A young man is gunned down over a pair of tennis shoes. His killer gets a life sentence; a mandatory minimum sentence, even though the killer was also just a teenager. A woman is raped coming home from church. Her rapist gets a 20 year sentence; a mandatory minimum sentence. A man is on his couch watching television when his house is broken into. He is bound and robbed. The burglar gets 15 years; a mandatory minimum sentence. A business man is finally revealed to be a pedophile that has preyed on just about every female member of his family. He gets a mandatory minimum 10 year sentence and must register as a sex offender for life.

Even the most ardent opponents of mandatory minimum sentences probably would not complain about these sentences.

In each of these instances the acts of the perpetrator had serious, mandatory minimum consequences. The sentences were simply an attempt by society to punish for these consequences. Most of the mandatory minimum sentences apply to the most serious offenses, the “seven deadly” offenses (Murder, Rape, Armed Robbery, Aggravated Child Molestation, Aggravated Sexual Battery, Aggravated Sodomy and Kidnapping) O.C.G.A. § 17-10-6.1.

Is there any doubt that these heinous crimes should be treated in the harshest way, both as some measure of retribution for the tragic consequences and as a deterrent for such behavior? Even the mandatory minimum sentences that apply to drug offenses are based either on the quantity of drugs or the number of offenses by the offender. Most of the instances of unfairness cited in opposing mandatory minimums involve these “non-violent” drug offenses. Assuming, but not conceding, that these drug offenses are non-violent, victimless offenses (considering the violent devastation to communities), the law does take into account the status of these drug offenders. First, the prosecutor is given discretion to reduce the offenses to lesser offenses. Secondly, the Board of Pardon’s and Paroles treats the drug trafficker who is sentenced to a mandatory minimum 10 year sentence different than the armed robber or rapist who is sentenced to the same mandatory minimum sentence.

Instead of trying to get rid of the mandatory minimum sentences we should educate people, especially youngsters, about the mandatory minimum consequences of certain behavior and the stiff penalties awaiting those who commit such acts.

THE DEFENSE: MANDATORY MINIMUMS: THE GREATEST CHALLENGE

By Kweku Toure'

Indeed, the federal and state mandatory minimum sentencing statutes for non-violent drug offenses that judges use to determine long term prison sentences are the greatest challenge affecting African-Americans today, as it relates to the legal system. In fact, the federal and state mandatory minimum drug offense statutes have increased the rate of incarceration at an unreasonable pace, and resulted in unfair harshness on offenders, with regard to penalties associated with the nature of their crimes, which ultimately affected not only their lives, but their families and the broader black community now dealing with their reentry situation.

Nationally in 1993, blacks were incarcerated at 7 times the rate of whites. The likelihood of being incarcerated for a drug offense has increased 500% since 1980. Beck, Bureau of Justice Statistics Bulletin, U.S. Department of Justice (August 1995). Similarly, in Georgia, where they enacted a "two strikes" law which imposed a life imprisonment sentence for only the second nonviolent drug offense. National Association of Criminal Defense Lawyers, Racism in the Criminal Justice System, (1996). The drug offense statutes have impacted the offenders’ access to rehabilitative services which present broader challenges. Specially, these challenges include the plight of ex-offenders, the security and health of communities to which they return, and the social and economic impact resulting from recidivism As a start in remedying this situation, stakeholders and the legal community should continue to lobby for the repeal of legislation calling for mandatory minimum sentencing.

Second, alternative sentencing options could be used, e.g., community service, day or weekend reporting centers, and residential probation. Finally, stakeholders should develop a community based approach that infuses local municipalities with residents involving all economic classes from the Black community, by working to create community justice networks with a seamless system of supportive social service programs that address reentry of offenders.

LETTERS OPINIONS COLUMNS