FROM NEW YORK TIMES WORLD EDITION
OP-ED COLUMNIST
Help Thy Neighbor and Go Straight to Prison
By NICHOLAS D. KRISTOF
Published: August 10, 2013
IF you want to understand all that is wrong with America’s criminal justice system, take a look at the nightmare experienced by Edward Young.
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Stacy Young, in front of the federal courthouse in Chattanooga, Tenn., will be raising four kids alone. Her husband’s “Dickensian” case left him with a harsh sentence.
Young, now 43, was convicted of several burglaries as a young man but then resolved that he would turn his life around. Released from prison in 1996, he married, worked six days a week, and raised four children in Hixson, Tenn.
Then a neighbor died, and his widow, Neva Mumpower, asked Young to help sell her husband’s belongings. He later found, mixed in among them, seven shotgun shells, and he put them aside so that his children wouldn’t find them.
“He was trying to help me out,” Mumpower told me. “My husband was a pack rat, and I was trying to clear things out.”
Then Young became a suspect in burglaries at storage facilities and vehicles in the area, and the police searched his home and found the forgotten shotgun shells as well as some stolen goods. The United States attorney in Chattanooga prosecuted Young under a federal law that bars ex-felons from possessing guns or ammunition. In this case, under the Armed Career Criminal Act, that meant a 15-year minimum sentence.
The United States attorney, William Killian, went after Young — even though none of Young’s past crimes involved a gun, even though Young had no shotgun or other weapon to go with the seven shells, and even though, by all accounts, he had no idea that he was violating the law when he helped Mrs. Mumpower sell her husband’s belongings.
In May, a federal judge, acknowledging that the case was Dickensian but saying that he had no leeway under the law, sentenced Young to serve a minimum of 15 years in federal prison. It didn’t matter that the local authorities eventually dismissed the burglary charges.
So the federal government, at a time when it is cutting education spending, is preparing to spend $415,000 over the next 15 years to imprison a man for innocently possessing seven shotgun shells while trying to help a widow in the neighborhood. And, under the law, there is no early release: Young will spend the full 15 years in prison.
This case captures what is wrong with our “justice” system: We have invested in mass incarceration in ways that are crushingly expensive, break up families and are often simply cruel. With less than 5 percent of the world’s population, the United States has almost one-quarter of the world’s prisoners.
This hasn’t always been the case, but it is the result of policies such as mandatory minimum sentences since the 1970s.
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