A bipartisan group of senators has reached a deal on the most substantial rewrite of the nation’s sentencing and prison laws in a generation, giving judges more latitude to sidestep mandatory minimum sentences and easing drug sentences that have incarcerated African-Americans at much higher rates than white offenders.George Will has this piece, which addresses a state sentence of life for a juvenile:
The lawmakers believe they can get the measure to President Trump during the final weeks of the year, if the president embraces it.
The compromise would eliminate the so-called stacking regulation that makes it a federal crime to possess a firearm while committing another crime, like a drug offense; expand the “drug safety valve” allowing judges to sidestep mandatory minimums for nonviolent drug offenders; and shorten mandatory minimum sentences for nonviolent drug offenders, according to draft text of the bill obtained by The New York Times.
Parents who have raised sons understand that civilization’s primary task is to civilize adolescent males, a task that is difficult for many reasons, some of which neuroscience explains. The part of the brain that stimulates anger and aggression is larger in males than in females (for evolutionary, meaning adaptive, reasons). And the part that restrains anger is smaller in males. The Supreme Court has noted that adolescent brain anatomy can cause “transient rashness, proclivity for risk, and inability to assess consequences,” thereby diminishing “moral culpability” and, more important, enhancing “the prospect that, as the years go by,” offenders’ “deficiencies will be reformed.” Hence “a lifetime in prison is a disproportionate sentence for all but the rarest of children, those whose crimes reflect ‘irreparable corruption.’ ”Judges are supposed to be a check on the executive branch. I really don’t understand why sentences aren’t much lower. So many judges have become accustomed to just following the prosecutor/probation officer/sentencing guidelines, that we have one of the highest incarceration rates in the world. It’s absurd. It will be interesting to see how the new crop of Trump judges sentence defendants, especially non-violent first time offenders.