Pubdate: Sat, 18 Jun 2005
Source: Poughkeepsie Journal (NY)
Copyright: 2005 Poughkeepsie Journal
Contact:  http://www.poughkeepsiejournal.com/
Details: http://www.mapinc.org/media/1224

SENTENCES MUST MAKE SENSE

Talk about hypocrisy. State leaders are pleased New York's highest court 
just affirmed the "three strikes-and-you're-out" law is a good measure to 
keep repetitive felons behind bars for long periods of time.

The case involved a man convicted of multiple thefts. Judges should look at 
the offender's history when determining the proper sentence. If people are 
repeatedly committing crimes, they should get a longer prison sentence 
than, say, first-time offenders.

Yet, state lawmakers have been inconsistent about giving judges that 
authority. For example, under the state's Rockefeller drug statutes passed 
decades ago, judges don't have that latitude in all cases. Over the years, 
numerous judges have spoken out against the mandatory minimum sentencing 
requirements of the state's drug laws.

It's true that, last year, state lawmakers approved changes to some of the 
most egregious aspects of the state's drug laws - but their work fell far 
short of total reform.

The state reduced the mandatory prison terms for people caught in the 
toughest of the drug statutes. In those cases, convicts had been facing 15 
to 25 years to life for some first-time offenses, such as possessing four 
ounces of cocaine. Some rapists and murderers serve less time. Now some 
drug offenders could be sentenced to 8 to 20 years.

But lawmakers need to go further to bring equity to the state's sentencing 
laws. Judges should have the ability to sentence some nonviolent convicts 
to drug treatment programs rather than prison. Judges should be allowed to 
take into account whether someone is a first-time or repeat offender. And 
judges should be able to consider mitigating factors, such as the actual 
role a person played in a drug transaction. Conversely, state lawmakers 
should enable judges to increase the penalties when other factors are 
involved, such as when drug dealers are caught carrying guns or using 
children as couriers. The most effective aspect of the laws - going after 
drug kingpins and hardened criminals who refuse to learn - should be kept 
on the books.

But the Rockefeller drug laws are so rigid, they provide no room for common 
sense. The state must give judges the ability to ensure fairness in sentencing.
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