Legal Commentary

Rockefeller Drug Laws: Big Changes Ahead

By Jeralyn

In the good news department, New York's draconian Rockefeller drug laws are expected to take a big blow this week as the legislature is poised to pass new laws granting judges more discretion in sentencing.

The Assembly is expected to pass legislation on Tuesday that would once again give judges the discretion to send those found guilty of having smaller amounts of illegal drugs to substance-abuse treatment instead of prison and allow thousands of inmates convicted of nonviolent drug offenses to apply to have their sentences reduced or commuted.

Meanwhile, the governor’s office is preparing legislation that it plans to present to Senate leaders on Monday that would also give judges discretion in sentencing, according to a senior administration official involved in drafting the bills. But for now, the governor is not taking a position on whether sentences should be reduced for some prisoners.

Mandatory minimums were a terrible and unjust solution to the problems that plagued New York in the '70's. I hope the legislators hold firm and make relief retroactive to those already serving these awful sentences. [More...]

Some prosecutors are opposed:

“The district attorney’s input would be taken out of the equation,” said Bridget G. Brennan, the special narcotics prosecutor for New York City. “When I look at cases, I want to have the discretion as gatekeeper, to make sure that somebody I put back out in the community is not going to pose a public safety threat. A district attorney has a much clearer picture of a community’s concerns.”

Baloney. She doesn't want to be a gatekeeper, she wants to be the judge, and it's not her job.

Full post as published by TalkLeft on February 28, 2009 (boomark / email).