Mandatory mayhem

Law | By stripping judges of discretion and sending nonviolent criminals to prison, 'tough on crime' sentencing laws have created unintended consequences | Catherine Pearson

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Many biblical scholars have argued that the Old Testament's famous "an eye for an eye" codes created proportionate penalties for crimes: They ruled out a killing for an eye, or (as in some Islamic law) a hand for a piece of bread.

Has our desire to wage war on drugs created disproportionate penalties? Here are two examples:

JeDonna Young, who just turned 23, had a young son and an older boyfriend who owned multiple businesses. She also had a clean criminal record, until the day in 1978 when her boyfriend asked for a ride. She loaded his bags in her car and drove only a few blocks before the police stopped them, jumped out with guns, and found her boyfriend's drugs in the bags. Because of Michigan's mandatory minimum drug sentencing, Young's sentence was prison for life. When Michigan reformed its laws, Young was able to leave prison after only 20 years, but her son had grown up without his mother.