Mandatory-minimum law led to surge in federal inmates, spending

May 27, 2011|By MICHAEL HINKELMAN, hinkelm@phillynews.com 215-854-2656
  • Derrick Cain: Jailed till 2017.

BY ALL accounts, Derrick Cain is a good son, husband and father who worked as a pipe fitter.

But in 2001, a friend who sold cocaine told Cain he would pay him if he stored the coke at his house. Cain needed the extra cash so he could help put his wife through nursing school.

Then, in 2005 - just weeks after Lakeesha Cain graduated - cops raided Cain's home and found more than a kilo of coke and a loaded, semiautomatic handgun.

It was Cain's first brush with the criminal-justice system, and despite his being a family man with a good job, his pleading guilty to the charges and his legal ownership of the gun, the judge's hands were tied at Cain's March 2009 sentencing.

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"There's nothing anyone here can do or say to get you below 10 years," U.S. District Judge Legrome Davis said, referring to the mandatory-minimum sentences for the drug offense and related gun charge.

For Cain, 34, the maximum-security prison in Lewisburg, 170 miles northwest of Philadelphia, is now his home. His wife, who was also his high-school sweetheart, says he spends his time working out, chatting up other cons about the stock market and reading tomes on self-motivation. He won't be released until December 2017.

To Families Against Mandatory Minimums (FAMM), an organization that advocates for fair-sentencing laws, Cain is also a "profile of injustice" and the victim of a misguided law passed in 1986 that created mandatory-minimum sentences for federal drug offenders.

In the 25 years since then, the law's been great for federal prosecutors, but not so great for judges and folks like Derrick Cain.

Federal prosecutors here admit privately that mandatory-minimum-sentencing laws can be "draconian," but they have also said that without such laws, it would probably be more difficult to encourage lower-level drug offenders to testify against kingpins and major traffickers.

And that, they say, has helped to remove at least some of the scourge of drugs and violence from communities.

But opponents say the laws usurp judicial power, lead to higher prison costs and are not applied evenly.

"I don't think [Derrick] deserves as much time as he got," said Lakeesha Cain, a pediatric nurse at Children's Hospital of Philadelphia. "He never had any problems with the law before, he had a job, the gun was legally registered and had been in our home for years."

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