Pubdate: 18 Aug 2011
Source: National Post (Canada)
Contact: http://drugsense.org/url/wEtbT4yU
Copyright: 2011 Daniel Libman
Website: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Daniel Libman
Referenced: http://www.mapinc.org/drugnews/v11/n529/a01.html

DO WE NEED TO GET TOUGH ON CRIME?

Re: Crime Bill Will Clog Courts: Bar, Aug. 16.

What is truly unfortunate about the tough on crime legislation, aside 
from ridiculous mandatory minimum sentences for small-time drug 
dealers and the like, is that it might have the opposite effect that 
it sets out to achieve.

No accused person facing a mandatory minimum is ever going to plead 
guilty. There is no advantage, no credit on sentencing for an early 
resolution, so if you lose at trial the sentence can be no less than 
what it would be otherwise.

Because more matters will proceed to trial, it will take longer to 
get a trial date. The impact is obvious. The longer the institutional 
delay, the greater the chance your charges are stayed or dismissed 
because of an unreasonable delay

The justice system is already severely backlogged.

A high-end dealer caught with kilos of cocaine and firearms is going 
to get more than four years if found guilty regardless, so the 
mandatory minimum is useless. But the petty street dealer who sells 
to fuel his addiction who is caught with a few ounces is going to 
face at least four years in a penitentiary?

Daniel Libman, Toronto.
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