Pages

May 21, 2012

Texas Grandma Sentenced to Life Without Parole for First-Time Drug Offense

Texans can sleep more soundly at night knowing that Elisa Castillo, a grandmother and nonviolent first-time drug offender, is serving a life without parole sentence in Fort Worth. Yes, you read that right — the latest casualty of our War on Drugs is a grandmother who never even touched the drugs that sent her to prison. Though she may not look like public enemy No. 1, our persistently illogical criminal justice system has determined that this harsh punishment fits her crime. The truth, though, is that her fate was sealed, in large part because she didn't have a card to play when negotiating her sentence.

Convicted in a drug-smuggling conspiracy, 56-year-old Castillo maintains that she didn't know she was being used as a pawn in a cocaine trafficking operation between Mexico and Houston. Given her alleged role as a low-level player in the conspiracy, it makes sense that she was not privy to — and therefore could not provide — any valuable information to federal agents that could lead to the arrest and prosecution of the leaders or other high level members of the alleged conspiracy. Since she was of no help to the government, Castillo received the harshest sentence of the approximately 68 people involved in the scheme, despite being a first-time offender who never saw the drugs she was accused of trafficking.

It is well known that state and federal sentencing schemes allow for reduced punishment when offenders are able to provide information that leads to the prosecution of others. As former federal prosecutor Mark W. White III explained, "Information is a cooperating defendant's stock in trade, and if you don't have any…the chances are you won't get a good deal." But at what cost are these bargains made? There are clear incentives for law enforcement officials to seek information from criminal suspects when possible. But this system of trading information for reduced time often means that those at the bottom of the chain end up suffering consequences that are disproportionate to their crimes. As such, Castillo was effectively left to die in prison because of what she did not know.

In the past year, the national conversation about the failure of the War on Drugs has grown, but Castillo's case proves that we have a long way to go in reshaping the unnecessarily punitive sentencing laws that lead to the long-term incarceration of offenders who pose no threat to public safety. In light of the limited resources available to states in the aftermath of the recent fiscal crisis, it is both overly expensive and completely illogical to impose such a draconian and unnecessary sentence on someone who was convicted of playing so small a role in a drug smuggling conspiracy. And yet, within our criminal justice system, it's par for the course.

13 comments:

  1. Me no no-ting,me no speak English.Yeah right,this Castillo woman is another Mexican drug dealer.Good riddance.

    ReplyDelete
  2. Three words: Prison-Industrial-Complex.

    DanD

    ReplyDelete
  3. Welcome to the Jewnited States of Amerika.

    ReplyDelete
  4. Why don't we finally legalize all drugs? Are YOU afraid that you will become a heroin addict?? Of course not! Only fools will go there, whether it's legal or not. Let the fools eliminate themselves, and save us taxpayers from ever exponentiating costs (the drug laws are VERY costly, both in $$ and in lives). Without a big profit incentive (created by the laws, not by the drugs), organized crime will be robbed of a major source of income. And we'll need half the prison space and guards, and half the police. What good is a "free" country without freedom? If you really want the government to decide what is good for you and what isn't, then you really are an imbecile. Let's legalize freedom, and so many of our problems will simply disappear.

    ReplyDelete
  5. ...they are desperate!

    ReplyDelete
  6. The article should have at least told us what she did. How did she get involved in this? Why does the reporter (unnamed?) say she did not know she was involved in drug trade? And why call her a grandmother, to make her sound extra nice and bring up associations with dear old ladies no doubt. But all that aside I agree that convicts should not be offered lower sentences in exchange for information, and that life without parole was probably too harsh, though its hard to be sure since it is not explained what her crime was.

    ReplyDelete
  7. I think a few details have been omitted.

    ReplyDelete
    Replies
    1. You hit the nail on the toe jam sir! More than a "Few" I believe too!~

      Delete
  8. Are u sure she is innocent? Any solid proof? She's Mexican? U dont even have to bother then. 100% she was involved in that... Bye, bye, moron!

    ReplyDelete
  9. Whether or not she is innocent, it's revolting that sentences depend, not on actual justice, or on a fixed (and realistic) tariff, as it were, of the crime - but on whether or not the defendent can help the police. So much for justice.

    Drugs should be legalised. Look at what happened in America when alcohol was prohibited. Legalise drugs, end the poblem. (And gain about $4 billion a year in taxes.) Legalised drugs will take control out of the hands of the gangs; will stop so much violence; will stop people dying from tainted products, will bring the price down, thus stopping a lot of burglaries. Will keep hundreds of thousands of people out of prison, thus letting up on the pressure faced by the penal system. Making drugs illegal has benefitted only the gangs. Legalising drugs may not be great, but it's realistic, and workable, and some of the profits can be used to help addicts. It's a bit like the abortion law - a necessary evil.

    ReplyDelete
  10. Anybody that wants to see a wacko conspiracy theory should take a look at federal drug conspiracy laws, the sentencing guidelines and forfeiture that go with it. Particularly how screwed up the sentencing guidelines are. The first thing you'll notice is how often things like this happen, and how many innocent people lose their homes and property and freedom.

    ReplyDelete
  11. this isnt surprising. amerikkas prison sentences are far too long. in the u.k this woman would have walked

    ReplyDelete