God Forbid that Laws be Based on Common Sense: Part 1: Mandatory Minimums

Two examples of the usual lack of common sense in the public's debate about laws.

The first, covered in a great narrative piece in the Washington Post, details the life of Michael Short. Fifteen years ago he got mixed up with drug dealers in suburban D.C. Under minimum mandatory sentencing for crack, he was sentenced to 20 years. Mandatory sentencing has recently gained attention as the prison population exploded, especially for young black men, and especially due to drug arrests and mandatory sentences. Here's how Short describes his situation testifying about the practice before Congressional subcommittee:

"My name is Michael Short. I am here because in 1992 I was sentenced for selling crack cocaine. Before that, I had never spent a day in prison. I came from a good family. I had no criminal history. I was not a violent offender. But I was sentenced to serve nearly 20 years. I was 21 years old."

Unless people have a personal experience with these laws, it's rare that the public sees the real effect it has on people's lives. If the minimums impacted any other demographic than young black men, it likely would have been overturned a long time ago.

In fact, the law that led to the disparity, the Anti-Drug Abuse Act of 1986, was initiated by house speaker, Tip O'Neill, a Democrat. The Post reports that an aide said that the speakers realized the death of a basketball star could capitalize on the public's "outcry about crack," whihc was probably similar to the hysteria about meth a couple years back, with made-up reports that people who smoked meth would never feel joy again. Here's the aides words.
"The speaker realizes, if the Democrats take the lead on this, if we play it right, maybe we can win the Senate back."

God forbid that laws, especially punishments, be based on what they accomplish rather than public hysteria or, as in this case, cynical political expedience (by a Democrat).