Pubdate: Tue, 30 Apr 2002
Source: San Francisco Chronicle (CA)
Copyright: 2002 Hearst Communications Inc.
Contact:  http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Debra J. Saunders
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

BUSH SHOULD END BAD SENTENCES

TODAY, while he's in the Bay Area, President Bush will speak on his record 
and his philosophy of "compassionate conservatism."

Bush has much to crow about. He won a tax cut that brought relief to 
American families. The Euros had dismissed him as "a cowboy," only to be 
dazzled by his methodical response to global terrorism. As a governor, Bush 
showed how a focus on results can improve literacy. As a president, he 
wants that approach to guide increased foreign aid to the world's destitute.

That said, there is a godforsaken chasm in the Bush landscape, the 
president has yet to issue one pardon or commute one sentence -- despite 
the large number of first-time, nonviolent drug offenders in federal prisons.

Conservatism demands harsh justice for the worst offenders -- murderers, 
rapists, drug kingpins. There was a time when American courts weren't tough 
enough with these thugs, and it took conservatives to upend abuses.

Conservatism, however, also respects restraint in government. A restrained 
government uses prisons to protect the public and punish offenders. 
Unrestrained government overly sentences nonviolent drug offenders whose 
biggest crime was acting, well, stupid.

A just sentencing system distinguishes between drug kingpins and their 
errand runners. Contrary to that spirit, federal conspiracy laws designed 
to sentence drug ring capos for crimes committed under their direction are 
being used to make messengers and girlfriends serve extra time for crimes 
their higher-ups committed. It's not conservative; it's insane.

There has to be some sense of proportion to the notion of just punishment. 
Killers who end up on death row earned their punishment. Drug-ring gofers 
deserve two years in the can, maybe three, and more if they've been caught 
before -- but not decades.

When first-time offender Clarence Aaron receives three life sentences -- 
without parole -- because, at age 23 in 1992 he hooked up two drug rings 
for a big deal, it's not justice, it's barbarism.

When 19-year-old Chrissy Taylor is sentenced to 19 years because she bought 
legal chemicals for her boyfriend's illegal drug operation, that's 
government grown too big. And too bad.

When a federal judge has to ask Bush to commute a 27-year sentence imposed 
on first-time crack-ring offender Hamedah A. Hasan because the courts won't 
let the judge cut her prison time, the government has lost sight of 
individual culpability. Or lack thereof.

Julie Stewart started the group FAMM, Families Against Mandatory Minimums, 
after her brother was arrested in 1990 for growing marijuana. Stewart wants 
Bush to be compassionate and conservative -- at least by my definition -- 
for these low-level offenders. The only thing that stands between them and 
freedom, she noted, is the president's signature.

Margaret C. Love was the pardon attorney for Presidents Bush (pere) and 
Clinton. Clinton was too tight with the pardon in his early years. In his 
last weekend, he went on a binge and pardoned a fugitive millionaire and a 
drug kingpin.

Bush Pere, Love noted, pardoned regularly and "really respected the 
process. " He showed how pardons should work.

Compassionate conservatism demands redress. Bush should direct the 
Department of Justice to cull through pardon requests forthwith and select 
worthy offenders whose punishment obscenely outstrips their crime.
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MAP posted-by: Terry Liittschwager