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News (Media Awareness Project) - US LA: OPED: Well-Connected Get Commutation While So Many Languish in Prison
Title:US LA: OPED: Well-Connected Get Commutation While So Many Languish in Prison
Published On:2007-07-08
Source:Times, The (Shreveport, LA)
Fetched On:2008-01-12 02:30:19
WELL-CONNECTED GET COMMUTATION WHILE SO MANY LANGUISH IN PRISON

American Express commercials used to suggest that membership has its
privileges. I guess having an American Express card can prove
beneficial, but membership in America's ruling class most definitely
has its own set of privileges.

After all, a decent credit rating can warrant a credit card, but only
the right connections and political pedigree earns one the privileges
of being close to power. Such is the case of Scooter Libby. Libby
found himself in a political firestorm and was convicted and sentenced
to prison, but now his privilege has earned him a commutation of his 2
1/2-year jail sentence.

The president in commuting his prison sentence described 30 months for
his convictions as "excessive." How many less privileged convicted
criminals have such fortune? Few, if any.

Commutations of sentences are rare and usually only done after
prisoners have served at least a portion of their time. Not in this
case. Legal scholars on both sides of the political spectrum can
debate the legitimacy of Libby's prosecution, but the most objective
observer can only view this as another example of how justice is meted
out to the powerful and the upper class versus how it's meted out to
the poor and the underclass. As one commentator stated, "the rich get
richer and poor get prison."

Millions of dollars were raised for Libby's legal defense fund with
letters asking the judge for leniency coming from among Washington's
powerful elite. Most American defendants have no such avenue for
resources nor authoritative voices pleading their cases. Many
low-level nonviolent criminals plead out or are convicted aided only
by public defenders who give minimum legal assistance.

No one would suggest that everyone in prison shouldn't be there
because those who have committed the most heinous crimes should be
locked up and the key figuratively thrown away. But most must honestly
agree the field of justice isn't always a level one.

The Republican-appointed judge in this case felt a 30-month sentence
was not out of line. Several career prosecutors also agreed that
Libby's punishment was within the range recommended by federal
sentencing guidelines, but thanks to having the right connections he
doesn't have to spend a night on a cell block.

While the president is well within his constitutional authority to
grant pardons and commute sentences, those with money and access to
power have a better chance of never setting foot in prison.

The term "excessive" is what alarms many because there are thousands
of people rotting in prisons for long periods of time across the
nation for nonviolent crimes. Mandatory minimum sentences, so long
that they may as well be life sentences, and draconian punishments for
minor offenses are routinely overlooked by the same people who
championed Libby's commutation and possible forthcoming pardon.

Take the case of Richard Paey, for example. Paey became addicted to
pain medication after an automobile accident. He was arrested and
tried and although there was never evidence that he sold or trafficked
drugs, he was sentenced under provisions based on the amount of pain
pills he had in his possession when he was arrested. He is now serving
a mandatory 25-year sentence in a Florida prison. Clemency or a
commutation of his sentence probably isn't forthcoming. His case is
being championed as an example of injustice in sentencing, but he
still sits in a prison infirmary.

There are many more Richard Paeys and other unknown names than there
are Scooter Libbys. What is sad is that most Americans are more
interested in how many days Paris Hilton actually spent in stir than
real justice.

I guess the American Express commercial was right. Membership does
have its privileges.

Gregory Hudson of Shreveport is a local minister.
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