Crime, Courts and Judicary, Law Enforcement
I Told You So: MIP Stance Vindicated by the Courts I have been immersed in a lonely struggle for years in the Michigan Legislature. I swim against a strong tide, a misguided wave of zero tolerance to youthful transgressions that has resulted in the unfair criminalization of many kids.
September 02, 2008 by Senator Michael Switalski
A vaguely written law in the hands of an unscrupulous prosecutor can be a blunt and arbitrary instrument. Without much thought, we have made sexual offenders out of innocent Romeos and Juliets. Kids sneaking a beer at a house party have been branded with criminal records. Kids with a fake ID at a bar have been charged with identity theft.
It's not really fair, but few people are willing to stick up for kids. If you argue against such laws, you expose yourself to the charge that you aren't tough on crime. Most people have little sympathy for underage drinkers, especially because it is so easy to confuse Drunk Driving, a serious crime, with the minor misdemeanor of underage drinking at a bonfire. Politicians exploit this confusion, so many prosecutors and judges vie for the reputation of being the toughest on youth.
Then they campaign on it.
And after all, statistically, very few 18-21 year olds vote. Perhaps these politicians have forgotten their own behavior as youths. Perhaps they only crave the superficial popularity of being "tough." But people who have been on the other end of these draconian policies, both parent and child, see the injustice clearly.
I lost one of these battles a few years ago when we redefined the meaning of "possession" in the Minor in Possession of Alcohol statute. The courts ruled that 19-year olds could drink legally in
Now when you return from
Anyone who refused was given a $100 ticket.
In one celebrated case, an 18-year old girl left a graduation party and went home to sleep. Police later busted the party, and found the purse she’d left behind. They went to her parents' house at
She passed.
And she sued.
As I argued during the debate on the MIP statute, the government is forbidden by the 4th Amendment to the Constitution from conducting unreasonable searches without a warrant. Random breath tests of kids on the street or in a house are unconstitutional. With the help of the ACLU and
"I first became aware of this statute in 2000, and I just about fell out of my chair when I read it," continued Moran. "No other state had a law like this. The ruling was a big victory for the constitutional rights of young people."
I feel vindicated.
Underage drinking is a problem, but it is youthful misbehavior that needs to be managed within acceptable limits. Kids must know that it is strictly forbidden to drink and drive, but that simple underage drinking will be dealt with through graduated sanctions somewhat below Capital Punishment.
Sanctions should be proportionate to the crime, and the Zero Tolerance approach which includes thousands of dollars in court costs and probation fees, a criminal record, and jail time turns kids into criminals and creates contempt for the law.
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Sen. Thomas comments on the need to establish mental health courts
May 28, 2008 by Zack
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During yesterday's budget negotiations, Sen. Buzz Thomas made the following statement about the importance of creating and funding mental health courts as part of the Judiciary budget:
During committee and throughout much of this process, there was a proposal put forward that I believe would have created a cost-effective means for our state’s criminal justice system, and it would have saved substantial monies for Michigan taxpayers. It would have created mental health courts and used other diversion services. At a time when we have so many uninsured and so many folks suffering mental illness without getting appropriate care, I believe that spending a small investment of resources through our budgeting process would have made sense.
As you know, mental health courts allow judges to direct people with mental illness charged with minor offenses treatment rather than jail. As lawmakers, it seems to me we should strive to control Michigan’s soaring corrections costs. We should be working to ensure that we make the best use of limited resources and the most appropriate sentencing for offenders. The fact is, however, far too many people who need mental health care, not jail, are serving time rather than getting treatment. Treating people with mental illness appropriately is both more humane and it makes the most of our limited state resources.
The vast majority of individuals with mental illness who are arrested are charged with minor, nonviolent offenses. Many are of them do not have access to appropriate care. When in the acute phase of their illness, they may come in contact with law enforcement and are often sentenced to serious prison terms. People with mental illness are often unable to comply with prison rules. They may then be put into solitary confinement or kept longer in prison because of the conditions associated with their illness.
Proper mental health treatment, it seems to me, can prevent these incidents that land so many folks, unfortunately, into a prolonged stay in jail that adds to our overcrowding. I think that we missed an opportunity. While I am appreciative that there is a placeholder in this particular budget, I think that a more prudent investment of our state’s resources would be to fund mental health courts, and I think this Legislature should appropriately look at that.
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