I'll give you one example. Mr. Moore talked about balance. Having hard and fast rules that prevent something isn't balanced. It's unbalanced. That's why the restrictions on conditional sentences have been found unconstitutional.
In one of my cases I represented a very young Black man. He was found with a gun. He wouldn't have been eligible for a conditional sentence under the old legislation, but he was because it was found to be unconstitutional. He had a minor record. He was on bail for over two years on house arrest. He had engaged in a community. He had made contacts with culturally appropriate rehabilitation efforts. He had taken responsibility. He had done everything you would want someone who has made a mistake to do, recognizing the harm that he had e caused on his community.
Also taking into account his cultural background—we had an enhanced pre-sentence report that dealt specifically with systemic discrimination in the community that he was from. He was granted a conditional sentence with house arrest, reporting to a judge, constant monitoring and making sure he followed through on programming. It is a harsh sentence and maybe even a longer sentence than if he would have just gotten a jail sentence. This is a man who now is going to be able to contribute and be reintegrated, rather than a man who's going to spend two years or longer in jail, learning the exact skills we do not want to teach young men who have made a very tragic mistake.