Kristy Yang
Mass incarceration is undoubtedly a problem for Wisconsin, especially Milwaukee County. Why are so many young men and women of color ending up in our prison system?
It’s a fair question. There have been many articles written that would suggest race is an overshadowing factor in sentencing.
The concept of judicial discretion is an open ended one. Judges don’t all act in accordance in sentencing for like crimes. In addition, limits are placed on how judges can conduct sentencing. A judge’s decision must consider the “rule of law.”
However, because of mandatory minimum sentencing legislation, some of the latitude judges once had have been limited. There was a time in this country where judges could almost without any consequence sentence based on mitigating factors.
A first-time offender may be as likely to end up in jail for non-violent drug offenses as a first-time offender who commits a violent offense. We come full circle where for certain crimes, especially drug crimes, judges have statutory mandatory minimum direction.
The power reposed in judges is evolving again. There continues to be matters that a judge isn’t bound by precedent or rule that have been established by statutes. And the appellate court provides oversight. Therefore, it is critical that we, as citizens, take the election of judges very seriously. You have the right to expect that judges will use their discretion in a fair and even handed manner.
Our justice system is serious business; we must pay attention to the people we elevate into positions of judging all of us.
