.c The Associated Press

Michigan's drug lifer law has been the subject of political debate, public
hearings and legal battles that have been fought all the way up to the U.S.
Supreme Court.

The law, enacted in 1978, was designed to punish major drug dealers, but
defense lawyers and even some prosecutors and judges claim it has instead
caught lowlevel couriers, mules and addicts, many of them young, some of
them firsttime offenders.

``When the law was originally passed, it was hoped we would get the kingpins
and have a real impact on drug activity,'' said John O'Hair, prosecutor in
Wayne County, which includes Detroit. ``The reality is we didn't stop it at
all. We probably missed a greater percentage of those who are the kingpins.''

``We did catch some people,'' he added, ``who don't deserve to spend the rest
of their lives in prison.''

Under the law, people convicted of delivering or conspiring to deliver 650
grams or more of cocaine or heroin about 1.4 pounds are sentenced to life
in prison without parole.

The U.S. Supreme Court upheld the law in 1991 by a 54 vote. In 1992, the
Michigan Supreme Court struck down a provision that requires mandatory life
for possession of 650 grams of more making parole a possibility. The
sentence for delivery and intent to deliver remained intact.

Federal laws, in contrast, are far less severe: Delivery of 100 grams up to 1
kilogram of heroin and 500 grams up to 5 kilograms of cocaine is punishable
by a fiveyear mandatory minimum sentence.

The Michigan Department of Corrections said that as of last November, 237
drug offenders had been sentenced to life terms either for possession,
manufacture or selling of narcotics. Of those, 205 still were behind bars
under the original sentence.

Of those 205 inmates, 86 percent had no prior prison record in Michigan, the
state said. The average age at sentencing was 33.

State Sen. William Van Regenmorter has introduced legislation offering a
narrow range of conditions that would allow offenders the chance of shorter
terms.

Under his proposal, those convicted for the first time who cooperate with
authorities in providing information to track drug rings or lead to kingpins
could receive less than life imprisonment, but would serve at least 15 years.
And those already serving life could be eligible for parole after 15 years if
theirs was a first conviction and if the prosecutor and judge in their case
approve.

The law already has been revised for juveniles tried as adults. Judges now
have the option of imposing a minimum 25year sentence rather than life.

Critics say the proposed revisions are too restrictive, keep intact a
punishment that far outweighs the crime and allow drug offenders to escape
life behind bars only by becoming informants, risking retaliation.

``The whole purpose of his bill is to codify the use of snitches in
prosecution cases,'' said Elizabeth Jacobs, a defense lawyer who heads a
group called Attorneys Against Excessive Mandatory Minimums.

As for those already in prison, Jacobs is also pessimistic.

``I'm saying you'll sit in jail for the rest of your life and be eligible for
parole and you're never going to get it,'' she said. ``I'd like the parole
board to prove me wrong.''

Van Regenmorter disagrees, saying it is logical to seek cooperation in
exchange for leniency. He also says a 15year term would dramatically change
the law, but understands the impatience of loved ones of inmates pushing for
their immediate release.

``I think it's natural, it's laudable, but it's unrealistic,'' he said.
``What we are ... trying to do is blend justice with some mercy.''

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