Pubdate: Mon, 01 Aug 2005 Source: Berkshire Eagle, The (Pittsfield, MA) Copyright: 2005 New England Newspapers, Inc. Contact: http://www.berkshireeagle.com/ Details: http://www.mapinc.org/media/897 Author: Alan Chartock Note: Chartock, a Great Barrington resident, is president and CEO of WAMC Northeast Public Radio Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) Bookmark: http://www.mapinc.org/youth.htm (Youth) LAW AT FAULT, NOT CAPELESS Here's what I think: State Rep. Smitty Pignatelli, D-Lenox, is absolutely right in his determination to do away with two-year mandatory sentences for selling small amounts of drugs. Pignatelli, who shows some real courage in calling for this legislative change, realizes that the answer is not to yell at District Attorney David Capeless, who is doing his job, but to change the law that Capeless is upholding. With that said, it should be remembered that mandatory sentences are usually put in place for a couple of reasons. One of them is that, more often than not, our judges are not doing their jobs and tend to allow people to walk away with little more than a slap on the hand. Another concern that I have always had is that we have a classic American tragedy where the sons and daughters of the middle class tend to get away with serious crimes, while the children of people of color are more likely to get much harsher punishments. Whatever law is passed will have to set some standards and goals so that the seriousness of law-breaking is emphasized. I find myself in agreement with many of the letter writers to this paper who make the point that there has to be one law and one standard for everyone. I don't want to second-guess a court, but my bet is that what looks like a case of jury nullification might have been avoided if a few jury members in a recent drug trial didn't think that a possible two-year sentence was too much. I can tell you that it is now a pleasure to walk through the Taconic parking lot and not be confronted by some very bad language, manners, insults and taunts. I can only hope that a law can be constructed that holds people who break the law accountable. I also hope that parents of young drug dealers pay a little more attention to what their kids are doing. I am sick and tired of seeing drunken drivers use their automobiles to kill and maim, causing havoc among families and loved ones. This is one place where I believe our laws are entirely too lenient. A guy with a gun in a grocery store is often given more punishment than a repeat drunken driver. I have often wondered whether the lawmakers, some of whom have been known to bend their elbows a time or two, are more lenient with drunken drivers because they are able to project themselves into the drunk's dilemma rather than that of the grieving family of the victim. - --- MAP posted-by: Beth