Pubdate: Mon, 12 Jun 2000
Source: Madison Daily Leader (SD)
Contact:  http://www.zwire.com/news/newslist.cfm?brd1302
Author: Jon M. Hunter, Publisher

CANTON JUDGE'S PLAN IS TO GET THE DRUG DEALERS

Circuit Court Judge Richard Bogue has a plan to reduce the drug problem. If
convicted drug users name their suppliers, take a lie detector test and are
willing to tell the truth on the witness stand, they'll get a lighter
sentence in his court.

If not, they get the maximum prison sentence.

"The judge's plan is to get people who are dealing. I don't have a problem
with it at all. I think it's a good condition of the probation," said
Matthew Metzgar, Union County state's attorney.

Bogue's plan isn't without some controversy. First, it is stretching a bit
the typical role of the independent judiciary. Judges don't make laws, nor
do they prosecute cases. They help insure justice by presiding over fair
trials, making rulings and sentencing within the guidelines set by the law.

Some critics might say establishing a plan to get the drug dealers steps out
of that role. But Bogue counters by saying that his sentencing practices are
designed with the sentenced person in mind. "My...hope is that he'll burn up
his sources and won't get in trouble again," he said. "This gives people
some incentive to clean up their act."

We think Bogue's plan has merit. Sentencing a burglar will likely lower the
number of burglaries, but sentencing drug users does virtually nothing as
long as drug dealers aren't penalized. We'd consider drug dealers as
accomplices in drug-use crimes, and accomplices in other crimes are charged
immediately. Bogue's practice isn't to charge drug dealers, but merely to
gather information so law enforcement can do its job.

We'd expect Bogue's policy to be effective in reducing drug dealing in the
area, at least until someone challenges the legality of the practice. If it
passes muster in a court itself, then we may see other judges quickly
following suit.
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