There has been a lot of talk lately, especially in the legal blogosphere, about the new Department of Justice (DOJ) policy on mandatory-minimum sentences for drug offenses. See, e.g., these posts on popehat, volokh, and simple justice. What many commentators are neglecting, however, is the bigger picture: the dubious constitutionality, absolute stupidity, and gross injustice of the failed and racist “war on drugs.” Instead of just reducing sentences for a small class of drug offenses, prior probability favors a bolder approach: Eric Holder and his DOJ lackeys should use their prosecutorial discretion to refuse to enforce these stupid and unjust laws in the first place. After all, just because Congress passes a law does not mean that the executive branch is required to enforce it.
prior probability 