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probation

It’s Complicated

July 24, 2020 by Peg Leave a Comment

Sorry! Could not find a pic of 1956 Ford Fairlane Convertible-this one is a 1955. It will help you get the idea.

Gentle Reader, should you have read last week’s column you may recall it involved issues of how our legal system processes non-violent illegal drug users. Well, I know at least one person besides Peg read it as that person sent me an email outlining his views about my views. As I was surprised that anyone had read my article and had even taken the effort to respond to it, I carefully considered his positions. It also helped that the reader has been a good friend of mine for several years and is well informed and thoughtful on issues of public interest. Sometimes we agree; sometimes we do not. However, he, and, I hope I, always respectfully hear out the entire discussion.

To recap last week’s topic, it contained my chance encounter with a convicted drug dealer who is still on probation after doing four years in prison. He shared the details of his crime and current status on his “split” sentence with me after it came out in our generally casual discussion that I, as a trial judge, had the experience of confronting a defendant in court who had stolen my car twenty years earlier. That surreal coincidence developed as set out below.

In 1965 I had just received my honorable discharge from the United States Air Force and had moved to Indianapolis, Indiana with my wife and son. I found a job selling encyclopedias for P.F. Collier Company door to door. One of my co-workers was a young man I knew as Sam whose last name was of the three-syllable type and hard to forget. Sam and his wife were as poor as we were but he fell in love with my 1956 Ford Fairlane convertible. I had paid $350 for it but planned to replace it with a more family suitable model.

Sam implored me to sell him my car for cash with the promise he’d pay me $50 per week for seven weeks as we received our Collier paychecks, assuming of course, that we sold anything. I acquiesced, and gave him the keys and never saw the car again. The next time I saw Sam was when he appeared in front of me charged with a home burglary to which he offered to plead guilty per a deal he and his attorney had worked out with the Prosecuting Attorney.

When I read the pre-sentence investigation a dim light began to glow. In open court, in the presence of Sam’s attorney and the Prosecutor the following colloquy occurred:

            Judge:  “Mr. ( ), your first name is in the pre-sentence as ( ). Have you ever been known as Sam?”

            Sam: “Yeah, that’s an old nickname.”

            Judge: “Mr. ( ), the pre-sentence lists your residence as in the state of Oregon. Did you ever live in Indianapolis?”

            Same (somewhat surprised): “Yeah, but I left there pretty quickly.”

            Judge: “Mr. ( ), when you were in Indianapolis did you ever sell encyclopedias for P.F. Collier?”

            Sam (really surprised): “Yeah, I did.”

            Judge: “Mr. ( ), you stole my car!”

Naturally, I offered to recuse and get Sam another judge and I took a recess so Sam and his attorney could discuss the situation. But, as Sam had had about as much experience with our legal system as I had between 1965 and 1985, he just advised me that he only came to Posey County, Indiana to burglarize a home. Then he told me, “Judge, I just want to get out of your county jail and get back to prison as soon as possible.” After his attorney agreed and with the Prosecutor’s blessing, Sam got his wish.

This true story of how the system handled a defendant led the probationer I told it to to describe how his sentence had afforded him an opportunity to work and support his family versus simply serving out his entire ten-year sentence. In last week’s article I wrote approvingly of a system based more on forgiving 70 x 7 than long-term incarceration. My friend who disagreed with that approach supported his views with sound reasoning, albeit not as sufficient to persuade me.

When I prosecuted drug offenses for seven years my views were similar to my friend’s but after forty years of judging such situations, I find myself doubting the efficacy of spending $20,000 per year of taxpayer funds to house non-violent offenders. However, I do understand those who think the way I used to. I am glad I serve in a legal system and live in a country where all rational views can be fairly debated and tested; that does remain true, right? And I am glad to have friends with the fairness to discuss such matters with an open mind.

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Filed Under: Gavel Gamut Tagged With: 1956 Ford Fairlane Convertible, door to door sales, forgiveness instead of long-term incarceration, Gentle Reader, home burglary, Indianapolis, James M. Redwine, Jim Redwine, non-violent drug users, P.F. Collier, Posey County, pre-sentence investigation, probation, split sentence, United States Air Force

Hope Is The Plan

July 17, 2020 by Peg Leave a Comment

It is not what I have not known that has caused me the most concern, it has been those things I have known for sure that turn out to be wrong. Usually when I have had no doubt of my position on an issue it matters little if the facts belie my stance as only personal embarrassment is the result. However, as a judge, when I have cavalierly approached a problem, say the best way to legally process non-violent drug offenders, real harm may have resulted. At the least, real good that might have been done may not have been.

I do not assert that I now have the answer to what is the best way for a judge, at least one judge, to handle non-violent users of illegal substances. In fact, I seem to have transitioned from absolute certainty that the best way to save the miscreant and society was to slam a prison gate for a significant time to fearing I have no solution.

I am still comfortable incarcerating anyone who harms others physically, police officers for example. But when one harms only him or herself or even engages in the sharing of substances with other consenting adults not for profit, expending significant public resources to prosecute and lock them up no longer strikes me as rational.

While I have spent years helping to prosecute and/or judge many non-violent offenders it was yesterday’s chance encounter with someone on the other side of the Bench that caused my most recent re-examination of my judicial philosophy concerning these issues. This person shared with me that he has already done several years in prison for illegal drug sales to and from acquaintances. He works full-time and helps support his children. He is still on active probation. His sentence is one I might have imposed had he come before me.

Each year of prison cost taxpayers near $20,000 not considering the taxes an inmate could have paid in had he been working those years. This person I was talking with is a skillful and willing workman. Of course, many drug users often have difficulty finding a job or showing up for work and holding on to a job. That is where a good probation system is key. Assuming society does not believe non-violent drug users should be imprisoned for life, all such offenders must be released sometime.

I am acutely aware that almost all low-level non-violent drug offenders are not “first timers”. Often parents, clergy people, police officers and friends have tried to help drug addicts for years before formal legal proceedings are filed. Then, many times an offender is given another chance to rehabilitate themselves, usually with generous allowances made for “backsliding”. But, if the offenders are harming mainly themselves, society is only wasting taxpayer resources to “punish” a repeat offender who sins again. I can attest that it is extremely frustrating to have someone who has been given repeated opportunities fall off the wagon. On the other hand, the alternative simply kicks the can down the road and takes resources away from other more pressing public problems.

Please remember I have already admitted I have no solutions. On the other hand, I think, a cost benefit analysis is not unreasonable. At least with the non-violent drug abuser I spent time with yesterday it appears to be the best answer. I do not offer this approach either as a general panacea or a prophylactic for our country’s drug pandemic. But, if we encourage some to become producers instead of consumers of public resources, the ones who are not redirected will be fewer and we will all be better off.

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Filed Under: America, Drug Use, Gavel Gamut, Judicial Tagged With: absolute certainty, encourage producers not consumers of public resources, fearing I have no solution, hope is the plan, illegal drug sales, illegal drug use, James M. Redwine, Jim Redwine, non-violent drug offender, prison, probation, re-examination of judicial philosophy

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