Mandatory Madness

Jacob Sullum | June 30, 2004

Rep. James Sensenbrenner (R-Wis.) has introduced a bill he calls Defending America�s Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2004. Yes, absurdly contrived acronyms apparently were not enough; stupid pieces of legislation now must have subtitles (as well as the obligatory reference to juveniles).

Among other things, DAMV:SADTCPA would impose a mandatory minimum sentence of 10 years on anyone over 21 who sold any amount of a controlled substance to someone under 18. A second offense of this sort would trigger a mandatory life sentence.

It's not that there's no real crime here. Selling certain drugs to minors ought to be prohibited even when those substances are legal for adults. But try to imagine a 10-year sentence for a 22-year-old who purchased a six-pack on behalf of a 17-year-old, or a life sentence if he did so twice, and you'll get a sense of how ridiculously disproportionate these penalties are.

Families Against Mandatory Minimums notes that Sensenbrenner's bill also would require a five-year sentence for selling any amount of any illegal drug "within 1,000 feet of a school, college, public library, drug treatment facility (or any place where drug treatment, including classes, [is] held), or private or public day care facilities--in short, almost anywhere in cities across the U.S. " And the bill would roll back reforms that allow some low-level, nonviolent drug offenders to escape harsh mandatory sentences.

It's a pity Sensenbrenner can't be counted among America's Most Vulnerable.

Comments

|6.30.04 @ 3:10AM|#

"...any amount of any illegal drug 'within 1,000 feet of a school, college, public library, drug treatment facility (or any place where drug treatment, including classes, [is] held), or private or public day care facilities--in
short, almost anywhere in cities across the U.S.'"

If this is the case the legislation might fall victim to the reasoning regarding the breadth of the Commerce Clause found in U.S. v. Lopez or U.S. v. Morrison.

|6.30.04 @ 3:38AM|#

WTF???

How can a guy who rebuked Ashcroft on expanding the patriot act sponsor a bill like this???

Jesus, just when you think you like a guy....

Charles Hueter|6.30.04 @ 3:52AM|#

This is especially dangerous considering the list of "controlled substances" has either been expanding or people have been itching to expand it.

AJ|6.30.04 @ 3:57AM|#

yeah no joke. I thought I liked this guy for his pro gun stands, but holy shit, this is crazy. What a bleeping idiot and panderer to fools.

AJ|6.30.04 @ 3:59AM|#

yeah no joke. I thought I liked this guy for his pro gun stands, but holy shit, this is crazy. What a bleeping idiot and panderer to fools.

Xrlq|6.30.04 @ 5:20AM|#

It's all well and good to take issue with laws with propaganda built into their names, but I'm not sure I'd quote a group called "Families Against Mandatory Minimum" in the same entry. Unless, of course, your only answer to "do it for the children" is "no, do something else for the children, instead."

Pete Guither|6.30.04 @ 5:46AM|#

Senselessbrenner's bill also has increased penalties for another category. Five years for somone over 18 distributing a controlled substance to someone under 21 (10 years for subsequent convictions).

Five years for two college kids passing a joint.

Jim Murphy|6.30.04 @ 6:48AM|#

At least he has one redeeming quality...he included his two dalmatians in his family photo ; )

|6.30.04 @ 8:06AM|#

Let's face it: Judging by the values of the Enlightenment, freedom in America is dead, and it has over 100 million murderers.

Time for something new.

|6.30.04 @ 8:31AM|#

Plant seed, grow weed, be free!

|6.30.04 @ 9:49AM|#

How can a guy who rebuked Ashcroft on expanding the patriot act sponsor a bill like this???

He saw what happened to Fitzgerald. The RNC probably wanted its tribute, and Sensenbrenner obliged like the good lapdogs our fearful leaders have always been.

They do not care about you. They care about maintaining their seat count.

|6.30.04 @ 10:07AM|#

Maybe it's not acrobatically acronymous like USA PATRIOT but it unintentionally lends itself to a great shorthand reference: DAM:SAD

|6.30.04 @ 10:22AM|#

Let's let this guy know that this is absolutely unacceptable behavior from a limited government conservative! [e-mail].

Besides rebuking Ashcroft on expanding the patriot act, he has fought corporate welfare, is generally anti-gun control and put up good NTU scores for keeping total spending down:

http://www.ntu.org/main/components/ratescongress/details_all_years.php3?house_id=709

Thus, it sounds like libertarian based appeals could hold some sway with him. Perhaps this is just election year grandstanding, although I assume that he has a safe seat, so perhaps not.

|6.30.04 @ 10:48AM|#

Sensenbrenner represents the 5th CD. It consists of suburbs and exurbs north and west of Milwaukee, which are as soundly Republican as the city is Democratic, and parts of Milwaukee County outside the city, where the limousine liberal and bluecollar types are not unknown. WI lost a seat in the House in the last census. An incumbent retired and the 8 seats left were gerrymandered for maximum incumbent safety. Big surprise. Don't cry for the guy who dropped out. He just won the mayoralty, after enduring a mere two years in the private sector.

Kevin

|7.1.04 @ 3:11AM|#

Hm. There's a liquor store just across the road from campus here. Does that mean that if they get caught selling to a minor, the guy at the counter can also be sentenced to ten years in jail, since I believe it's within 1000 feet of the edge of campus.

|7.1.04 @ 5:22AM|#

What would be wrong with executing the minor instead? Take the demand-side. The adult isn't the problem.