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ZEAL TO PROSECUTE VICTIMLESS CRIMES FUELS JAIL, PRISON OVERCROWDING

Holland Township - I applaud Lindsay Lohan's efforts in demonstrating the absurdity of our legal system.  Because of prison overcrowding and her ability to pay bail, she served less than five hours for her latest sentence of 30 days.  Her escapades involving our legal system beg the question: Why is it that in spite of having more prisons than any other country, we still experience overcrowding?

Both nationally and locally we have seen cases where sentences have been reduced and plea bargains accepted in an effort to reduce the strain on an overburdened corrections system.  Seems odd that we also are the country with the most criminals.  The United States has an incarceration rate of 743 per 100,000 nationally ( as of 2009 ), the highest in the world.  In comparison, Russia has the second highest 577 per 100,000.  While Americans represent about 5 percent of the world's population, one-quarter of the world's inmates are incarcerated here.

Our overcrowding problem is a direct result of prosecuting "victimless" crimes.  I would not say that drug use and prostitution do not create victims; certainly drug addiction and a host of problems associated with prostitution have a negative impact on society.  However, by dealing with these issues as criminal offenses we make the problem worse.  Many of the crimes associated with prostitution would not exist if the business was conducted openly in a regulated manner.

The legalization of drugs would actually decrease the number of addicts as the laws themselves are their cause.  In 1925, Dr.  Robert Schless was quoted in the American Mercury magazine regarding then newly instituted drug laws: "Addicts who are broke act as agents provocateurs for the peddlers, being rewarded by gifts of heroin or credit for supplies.  The Harrison Act made the drug peddler, and the drug peddler makes drug addicts."

With regard to marijuana, the argument can be made that contrary to being harmful it is actually a beneficial plant.  It is obvious that our laws regarding marijuana create by far more problems than use of the plant would cause if it was not considered a crime.  However, it is difficult to overcome the status quo.  The tobacco, pharmaceutical, prison, pornography and textile industries are willing to spend huge amounts on lobbying to keep out competition and to increase their business.  But, the costs to society for maintaining these kinds of laws have become too high to ignore.

Bob Schultz

Holland Township