Collective Ignorance

COLLECTIVE IGNORANCE

Upon any reflection whatsoever, it is clear that the collective ignorance of the Iowa legislature is only surpassed by its unconcern.  They pass laws willy-nilly, the advisability of any particular statute sufficient if it should randomly come to mind of a legislator or some influential donor calls in with a suggestion.

Considering I am a criminal defense attorney, I pay particular attention to the new laws affecting my clients.  The last legislative session there  passed three statutes that deserve mention.  They are the doubling the mandatory sentence for people convicted of a third felony, the restriction of pretrial release, and the banning of warrant resolution clinics.  The last first - -  warrant resolution clinics.  Polk County established a method whereby people with outstanding warrants can appear at a location outside of the courthouse, to address their warrants which could be for such things as a traffic offense or some other minor infraction.  Our legislature forbids this practice insisting those with a warrant be arrested. 

Secondly, the ability of a judge to determine what is appropriate bond, if any, for a newly charged defendant has been significantly curtailed with the apparent presumption that judges can not adequately determine bond. The person who actually has knowledge of the person being arrested and the facts of the circumstances is deemed not sufficient to make such a decision.

Third, for those convicted of a third felony, the sentence will be 20 years with 7 of that mandatory.  Now it is 15 years and 3 years mandatory.  

Those within the criminal system realize that these new statutes will require two new prisons and a significant increase in local jail facilities. Money for incarceration has become the American way.  We don't need proper health care or housing, but we do need more jails and prisons.  

The justification for these increases in incarceration as stated by our governor are several:  1.  standing with the victims, 2. continued criminal behavior demands accountability, and 3. there needs to be real consequences.

What occurs immediately to mind is that  these legislative enactments are grossly nasty with a  total unconcern for the people being charged with a crime.  If one were to reflect on the number of new felonies that our elected representatives enact each year along with the continued prosecution of a vast number of Iowa residents who use marjuana, meth, cocaine, fentanyl, etc., it is obvious that our legislative bodies are clueless or worse cruel.  They profess concern for the citizens of this state, but if you don't do what you are told to do or not do what you are told not to do you are not worthy of that concern - - prison for you.  

Having intimate knowledge of the use of illegal substances in Iowa, it is clear to me that if all who have two previous drug convictions and a little bit of meth on their person for use to maintain their concentration at work and then being pulled over for a traffic offense are prosecuted with a third felony, there will be no possible place to put them all.

A vast number of people who live and work in Iowa use illegal drugs every day.  This can not be disputed by anyone involved in the criminal justice system.  We need to acknowledge this and not by putting more people in jail and prison, but by realizing this is the way it is and accept it.  It is a fact and will continue to be regardless of what our legislature does.  Let's put fewer people in prison rather than more.  Putting people in prison is treating people very poorly and makes for really hard feelings rather than conscientious citizens.  

Richard E. H. Phelps II

Mingo