In a Feb. 20 Herald guest commentary by retired Spokane County Superior Court Judge Jim Murphy, he warned that present drug laws had a troubling disproportionate effect on minorities, and that the “tough on drugs” sentencing structure in Washington is particularly devastating to our African American population (“Drug sentencing structure is unfair, costs us too much”).
He points out that while comprising only 3 percent of the state’s population, African Americans make up nearly one-third of all drug offenders in confinement. No doubt, these statistics are true, but are the laws and the sentencing structure really to blame for this situation?
The typical scenario, according to Judge Murphy, does not do much to shed light on this enigma: A young African American delivers a small amount of crack cocaine, near a school bus stop and gets four years for this first-time drug offense. On the other hand, a Caucasian robber, taking property by force, with a comparable prior record is sentenced to only one year.
Are we expected to accept this as proof of bias against Blacks, even though the nature of the offenses lacks any similarity? True, the material damage suffered by the victim in the second case may be much larger, but the effect on the victim in the first case could be infinitely greater, as it can lead to irreversible addiction. If there is systematic disparity in the conviction rate of white and black males for like offenses, that could not be explained by faulty laws, or faulty judgment and sentencing practices. Wouldn’t the problem more likely be found in the arrest and prosecution processes?
As far as the cost of our criminal justice is concerned, to save money by letting criminals out earlier is simply irresponsible. “Hard time for hard drugs” must remain our guiding principle, although the judge deserves great support in his effort to give new emphasis to treatment. Effective treatment, along with incarceration, will help keep people from reoffending. And, curbing recidivism would most certainly result in reduction of prison population and therefore in reduction of cost.
Marysville
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