Pubdate: Wed, 25 May 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: Vincent Lee
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

A BAD LAW PRODUCES UNJUST RESULTS

To the Editor of THE EAGLE:- If the Concerned Citizens of Great Barrington 
really represent higher principles of appropriate justice for all 
defendants in the future, rather than just a getting a few friends off 
after the fact, keep up the momentum. Get the Legislature to amend a bad 
law, and perhaps find an alternate candidate for district attorney. The 
school zone drug law is awful, harsh and inflexible with only a tenuous 
connection to its stated purpose. It gives widely disparate results to 
rather similar behavior.

For example, simple "possession" doesn't carry the school zone penalty. But 
possession "with intent to distribute" does. I saw two young women go to 
trial on this, charged under the school zone law after being caught 
together with $50 of marijuana. One girl testified that she'd bought the 
stuff strictly for her own use. Convicted of possession, she got probation. 
The other girl said she'd bought her share of the stuff for herself -- and 
to share with her roommate. Boom! Intent to distribute to the roommate. Two 
years. But the practical reality is that until a harsh law snags the scions 
of "good families," nobody much cares. Sympathetic poster children are 
needed. If social standing is not an issue, who do people keep bringing up 
the reputations of the defendants' parents? I know who some of the parents 
are, and they are indeed wonderful folks. But if the community standing of 
the parent determines whether the children should be jailed, then it is 
about social class. So some folks are mad at me for shining light on that 
secret reality -- but the fact is, I agree with them on the basic issue of 
a bad law.

And about guns -- many of the people doing the Pittsfield shootings are 
young folks involved in drug-related disputes. Selling drugs isn't about 
peace, love and understanding.

VINCENT LEE

Lee
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