Get-Tough Legislation

The moral crusade against drugs and crime is accompanied by a legislative "get-tough" campaign on the state and federal levels. Although the country doesn't actually have particularly lenient penalties, that is the popular perception. Judicial discretion becomes suspect, because it supposedly allows for mercy and individualized sanctions that are too tolerant. Deterrence and retribution are back, along with the conviction that punishment should be as horrible as the crime, so that it will be feared. There is a move away from parole: A ten-year sentence should mean ten years, not six. By 1983, 43 states have mandated sentences for certain violent crimes, and 29 have similar statutes regarding narcotics. In 1984, the federal government establishes mandatory minimums for federal drug and firearm offenses. A judge can add time to such a sentence but never reduce it, and probation is out of the question.

In some jurisdictions, fixed equations are established for determining the "correct" sentences. The nature of the offense and the history of the accused are used to tabulate the amount of time — often quite long — to be served. Fifteen years for possession of two or more ounces of cocaine, eight years for possession of a machine gun, and no less than 25 years for operating a drug enterprise are just a few examples of these mandated terms. Habitual offenders are also targeted. Their punishment increases substantially with each repeat offense. By the end of the decade, America has the toughest sanctions in the Western world for many offenses.

Patch size scene of "Tiny" at the Somers Correctional Institution, embroidered out of socks while serving time in prison. Raymond Materson, c. 1996-97