News (Media Awareness Project) - US NY: PUB LTE: States Drug Laws Never Achieved Intended Goal |
| Title: | US NY: PUB LTE: States Drug Laws Never Achieved Intended Goal |
| Published On: | 1999-04-22 |
| Source: | Times Union (NY) |
| Fetched On: | 2008-09-06 07:50:15 |
Yet, after trial, judges have no choice but to impose these sentences
under our mandatory imprisonment laws. If convicted, the same offender
who may have been offered a pretrial plea requiring a minimum of three
years in prison, now faces a minimum of at least 15 years in prison.
Something is very wrong with a justice system where a district
attorney indicates that three years is enough prison time for an
offender today, but where a 15-year sentence must be served if that
same person chooses to go to trial and is convicted.
The convicted offender's criminal background, the role played in the
transaction, or life circumstances cannot even be considered, since
the trial judge has no choice but to impose that sentence.
It is not just those who sell or possess the most drugs who must serve
long prison sentences.
In fact, there are now over 22,000 inmates locked up in New York state
prisons for drug crimes, many serving maximum sentences of at least
five years, far too long for the minor role that the vast majority
play in the drug trade and who are readily replaced. So many of these
offenders are drug addicts who would benefit far more by a mandatory
residential drug treatment program. Society would benefit too by
reduced recidivism and costs well below the $30,000 a year that
taxpayers spend to keep thousands of nonviolent drug offenders locked
up.
Until the drug laws are reformed to give judges the option, after
consultation with the district attorney, to impose alternative
sanctions, including drug treatment, New York state will continue on
its failed drug law course.
As a supporter of these drug laws when they were enacted 26 years ago,
I can safely say that the sad reality is that they have not achieved
their goal -- to drive the drug dealers from our streets.
New York state can no longer afford to unnecessarily send thousands of
low-level drug offenders to prison.
Our drug laws must be significantly reformed now.
JOHN R. DUNNE
Albany
The writer is former assistant attorney general under President Bush
and now heads the Campaign for Effective Criminal Justice
under our mandatory imprisonment laws. If convicted, the same offender
who may have been offered a pretrial plea requiring a minimum of three
years in prison, now faces a minimum of at least 15 years in prison.
Something is very wrong with a justice system where a district
attorney indicates that three years is enough prison time for an
offender today, but where a 15-year sentence must be served if that
same person chooses to go to trial and is convicted.
The convicted offender's criminal background, the role played in the
transaction, or life circumstances cannot even be considered, since
the trial judge has no choice but to impose that sentence.
It is not just those who sell or possess the most drugs who must serve
long prison sentences.
In fact, there are now over 22,000 inmates locked up in New York state
prisons for drug crimes, many serving maximum sentences of at least
five years, far too long for the minor role that the vast majority
play in the drug trade and who are readily replaced. So many of these
offenders are drug addicts who would benefit far more by a mandatory
residential drug treatment program. Society would benefit too by
reduced recidivism and costs well below the $30,000 a year that
taxpayers spend to keep thousands of nonviolent drug offenders locked
up.
Until the drug laws are reformed to give judges the option, after
consultation with the district attorney, to impose alternative
sanctions, including drug treatment, New York state will continue on
its failed drug law course.
As a supporter of these drug laws when they were enacted 26 years ago,
I can safely say that the sad reality is that they have not achieved
their goal -- to drive the drug dealers from our streets.
New York state can no longer afford to unnecessarily send thousands of
low-level drug offenders to prison.
Our drug laws must be significantly reformed now.
JOHN R. DUNNE
Albany
The writer is former assistant attorney general under President Bush
and now heads the Campaign for Effective Criminal Justice
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