SENTENCES MUST MAKE SENSE

Talk about hypocrisy. State leaders are pleased New York's highest court
just affirmed the "three strikes-and-you're-out" law is a good measure to
keep repetitive felons behind bars for long periods of time.

The case involved a man convicted of multiple thefts. Judges should look at
the offender's history when determining the proper sentence. If people are
repeatedly committing crimes, they should get a longer prison sentence
than, say, first-time offenders.

Yet, state lawmakers have been inconsistent about giving judges that
authority. For example, under the state's Rockefeller drug statutes passed
decades ago, judges don't have that latitude in all cases. Over the years,
numerous judges have spoken out against the mandatory minimum sentencing
requirements of the state's drug laws.

It's true that, last year, state lawmakers approved changes to some of the
most egregious aspects of the state's drug laws - but their work fell far
short of total reform.

The state reduced the mandatory prison terms for people caught in the
toughest of the drug statutes. In those cases, convicts had been facing 15
to 25 years to life for some first-time offenses, such as possessing four
ounces of cocaine. Some rapists and murderers serve less time. Now some
drug offenders could be sentenced to 8 to 20 years.

But lawmakers need to go further to bring equity to the state's sentencing
laws. Judges should have the ability to sentence some nonviolent convicts
to drug treatment programs rather than prison. Judges should be allowed to
take into account whether someone is a first-time or repeat offender. And
judges should be able to consider mitigating factors, such as the actual
role a person played in a drug transaction. Conversely, state lawmakers
should enable judges to increase the penalties when other factors are
involved, such as when drug dealers are caught carrying guns or using
children as couriers. The most effective aspect of the laws - going after
drug kingpins and hardened criminals who refuse to learn - should be kept
on the books.

But the Rockefeller drug laws are so rigid, they provide no room for common
sense. The state must give judges the ability to ensure fairness in sentencing.