FEDERAL LAW TOUGH ON DRUGS

Rules More Strict Than In State Court

Drug laws are tough in the United States, but the harshest penalties
generally are found in the federal court system, where fewer cases get plea
bargained and convicted criminals must serve 85 percent of their terms
before being eligible for parole.

Drug punishments were not always so harsh, said U.S. Attorney John Suthers,
who served as district attorney in El Paso and Teller counties.

State and federal sentences for some drug and violent crimes doubled in the
mid-1980s after people got tired of lenient judges, Suthers said.

Until the drug laws were stiffened, convicted criminals frequently faced
"indeterminate sentences" in court. That meant a defendant might get a
sentence of five to 40 years for aggravated robbery. With good time credit,
the inmate could get out of state prison in about two years, Suthers said.

The punishment picture changed in the 1980s when most states, including
Colorado, created "determinant sentences." That meant those convicted of
aggravated robbery, or any other class 3 felony, faced a set term of four
to eight years.

By 1986, Colorado lawmakers doubled the length of determinant sentences and
created "minimum-mandatory sentences" for a wide range of crimes, including
drug offenses. A class 3 felony became four to 16 years with a minimum
mandatory term of 10 years for certain offenses.

At the same time, the federal government ramped up its penalties.

"It was all in response to public pressure," Suthers said.

Federal authorities took things further than the state courts by
establishing strict sentencing guidelines. A judge no longer had much say
when it came time to punish a crook.

"After a conviction, the federal sentencing guidelines come in and the
judge has virtually no discretion," Suthers said. "At the state level, even
with minimum-mandatory terms, the judge may have discretion between a term
of eight to 16 years."

Today, those convicted in federal court get tossed into a complicated
sentencing formula that takes into account past offenses, acceptance of
guilt and a defendant's cooperation with authorities to calculate a final
sentence.

These calculations often churn out longer sentences than one might find in
state court.

There are fewer plea bargains at the federal level.

"The caseloads are smaller at the federal level so there is less pressure
to plea bargain," Suthers said. "And the Department of Justice guidelines
call for a plea to the highest charge whenever possible."

It is tougher to make parole in the federal system. At the state level,
convicts become eligible for parole after serving 40 percent of their time.

Parole does not become a factor in federal court until a convict has done
85 percent of his sentence, Suthers said.

"If you are a defendant, you want to be prosecuted in the state system
because it has more flexibility in the process."