Pubdate: Wed, 10 Apr 2002
Source: New York Times (NY)
Copyright: 2002 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Robert Gangi
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

PATAKI'S DRUG REFORM

To the Editor:

"The Postpartisan Governor" (news article, April 3) mentions Gov. George E. 
Pataki's call to roll back New York's Rockefeller drug laws. While Mr. 
Pataki deserves credit for speaking about the issue, his proposal to change 
these harsh, outdated laws has significant defects.

The governor's plan stiffens penalties for certain marijuana offenses and 
eliminates parole release for all nonviolent offenders. Moreover, the plan 
falls far short of restoring judicial authority in drug cases. Judges will 
have no discretion in cases involving certain weights of narcotics, cases 
in which the offender has violence in his background (regardless of how 
long ago it occurred), and cases involving young people.

These broad exceptions will enable prosecutors to maintain their control 
over the outcome of too many drug cases. Unless the Legislature fully 
repeals the Rockefeller drug laws, district attorneys will be able to 
undermine the good intentions of any reform plan.

ROBERT GANGI,,

  Exec. Dir., Correctional Association New York
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