TIME TO REFORM SEVERE DRUG LAWS

It's difficult to dispute that lengthy mandatory sentences for
violating drug laws are unduly harsh and fundamentally unfair. Yet
the required sentencing guidelines continue, without significant change.

Recent election results could offer hope.

Congress, in the past, has failed to act on recommendations from a
federal panel to make the sentencing guidelines more consistent.
Federal law requires a five-year sentence for trafficking in 5 grams
of crack cocaine. It would take 500 grams of powder cocaine to
warrant the same penalty. Democrats are set to take control of both
houses of Congress in January, and should use their newfound power to
rectify this discrepancy.

New York has its own rigid sentencing requirements, known as the
Rockefeller drug laws. Problems with the statutes have long been
recognized and legislators have discussed substantial reforms. But
only modest changes have been made to date.

The laws make no distinction between a drug kingpin and a young
mother desperate for money who serves as a courier. Penalties can
exceed those handed out to those guilty of violent felonies.

With his promise that "everything changes" on day one of his
administration, Gov.-elect Eliot Spitzer has raised hopes the state
will address a number of lingering issues in New York. The drug laws
need to be among them.

Use alternatives to prison

Too often in the state, first-time, nonviolent offenders end up
receiving long sentences. Studies have shown many of them would be
better off in drug treatment, which would improve their chances of
becoming productive members of society and save taxpayers the cost of
keeping them locked up in prison.

The key at both the state and federal level is to give judges more
leeway in considering relevant information about each case before
deciding on a sentence.

A federal judge who once served as a top drug policy adviser to
President George H.W. Bush recently labeled "unconscionable" federal
laws requiring significantly longer sentences for crack cocaine than
for powder cocaine. U.S. District Court Judge Reggie B. Walton, who
once pushed for the tougher penalties for crack, said the disparity
also fosters a perception among minority communities that the court
system is unfair.

Walton's comments came during an appearance before the U.S.
Sentencing Commission, which is responsible for developing sentencing
policy for the federal courts. He noted the federal law wasn't
intended to target the poor or minorities. But it's clear that, both
in New York and nationally, such laws have ended up doing just that.

Judges must be given the ability to use common sense when weighing
sentences in these drug cases.