Federal Anti Drug Abuse Act of 1988 provides enhanced minimum penalties for individuals convicted of dealing drugs within 1000 feet of playgrounds, youth centers, swimming pools, and video arcades. These policies were instituted to prevent drugs from being distributed to young people. Similar laws exist at the state level: - Alabama--selling within a 3 mile radius of any educational institution (including colleges and universities) can get an offender an additional 5 years.
- Massachusetts--2 year mandatory minimum for selling within 100 feet of school zone
- Study of New Bedford, Massachusetts shows that 84% of drug trafficking cases occurred in school zones. However, only 1/443 cases involved sale to a minor, and 70% of incidents occurred when school was not in session.
- The authors of this study concluded that the law does not lead to the better protection of children; it only ramps up penalties for drug offenders.
- Study in New Jersey found African-Americans and Hispanics (27% of the overall population) make up 96% of inmates whose most serious offense is a school zone violation.
- Out of 90 reported cases in this study, none involved sale to minors, and only two occurred on school property
Possible solution? Reduce school zone to 200 feet and increase the penalty from third to second degree in order to punish those offenders who do continue to sell in close proximity to schools. Many judges have expressed their disapproval of "school zone" policies. - "Our system has arrested, imprisoned, and eliminated from the drug market the stupid, unorganized, and less violent drug traffickers and smugglers, thus leaving behind the phenomenally lucrative market open to offenders who are smarter, better organized, and more violent." James Gray, California Superior Court Judge
- 1994 Federal Judicial Center Study: 59% and 69% of Circuit Court and District Court Judges, respectively, were strongly or moderately opposed to keeping mandatory minimum laws on the books.
- 36% of defendants receive downward departure; only 1% receive sentence increases above the maximum. Possibly more evidence of Judges' disagreement with mandatory minimums?
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