I just filed a post on how Florida could learn a lesson from California’s recent decision to reexamine some of its harsh minimum mandatory sentences. Well, somebody in Tallahassee has been thinking along the same lines, and making progress, as a bill was recently approved by the Senate Criminal Justice Committee to allow judges some discretion to deviate from the harsh minimum mandatory sentences for first time offenders who are not selling the drugs in their possession. The measure would allow courts to take into account that sometimes a lengthy prison sentence is not the best way to handle someone who is suffering addiction. Proponents point out that under current law, people can be sentenced as traffickers for possession less pills than many addicts take in a day.
Opponents argue that prosecutors have the discretion to change their charges for people who are not involved in dealing, according to the News-Press. However, as a practitioner who has worked on both sides of courtroom, that usually does not happen. Prosecutors are under great pressure to NOT cut deals, especially to drug traffickers. Tough-on-crime State Attorneys like Angela Corey make it a platform to prosecute to the fullest extent of the law, and often ignore the legislature’s expectation of discretion. The reality is that sometimes the people who get deals are serious drug dealers who snitch, while addicts without the connections end up holding the bag.
The opponents are urging the lawmakers not to do away with harsh sentences, but this bill would not do that. This bill would still allow the courts to punish the dealers and pushers accordingly, but allows judges the discretion to divert addicts away from exceptionally harsh mandatory sentences in some cases. It’s really a common-sense bill, and it’s hard to logically argue against it. Kudos to the legislature for examining alternatives to a one-size-fits-all harsh sentencing structure.