishment. In reality, however, the situation has gotten out of hand at great cost to taxpayers-not to mention to those who have been handed prison sentences that are dramatically disproportionate to the offense convicted.
It is no secret that the prison population in America has outgrown its budget in recent years. Increasingly harsh penalties for drug crimes are the single greatest factor responsible for the prison population boom. The number of people imprisoned for nonviolent drug offenses today is more than twelve times what it was thirty years ago, with little evidence that stiffer penalties have done anything to alleviate the nation's drug problem.
To the contrary, a recent report by the Global Commission on Drug Policy indicates that America's "war on drugs" has failed completely. The report recommends treatment rather than imprisonment as a more effective alternative for small time offenders, and also suggests that law enforcement resources should be focused on combating violent criminal organizations rather than nonviolent, low level offenders.
