Michigan Needs Second Look Sentencing

 Michigan has much longer average prison sentences than other midwestern states in part because of mandatory minimum sentences, and in part because of unchecked judicial activism. Some court's "hands" are tied by legislation that requires long sentences, but sometimes long sentences are handed out as punishment for refusing a plea deal. 

When I was in the county jail awaiting my own sentencing, another prisoner was offered a 12 1/2 year plea deal. He turned the deal down because he claimed he was innocent. I don't know if he was or not, but when he went to trial and lost, the court sentenced him to a minimum of 75 years in prison. That's a 600% increase over what he'd been offered, simply as retribution for refusing a plea. 

Another prisoner I know was offered boot camp, which is a 3 month program. He too turned down the plea deal because he claimed to be innocent. When he lost at trial, he was sentenced to a 40 year minimum prison sentence. That's a 1600% increase, again, simply for turning down a plea deal. If that's not judicial misconduct, I don't know what is. 

The reality is that long prison sentences, like these, are life sentences. Actually, I call them death sentences because they are long enough to result in the prisoner dying in prison. They are what many prisoners refer to as "basketball score" sentences. 

Some states have begun to recognize that lengthy prison sentences do not always achieve the aims of justice. When prisoners reform their thinking and behavior, but they remain in prison for the rest of their lives, it does no good to the community. The cost of keeping them in prison, and the cost of them not being contributing members of society is too high. 

Many of these prisoners have reformed their lives and give back to their communities in prison. These are the prisoners who can be found facilitating classes for younger prisoners, teaching them to change their own thinking and behaviors. They are the ones working to make amends for the harms they've caused, working to better their communities even from within prison. It is not justice to keep these prisoners who have reformed their ways in prison for the rest of their lives. 

The states that have recognized this injustice have begun to pass what is called "Second Look Sentencing" legislation. This legislation allows the courts to resentence prisoners with lengthy sentences who have demonstrated a history of reform. Instead of dying in prison, many of these prisoners become eligible for early release after serving, usually, fifteen years. 

Some advocacy organizations in Michigan are beginning to work with legislators to introduce Second Look legislation in Michigan. It's something Michigan sorely needs. Both of my friends who were sentenced to "death sentences" after refusing plea deals would be eligible for a second look, after serving much more time than they'd been offered in their plea deals. So would the countless others I know who currently anticipate dying in prison, but who still make every effort they can to do the right thing. 

A group of guys I know were recently discussing the chance for Second Look Sentencing. Many of these guys have life sentences, or terms of years that might as well be life. Yet, I could see hope springing up inside them, that perhaps they'd have a chance at life outside of prison after all. Second Look Sentencing could make that possible.

The reality is that we have to decide what justice is. If a prisoner reforms his life and is, at the minimum, no longer a danger to society, should he die in prison? If he has not only reformed but demonstrated a commitment to making things right, to helping younger prisoners reform their lives, should he still die in prison? If reformed thinking and behavior is not the goal of prison, then Michigan's prison system should be called the Michigan Department of Punishment, not the Michigan Department of Corrections.