Tuesday, May 19, 2020
Mark William Osler (University of St. Thomas - School of Law (Minnesota)) has posted The First Step Act and the Brutal Timidity of Criminal Law Reform (New England Law Review, Forthcoming) on SSRN. Here is the abstract:
It took decades to partially correct the egregiously wrong 100-1 ratio between crack and powder cocaine in federal law. Marijuana is still a Schedule I narcotic, despite universal condemnation of that categorization. Even when we get it, criminal law reform comes achingly slowly and with brutal timidity, at a stunning cost in lives and freedom. This article explores the grim history of this dynamic in the modern United States, explores the causes, and suggests solutions. It will appear in the New England Law Journal with responses from a variety of legal analysts.