Former federal prosecutor David Zlotnick has been critical of efforts to resist reform in the criminal justice system
Federal prosecutors seeking to move up the judicial-corporate ladder learn quickly that the most expedient method for advancement is securing by any means convictions that result in lengthy sentences. Exculpating the innocent is recognized as a poor career move for federal prosecutors. Blackstone's formulation that "it is better that 10 guilty persons escape than that one innocent suffer" has been turned completely on its head. Now federal prosecutors operate with the understanding that if you look hard enough, everyone is guilty of something, so no one should escape conviction.
Other law enforcement organizations have joined the NAAUSA in opposing Holder's call for sentencing reform. The National Sheriffs' Association, the International Association of Chiefs of Police, the National Narcotic Officers' Associations' Coalition, the National Association of Police Organizations and the Major County Sheriffs' Association have all gone on record with statements in opposition to even modest efforts to reign in America's proclivity for mass incarceration. They, too, have a vested interest in maintaining the status quo in the justice system. More people in prison means bigger budgets, increased staffing and increased opportunities for career advancement, all in the name of public protection.
Claims made by other opponents of sentencing reform border on hysteria. A letter sent to Senate leaders and signed by former attorney general and federal judge Michael Mukasey, former deputy attorney general George Terwilliger and former DEA administrator Peter Bensinger contained numerous attempts to panic lawmakers. "We believe the American people will be ill-served by the significant reduction of sentences for federal drug trafficking crimes that involve the sale and distribution of dangerous drugs like heroin, methamphetamines and PCP."
Former U.S. attorney general and federal judge Michael Mukasey has been outspoken in his efforts to continue the pernicious policy of mass incarceration
The letter continued, "We are aware of little public support for lowering the minimum required sentences for these extremely dangerous drugs. In addition, we fear that lowering minimums will make it harder for prosecutors to build cases against the leaders of narcotics organizations and gangs- leaders who often direct violent and socially destructive organizations that harm people throughout the United States."
Despite the letter's contention, it is beyond dispute that public support is growing for relief from the policies of mass incarceration.
NAAUSA's Guthrie made an interesting and largely disingenuous assertion about mandatory minimum sentences in his aforementioned letter to Eric Holder. "And foremost, they protect law-abiding citizens and help hold crime in check." This seems to be a very different argument than asserting that lessening mandatory minimums will result in prosecutors being forced to work harder.
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