This has been borne out in sentencing studies conducted by the Massachusetts Sentencing Commission, which has found minorities serve a disproportionate percentage of mandatory minimum sentences in the state. Like other mandatory minimum penalties, the school zone law satisfies politician who want to tell voters they won't go easy on criminals, but it does not make practical sense, says New Bedford Attorney John Coyne. It's an idea legislators came up with because they knew it makes them look tough on crime. The idea children are somehow protected by this law is absolutely ridiculous. The law also makes some judges uncomfortable, which is why they often are willing to accept plea bargains dismissing it, says District Court Judge James Dolan.
Some judges feel the application of that charge is overly harsh.
One reason for this, says Superior Court Judge Robert Mulligan, is judges' general dislike of mandatory minimum sentences that take away their sentencing discretion. In a school zone case, if a defendant is found guilty, he or she gets an automatic two years, at least. A judge cannot find someone guilty of the offense and issue a sentence for anything less, even in cases with extenuating circumstances. While Mr. Walsh agrees the law can be overly broad, he does not agree with those who would like to see it repealed. Rather, he considers the threat of the harsh school penalty to be one of the best tools in the prosecutor's tool box.