IN SOME CASES, PROBATION WOULD BE BETTER THAN PRISON

Nobody in Arizona believes everything is all right with its prison
system. That is especially so since the agonizing standoff early this
year at the Lewis facility near Buckeye, which turned into the longest
such siege in U.S. history. Nobody died, but the scars will linger a
long time.

The Lewis incident was but symptomatic of far deeper problems,
according to a new report issued under the auspices of Families
Against Mandatory Minimums.

This is a nationwide organization dedicated to reforming the judicial
system with several goals in mind. Primarily, it wants to loosen the
tough laws that require judges to imprison many who might otherwise
benefit from probation and treatment for drug and alcohol problems. In
the report issued Tuesday, it also expressed concern that Arizona
seems to be locking up women and minorities at disproportionate rates.

Whatever attention this report gets from Arizona's politicians and
populace needs to be counterbalanced by full awareness of its source.
The sponsoring organization is made up of people whose family members
either are or were in prison. It's a rare relative who concedes his
brother or sister or husband or wife really ought to be locked up.
Blood runs thicker than water, and some pretty bad actors would be on
the streets if it were up to their next of kin.

Further, we take exception to the report's assertion that people
convicted of such crimes as drunken driving, fraud and forgery
shouldn't be locked up as much as they are. While drunken driving
might not technically be a violent crime, try telling that to a person
whose own relatives were maimed or killed by some souse. It is a crime
that results in some of the most horrific violence we see on a daily
basis in Arizona. As for fraud and forgery, these growing plagues are
largely fueled by the drug trade and anyone who has been victimized
has a right to expect due punishment for the perpetrators. In other
words, the report could do with fewer crocodile tears.

That said, it deserves consideration nonetheless.

Judges often complain, for example, that their hands are tied when it
comes to issuing long sentences for criminals who might benefit from a
more enlightened approach, especially in drug-related cases. Some
non-violent offenders might fare better on probation than in jail.

But let us be cautious with this. Drug and alcohol therapy is a fine
thing, but society should reserve the right to deal sternly with those
who use their addictions as excuses to harm others. It's also worth
asking why taxpayers should have to foot the bill to treat people who
are reaping the fruits of their own bad choices.

Further, Arizona's new prisons chief, Dora Schriro, came to the job
with lots of good ideas about restructuring prison life to reduce
recidivism and give inmates a chance at succeeding on the outside. Her
ideas will take time but they have worked elsewhere. So it's not as
though nothing is being done to improve the situation.

Families Against Mandatory Minimums has provided a public service in
the form of its report, which we hope becomes part of the process of
turning things around in Arizona's criminal justice system.