October 31, 2024
There is actually no evidence that Albert Einstein originally coined the phrase “The definition of insanity is doing the same thing over and over and expecting a different result” but, whatever its source, there is a degree of wisdom in the adage.
And I was reminded of it today. Every month the clerk of the Grafton County Superior Court emails me (and all other criminal defense attorneys in the county) a list of the indictments that the grand jury handed up for the month. As I reviewed the names of the defendants and the offenses, I observed that, of the 33 people against whom indictments were handed up, 22 were facing one or more drug-related charges (including a client I represented in 2010 on a — you guessed it — drug-related charge).
At one sentencing hearing not too too terribly long ago, in response to the State’s sentencing recommendation on a non-violent drug-related offense (which involved a not-insignificant prison sentence) the exasperated defense attorney (that would be me) said: “Judge, do you know how we know that our drug policy isn’t working? It isn’t working.”
I represented thousands of criminal defendants in my 38 years of practice but, at the moment, I hardly represent anyone, what with retirement looming closer every day. But I do hope to work on criminal justice reform in my sunset years. And maybe we could start with creating a new drug policy that doesn’t resemble doing the same thing over and over. Until we do, I promise you, you will not get a different result.