SENTENCING KEY PART OF REFORM

I would like to offer a personal story which might help readers understand
at least part of the reason why the prison system is in its present plight.

In 1997 I represented a defendant named Willie Dailey in Jefferson County
Circuit Court who was charged with selling .136 grams of crack cocaine to an
undercover officer. While this is regrettable, Dailey was obviously not
participating in any major drug transaction.

Willie was given probation on the above charge. Unfortunately, however, the
Alabama Legislature, in an excess of zeal, had enacted two laws (13A-12-250
and 13A-12-270) which enhanced the sentence of anyone guilty of distributing
drugs within three miles of a school or a housing project to five years
without probation. Dailey was sentenced under both of these mandatory
enhancement provisions.

Your editorial comments have been correct regarding the critical need to
rethink our criminal sentencing laws, particularly for drug offenses. At
times our state Legislature, in its eagerness to be (and appear to be) tough
on drug offenders, has acted unwisely and without fully considering the
implications of the laws which they pass. The enhancement laws under which
Dailey was sentenced are surely examples of this.

Willie Dailey had, in October of last year, served five years for selling
.136 grams of cocaine. To release him would in no way lessen public safety
and would be a step toward reducing the overcrowding that the state is under
court order to alleviate.

William A. North
Birmingham