I served as a U.S. attorney and understand the law. That's why I believe strongly that the Idaho legislature should consider a 'safety valve' for mandatory drug trafficking minimums.
Idaho’s criminal code tackles drug trafficking, of course, with numerous provisions demonstrating little tolerance. While the federal government—notoriously no slouch when it comes to the War on Drugs—does not consider charging trafficking until someone has 100 grams of heroin, for example, Idaho sets its bar 50 times lower at a mere two grams . And when someone hits one of these drug weight thresholds in Idaho, the prison sentence that comes with it is mandatory, no ifs, ands, or buts.
Legislatures from across the country have adopted safety valves because they understand, and correctly so, that they simply cannot foresee – let alone legislate around – every possible factual scenario attached to a criminal offense set forth in code.if it’s in the interests of justice, such as when a defendant is non-violent, has little to no prior record, and cooperates with authorities.
In other words, safety valves allow judges to make critical, albeit rare, judgments in those instances where the mandatory minimum sentence goes beyond its intended use. Legislatures from across the country have adopted safety valves because they understand, and correctly so, that they simply cannot foresee—let alone legislate around—every possible factual scenario attached to a criminal offense set forth in code.
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