THE STREET CORNER TRAP

For years now, it has been common knowledge that many of the harsh
drug laws enacted in the 70s and 80s not only do not work, but have
an unfair impact on minorities. That is especially true of a 1987 New
Jersey law setting up 1,000-foot zones around schools where anyone
convicted of a drug crime would automatically be sentenced to extra
time in prison.

The purpose was obvious: to keep drug dealers away from youngsters.
But a commission of New Jersey law enforcement officials, legislators
and a retired judge found more than a year ago that the law was not
protecting children but instead giving blacks and other minority drug
offenders far tougher punishment than whites convicted of the same
crimes. That is just not right.

A study of 90 drug-free zone cases, cited by the commission, showed
that not one defendant had sold drugs to a minor. The commission also
said that 96 percent of those serving time for drug crimes in
drug-free zones were either black or Hispanic. The reason was that in
the cities, where more minority members live, almost every street
corner or sidewalk is within 1,000 feet of a school, while in mostly
white suburban and rural areas it is easy to get outside the
thousand-foot zone. With virtually entire cities inside the drug-free
zones, the commission said, urban drug offenders have no incentive
for staying away from schools.

Legislators quickly promised corrective action. An Assembly committee
approved a measure narrowing the zones and a state senator said
action would be taken in 2006. Nothing has happened on this issue since then.

Shaken by this yearlong lack of action and fearful that penalties in
the 1,000-foot zones will be increased, the New Jersey commission is
about to renew its demand that legislators and Gov. Jon Corzine take
action. What the panel wants is a law that would shrink all drug-free
zones to 200 feet, toughen penalties for those convicted of drug
crimes within that smaller zone and give judges discretion to lessen
penalties when circumstances dictate. The new law would increase
penalties to 5 to 10 years rather than the existing three to five.

When a commission composed in part of officials who have dealt with
the drug problem on a daily basis concludes that a drug punishment
law is neither fair nor serving its purpose, it is time for the
Legislature and governor to change it. Until they do, minorities will
continue paying an unfair price and children will not get the
protection they deserve.