NCJ Number
139242
Journal
Criminal Justice Journal Volume: 13 Issue: 2 Dated: (Spring 1992) Pages: 385-388
Date Published
1992
Length
4 pages
Annotation
An attorney describes the impact of the Federal Drug Sentencing Reform Act of 1984 on his work as a criminal defense lawyer, emphasizing that the sentencing inequities this law produced caused him to leave the private practice of law.
Abstract
He notes that before the law passed, he regarded his clients as the decisionmakers regarding whether to enter a guilty plea, accept the terms of a possible plea bargain, or proceed to a jury trial. His clients were usually satisfied with the results. However, the Federal law established a ridiculously inequitable sentencing system that required the incarceration of people charged with drug law offenses for prolonged periods of time. The law ignores a defendant's role in the crime and places far too much emphasis on the quantity of the drug involved. It also imposes a mandatory minimum sentence of 10 years for a first-time offender and virtually eliminates plea negotiation. The result is destruction of trust between the attorney and the client and constant frustration at the unfairness of the process. Congress needs to become aware of the problems the law has caused and change it. Footnote