Aggressive Criminal Defense

Decriminalization – Let’s Talk About It (Part Five)

 

Will Decriminalization Happen in Michigan?

Michigan is hardly teetering on the cusp of decriminalization. But there are signs, glimmers in the distance if you will, of change on the horizon. Of a future, however far away it may be, in which we treat addicts like people who need help, and not like criminals. A future in which we address the root cause of problems, not the symptoms. A future in which we work to reduce harm to all the residents of our state, and maybe one day, our nation.

It has long been known that the war on drugs has failed. Almost five decades in, and the number of people using drugs has skyrocketed, as has the number of people incarcerated for drug-related offenses, and the number of people battling drug-related illnesses. Obviously, this isn’t working. But these facts appear to go unnoticed by law enforcement. Disregarded by officials who clamor for longer prison sentences and more crackdowns on drug users. But not all of them.

In 2013, Attorney General Eric Holder made unprecedented comments regarding America’s war on drugs. He announced that the Justice Department no longer intended to charge low-level drug offenders with severe mandatory sentences. He also said that he was in favor of the release of particular nonviolent elderly prisoners, that he supported the federal courts leaving the majority of the drug-related issues to the local and state courts, and that he hoped to eliminate certain mandatory minimum sentences. He even described the war on drugs as “a kind of decimation of certain communities, particularly communities of color.”

The tide is turning. More and more people in positions of power are taking note of the facts. Seeing the results for what they are – an epic failure. So what does this mean for Michigan’s future? And what form is it likely to take?

The legalization of medical marijuana in the state of Michigan was brought about by a dedicated process of public awareness and education leading to more informed voting by the people. While there are still pockets of the state population that have resisted the change, more and more communities are embracing it with each passing year. But it would never have happened if we hadn’t been able to point to someone else’s experimental success with this issue. To say, “Look at what they’ve achieved! Look at how well it’s worked out!”

In 2011, Seattle introduced a pilot program called Law Enforcement Assisted Diversion. LEAD aimed to find alternative solutions for drug addicts, helping them to kick their habits and reintegrate back into society instead of bouncing back and forth between jail and the streets. Four years into the program, they are already seeing results. A 60% less chance of recidivism. Plus a reduction in costs associated with housing arrestees at the jail, and processing them through the court system.

Governor Snyder’s “smart justice” plan, while not as socially focused as LEAD, is pointed in the right direction. In a written letter to the Legislature, Snyder explained his plans, saying, “we should allocate our resources to address the root causes of criminal behavior, such as mental health issues, substance abuse, child neglect and truancy, which can prevent crimes from happening in the first place.”

Bingo. By treating people like people, and not like criminals, we can make a difference. By offering respect and kindness, instead of incarceration, we can change the course of thousands of lives. By working towards a future in which decriminalization is a possibility, however remote, we offer hope for better lives, lower crime rates, and fewer addicts. So don’t give up hope. Michigan can make a difference.

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