Lives are thoughtlessly ruined by long prison terms. Judge Rakoff is critical of the federal judiciary for not speaking forcefully about this outrage. When he singled out Mark Bennett he listed him among several courageous federal district court judges: Paul Friedman of the District of Columbia and Michael Ponsor of Massachusettes. Judges can be convinced beyond doubt that justice would be better served by probation or a short term of incarceration but their hands are tied by laws that mandate imprisonment. Judges know firsthand the manifest injustice of this policy but all too often carry it out in silence. Mark Bennett and the other members of the judiciary who speak up about it are to be commended beyond measure.
Among other things, mandatory minimums are thought to exacerbate racial disparities in the criminal justice system. Judge Rakoff's praise for judges who speak up is welcome but that in itself is a half-measure. No candidate for the bench should be considered qualified without evidence of a demonstrated commitment to equal justice.
That means at the bare minimum that no judge can tolerate the use of mandatory minimum sentences.
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