Isaac
Lifelong Learner
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- Mar 14, 2017
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Are you saying that the laws on illegal weapons possession are too severe or do you mean that shouldn't be applied to certain people?
In general I've found my self to be quite disturbed by a lot of 'minimum sentences' statutes. Sentencing guidelines sound like a really good thing, Oh, it will bring fairness, but actually it can do the opposite, too. Ultimately a judge does need some discretion - and many minimum sentences ride a temporary wave of public awareness/obsession, resulting in overly harsh outcome.
Example, Arizona just passed a voter-initiated law that mandates life in prison for anyone convicted of sex trafficking.
Now, you might think that's fine - why would I be against it - Well, because I know that not all 'sex trafficking' charges will be the same.
You're going to have a group of homeless druggies, where the women ***** and you might just by chance have some guy collecting the money and all of a sudden that's 'sex trafficking', even though everyone was consensual and nobody was really being trafficked - bam, life in prison.
If I could be guaranteed that everyone sentenced under that law was an actual, like you know, kidnap someone and bring them somewhere and sell them for sex and refuse to let them leave - that'd be different, but because of what society has done in seeing women as "always victims, never guilty", this means that prostitutes are very unlikely to be prosecuted now in most jurisdictions, because they say "Trafficked!" as soon as the handcuffs come out and that gives the one person a totally free pass and puts another in prison for life. You can see the problems here. And by the way that is a reasonably good example of when discrimination against men is clear cut.
What we need is to stop worrying so much about judges negating a law and start to focus on prosecutors, who negate laws by refusing to prosecute and who punish people by prosecuting just some but not others. Prosecutors have 10x the power in discretion than judges ever did, and something needs to reign it in and cause outcomes to be more uniform.
You seem to be in favor of reigning in judges' discretion, yet you have no such equal application of the principle when it comes to prosecution.
Why?