Q.

One in nine black men ages 20 to 34 in the US is incarcerated. Is that a judicial system problem?

A.

The use of mandatory minimum statutes has had a very adverse effect on the overall system and I think generally, the so-called war on drugs has emphasized more severe punishment than is appropriate throughout the country. There are some instances where penalties are so disproportionate that they could well violate the Eighth Amendment.

Canada is now, sadly and inappropriately, moving toward mandatory sentences, just as even the most conservative American states are dumping them.