ZEAL TO PROSECUTE VICTIMLESS CRIMES FUELS JAIL, PRISON OVERCROWDING

Holland Township - I applaud Lindsay Lohan's efforts in demonstrating
the absurdity of our legal system. Because of prison overcrowding and
her ability to pay bail, she served less than five hours for her
latest sentence of 30 days. Her escapades involving our legal system
beg the question: Why is it that in spite of having more prisons than
any other country, we still experience overcrowding?

Both nationally and locally we have seen cases where sentences have
been reduced and plea bargains accepted in an effort to reduce the
strain on an overburdened corrections system. Seems odd that we also
are the country with the most criminals. The United States has an
incarceration rate of 743 per 100,000 nationally (as of 2009), the
highest in the world. In comparison, Russia has the second highest
577 per 100,000. While Americans represent about 5 percent of the
world's population, one-quarter of the world's inmates are incarcerated here.

Our overcrowding problem is a direct result of prosecuting
"victimless" crimes. I would not say that drug use and prostitution
do not create victims; certainly drug addiction and a host of
problems associated with prostitution have a negative impact on
society. However, by dealing with these issues as criminal offenses
we make the problem worse. Many of the crimes associated with
prostitution would not exist if the business was conducted openly in
a regulated manner.

The legalization of drugs would actually decrease the number of
addicts as the laws themselves are their cause. In 1925, Dr. Robert
Schless was quoted in the American Mercury magazine regarding then
newly instituted drug laws: "Addicts who are broke act as agents
provocateurs for the peddlers, being rewarded by gifts of heroin or
credit for supplies. The Harrison Act made the drug peddler, and the
drug peddler makes drug addicts."

With regard to marijuana, the argument can be made that contrary to
being harmful it is actually a beneficial plant. It is obvious that
our laws regarding marijuana create by far more problems than use of
the plant would cause if it was not considered a crime. However, it
is difficult to overcome the status quo. The tobacco, pharmaceutical,
prison, pornography and textile industries are willing to spend huge
amounts on lobbying to keep out competition and to increase their
business. But, the costs to society for maintaining these kinds of
laws have become too high to ignore.

Bob Schultz

Holland Township