The United States has more people in prison, per-capita, than any other developed nation, see graph below. Our rate is double Russia’s, and barely below Cuba’s. About 38% of our prisoners are black. That’s a sign of cultural differences or systemic racism; perhaps both.

A major reason for our high prison rate is our huge minimum sentences. In Michigan, as most states, if you possess a firearm when committing a felony or an attempted felony, two years minimum are added to your sentence. The judge’s only allowed input is to add time, or to drop the felony charge. By law, two years minimum have to be added before (not during) the sentence for the underlying felony. It increases to 5 years minimum if you have a prior conviction, and 10 years if you have two or more prior convictions – on top of whatever the Judge decides for the crime. Typically, for a repeat offender, the judge will sentence zero for the felony, because 10 years is enough. Or he will drop the felony charge. The standard penalty, is either the huge minimum, or zero. About 25% of those in Michigan prison, are serving this minimum. Many others who should have gotten a month, or a year, were let go with nothing to avoid giving the minimum -crazy.

These laws are specific to guns. No other deadly weapon is treated this way. A knife assailant serves the sentence for the assault only with adding 2 to 10 years minimum. We could go a long way to reduce the prison population if this add-on were moved or severely shortened. I’d like it shortened to 3 months, and broadened to all deadly weapons.

Minimums serve a purpose, I think, preventing violent felons from going free with a good sob-story. But our minimums too long to prevent crime and now only prevent rehabilitation. After ten years in prison, released felons have no life to return to, and no family. The only life they have is crime. It’s been speculated that our huge minimums make felons more violent. Saint Thomas Moore theorized this in the 1500s: A criminal facing a long prison sentence might as well kill the witnesses and hope to escape.

The Michigan State shooter,who killed 3 last week was a felon whose charge was dropped to avoid sending a mentally unstable black man to prison for 2 years. Anthony McRae, had a history as “a hell-raiser,” and was known to be mentally unstable. He had been shooting his gun outdoors near his home, and upon arrest was in possession of a concealed, loaded gun with no permit. These could be changed as firearm felonies, punished by 2 years minimum, or the Judge could drop the case, leaving McRae with his gun. The judge dropped the case, and returned the gun. McRae went on to kill with it. If the minimum were lower, 3 months say, I believe the judge would have convicted Mr McRae’s to that minimum, and taken his gun.

As it was, the judge was faced with the choice of ordering 2 years or nothing.

Our drug sentencing minimums are too high too, especially for “bad drugs.” These carry a 5 to 10 year minimum sentence with no chance for parole. But “dad drugs” are often the ones black people take: LSD, Crack, Heroin, and Methamphetamine. The drugs white politicians take are treated leniently, e.g. mayor Ford of Toronto, or Hunter Biden. I think we’d do everyone a favor by reducing drug minimums, even for bad drugs; for this, too, 2-3 month minimums should do with the judge having discretion to add.

There should be a maximum sentence too, I think, to stop hanging judges. And there should be rehabilitation, but it’s not clear we can manage that. The unions have opposed work-rehabilitation, calling it slave labor. Leader Dogs for the Blind allow prisoners to train guide dogs; it does wonderfully, but something bigger is needed. Lacking good rehabilitation, the smallest sentence that serves as a deterrent is what we should aim for.

Robert Buxbaum February 22, 2023. The original design of Sing-sing included work-rehabilitation in many crafts. The unions complained, and rehabilitation was stopped. Sentencing is a tough balancing act.