Charlie Buttrey

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.

 

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