Pubdate: Thu, 01 Mar 2001
Source: Watertown Daily Times (NY)
Copyright: 2001 Watertown Daily Times
Contact:  260 Washington Street, Watertown NY 13601-3364
Fax: (315) 782-1040
Website: http://www.wdt.net
Author: Jerome J. Richards ST. Lawrence Co. District Attorney
Referenced:
http://www.mapinc.org/drugnews/v01.n214.a05.html
http://www.mapinc.org/drugnews/v01.n162.a01.html
http://www.mapinc.org/drugnews/v01.n078.a02.html

OPPOSED TO DECRIMINALIZING STATE DRUG LAWS

To The Editor:

In the past number of months several letters by persons opposed to the War 
on Drugs have indicated the war to be a failure.  All seek drastic change 
in our nation's and state's drug laws.

Their argument has now gathered momentum because Governor Pataki Has 
proposed changes to our State Drug Laws.  The argument goes that our state 
prisons are full of convicted drug offenders who are there either because 
it is only their first offense or that they simply do not "deserve" to be 
in prison.

There are may sides to failure, and to success, for that matter. Governor 
Pataki's proposals are unwarranted and an unwise exercise of the 
Executive's obligation to propose just and meaningful legislation for all 
citizens of the State of New York.

The fact is that the convicted drug offenders serving prison sentences in 
our state prisons are there because they have "earned" their way in.  Those 
felons imprisoned as a result of their first and only conviction are there 
because of two reasons.

First, the facts of their particular cases indicated they were heavily 
involved in illegal drug trafficking.  Second, their possession offense was 
of such a significant an amount that prison was the only alternative 
available to stem the tide of damage to society that would have been caused 
by the distribution of the illegal drug, which they possessed.

The truth is, that if the convicted drug felons in our state (not just in 
our state prisons) were held to the highest offense they were alleged to 
have committed, our state prison population would easily double.  New York 
State still works on a theory of rehabilitative justice.  Those convicted 
drug felons serving prison sentences are there because efforts at 
rehabilitation have failed, leaving us only with the option of prison to 
protect us from them.

Drug offenses in New York State cannot and must not be viewed as a problem 
in and of itself.  Drug offenders are almost always involved in other 
crimes besides drug offenses.

Violent crime is a direct and natural result of illegal drug possession and 
selling.  Illegal drug users commit crimes of violence and theft to support 
their habit.  Illegal drug sellers use violence as a means of enforcement 
to protect their business territory, to collect their illegal debts and 
intimidate witnesses into not testifying against them.

What about our youth?  It is the 16 to 25-year-old male age group that I 
deal with on a most consistent basis.  They commit burglaries, forgeries 
and larcenies, not for the money to make a living, but for the means to buy 
illegal drugs.

Legalization or even decriminalizing drugs will not stop them from 
committing the crimes which provide them with the funds to pay for their 
habit.  That's just one small piece of the issue of drugs and our 
youth.  I'm sure I need not delve any farther.

I will join the other 61 District Attorneys of our State and oppose any 
proposal by Governor Pataki or our State Legislature to decriminalize the 
drug laws.

Jerome J. Richards ST. Lawrence Co. District Attorney Canton, NY
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MAP posted-by: Terry F