https://stopthedrugwar.org/chronicle-old/363 /mulligan.shtml

One of Massachusetts' leading jurists spoke out Monday against the state's "drug free zone" law, saying that the two-year mandatory minimum sentence for drug possession near a school does not work, is discriminatory, and corrodes faith in the fairness of the criminal justice system. Judge Robert A. Mulligan, the chief justice for administration and management in the state's courts, told the Associated Press the "drug free zone" law overwhelmingly affected ethnic minorities.

	Judge Mulligan

"I'm not saying that minorities are being targeted, and I'm not saying that the arresting officers are unfair, but I'm saying that the policy itself is not wise," Mulligan said. "The policy has a discriminatory effect." Because there are few areas in any Massachusetts city that are not within 1,000 feet of a school, the law has a disproportionate impact on urban populations, he said. In Boston, for example, "unless you're on the tarmac of Logan Airport, you're within 1,000 feet of a school."

The "drug free zone" law was passed with bipartisan support in 1989 at the behest of then Gov. Michael Dukakis (D). A state sentencing commission, of which Mulligan is a former long-time chair, has proposed eliminating mandatory minimum sentences for drug crimes, but so far no effort to enact the proposal has moved forward in the legislature.

The "drug free zone" law goes far beyond its stated purpose of protecting children, said Mulligan. "The purpose behind school zones is to keep drugs away from schools and that's a legitimate purpose," the jurist explained. "But school doesn't have to be in session, it can be at night, it can be during the summer. So it doesn't really achieve its goals."

Between the disproportionate impact on minorities and the harsh sentencing scheme embodied in the "drug free zone" laws, said Mulligan, the net effect is that "it really increases skepticism in the fairness of the system."

Mulligan's view won support from Leslie Walker, executive director of the Massachusetts Correctional Legal Services, which represents prisoners. Mandatory minimum sentences for drug offenders are a prime factor in rising prison costs, she said.

"It places nonviolent offenders in prison, causing further overcrowding," Walker said. "Those prisoners are ineligible for parole. They complete their entire sentence behind the wall, then they're released to the street without any support or supervision, causing a public safety crisis."

But the "drug free zone" laws still have their defenders. Suffolk Assistant District Attorney Gerry Stewart said the law was written broadly for a reason. "The law has a wide scope in its intent to protect children of all ages," he said.

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