Pubdate: Sun, 19 Sep 2004 Source: Salt Lake Tribune (UT) Copyright: 2004 The Salt Lake Tribune Contact: http://www.sltrib.com/ Details: http://www.mapinc.org/media/383 Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) DOING JUSTICE It is hard to pinpoint the exact moment in American history when we decided that justice was too important to be left to the judges. But it was a big mistake. It was a mistake that is becoming more obvious to more people. One of them is a man with an office on Salt Lake City's Main Street, someone who not only has every reason to be worried about the issue, but also has the power to do something about it. Before U.S. District Judge Paul Cassell hands down the mandatory minimum sentence that would send a formerly armed former pot dealer to prison for, essentially, the rest of his life, he has made it clear that he is not comfortable with the idea of being a highly paid, highly educated rubber stamp. Especially when the predetermined action he is being asked to take is so obviously both brainless and cruel. Federal prosecutors want Weldon Angelos, a former record producer convicted of carrying - not firing, not brandishing, just carrying - a gun while selling a bunch of marijuana, put away for the next 63 years. That's enough to ensure that Angelos, even though he is only 25 now, could well die in prison. Die in prison, after spending decades not only being supported by the taxpayers but also seeing fellow inmates convicted of murder, rape, arson and hijacking at about the same time being released well before him. Before he sets aside all common sense, legal wisdom and humanity by agreeing to be part of such an exercise in injustice, Cassell wants prosecutors to return to his courtroom on Nov. 16 with some really good reasons why he should not instead set aside the federal law establishing what clearly is, to coin a phrase, cruel and unusual punishment. That'll be some trick. Mandatory minimum sentences are a major cause of the shame of the American system of justice, the fact that we incarcerate, for stunningly long periods of time, a far greater proportion of our population than any other civilized nation. No less a personage than U.S. Supreme Court Justice Anthony Kennedy has made it clear that this is neither justice nor wise use of the taxpayers' money. He thinks those laws should be repealed, as does the American Bar Association. The prospects of that happening any time soon, however, are slim, given the addiction of Congress and other legislative bodies to the anti-drug drug and the pre-eminent fear of all politicians to be seen as "soft on crime." Thus it is becoming increasingly clear that, if we are to see justice done, it will have to be done by judges, by Paul Cassell and his colleagues. Which is, after all, supposed to be their job. - --- MAP posted-by: Richard Lake