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| When Will New York Correct Its Mistake? |
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Posted by CN Staff on May 09, 2002 at 22:38:43 PT By John R. Dunne Source: New York Times 
This week marks the beginning of the 30th year of the injustice in New York State's penal system from the enactment of the Rockefeller drug laws. These laws have been roundly criticized as ineffective and wasteful. Ineffective because they have done little to stem the flow of drugs into our communities, wasteful because they are responsible for the warehousing of thousands of New Yorkers in expensive prison cells when community-based drug treatment would serve them better.
I regret that as chairman of the State Senate Committee on Crime and Corrections, I was one of the original sponsors of these laws when they were proposed by Gov. Nelson Rockefeller. The laws were intended to combat drug abuse by providing such harsh sentences for drug offenses that users and dealers would be deterred from continued involvement in drugs. After three decades, it is clear to me and others that this approach has not worked. Instead, these laws have been responsible for a steep and steady rise in the number and proportion of prisoners convicted for low-level, nonviolent drug offenses. Over the past several years a growing number of political, judicial and religious leaders — among them the late Cardinal John O'Connor — have called for a re-examination of the efficacy of these drug sentencing laws. Gov. George Pataki, to his credit, wants to correct some of the gross disparities between sentences for drug offenses and sentences for other nonviolent crimes. But even his most recent proposal would not provide relief to the great majority of the thousands of nonviolent drug offenders who are being warehoused in state prisons. To reform these laws, he needs to put forth a plan that restores to judges their traditional power to fashion sentences appropriate to the individual offense, with the option of diversion to court-supervised, community-based drug treatment. I am dismayed that the state's district attorneys continue to oppose these much-needed and humane reforms. I particularly regret the disproportionate impact the enforcement of these laws has had on minority communities. Despite the consistency of drug use among all races and at all socioeconomic levels, over 94 percent of incarcerated drug offenders in New York prisons are African-American and Latino. The majority of them, not surprisingly, come from New York's poorest and most underserved communities. Instead of investing in education and services that would improve people's lives, we have chosen to invest in prisons. New York now sends more African-American and Latino men to prison each year than it graduates from its state colleges and universities. New York's legislative leaders say they favor reform of the drug laws, but no reform bill has made it to the floor of either the State Senate or the Assembly. Meanwhile, thousands who deserve the chance to overcome their addictions and rejoin their families will be denied the opportunity to do so. Sometimes in a democracy it may take decades to change bad laws. I regret my own lack of foresight three decades ago, but surely there can be no excuse for not understanding the grim consequences of the drug laws now. John R. Dunne, a former New York state senator, is director of the Campaign for Effective Criminal Justice. Source: New York Times (NY) Related Articles: Pataki Proposes Changes To Rockefeller Drug Laws Sadly, Drug Laws Stay It’s Time for Tough Questions About Drug Law Home Comment Email Register Recent Comments Help |
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