Tag Archives: crime

But is justice being served?

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Families Against Mandatory Minimums (FAMM) is an advocacy organization that pushes for criminal sentencing reform. They have had successes:

Twice since 2011, FAMM and its members have successfully campaigned for the U.S. Sentencing Commission to reduce guideline sentences for drugs—and to make those guideline changes retroactive. In 2011, the Commission voted to make its FSA-conforming amendment retroactive, a policy change that affected 12,000 federal crack-cocaine prisoners. In 2014, after receiving more than 60,000 letters, the Commission voted to make All Drugs Minus Two apply retroactively, allowing more than 40,000 prisoners to petition for resentencing.

I think the very fact that the U.S. Sentencing Commission can even consider retroactively changing sentences implies that the sentences themselves were most likely unjust. Furthermore, this problem seems to be inherent in crimes which have no identifiable victim. Since there is no identifiable victim, there is no basis for which to calculate damages. And since there is no basis to calculate damages, what foundation is there for deciding a sentence?

It is thus absurd to designate punishing victimless criminals under the rubric of “justice.” Really, justice has nothing to do with it; rather, punishment in this case is a tool that the state uses for social engineering purposes. Incarceration is not about giving the offender what is due to him, it is about bending the individual to the will of the state. Once this is generally realized, we can begin the move towards victim justice, rather than this confused notion of criminal justice.