Pubdate: Mon, 04 Apr 2005
Source: Gadsden Times, The (AL)
Copyright: 2005 The Gadsden Times
Contact:  http://www.gadsdentimes.com/
Details: http://www.mapinc.org/media/1203
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

MINOR CRIMES, MAJOR SENTENCES

Alabama Laws Harsh against Drug Offenders

Most law-abiding citizens favor state laws that get tough on crime. Alabama 
gets tougher on people for minor drug violations than most states in the 
nation. Only one, Mississippi, offers a longer possible sentence for 
first-degree marijuana possession.

Alabama, Arkansas, Georgia and South Dakota have a possible sentence of 10 
years for first-degree possession. In Mississippi, offenders risk more than 
10 years, but in 20 states offenders face three to five years for the same 
offense. In some states, the potential sentence is a year in prison.

A study by the Equal Justice Initiative points to what some perceive as a 
racial disparity caused by the state's harsh drug laws. More than half the 
prisoners locked up for first-degree marijuana possession are black men, 
while nearly three-fourths of felony DUI offenders are white men. Drunken 
driving doesn't result in a felony until the driver has been convicted on 
DUI four times. People face first-degree possession if they have a prior 
misdemeanor drug conviction, or if they possess more than 2.2 pounds of 
marijuana.

The average sentence for a felony DUI offender is 4.8 years, according to 
the Alabama Department of Corrections, while the average sentence for 
first-degree possession of marijuana is 6.4 years. Bryan Stevenson, 
executive director of EJI, said police are more likely to target blacks for 
drug crimes, and minorities are disproportionately poor, resulting in 
weaker defense against charges and longer sentences.

An underlying difference in the marijuana sentences and DUI sentences may 
be the substance being abused by the offender. Alcohol is legal in many 
Alabama counties; marijuana is outlawed in them all.

But when Stevenson says Alabama is "too harsh in the drug context," he may 
be right.

Lengthy sentences for a relatively minor drug crime is a contributing 
factor in Alabama's prison overcrowding situation - something that has 
plagued the state for years and despite serious efforts to combat in recent 
years, remains a problem now.

Even some court officials who don't see the racial disparity Stevenson 
believes is there recognize the need for courts to look for alternative 
sentences and treatment programs for people convicted of minor drug crimes.

As attractive as the get-tough approach to sentencing is, the state must 
get smarter about which offenses earn inmates a long stay behind bars.
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MAP posted-by: Terry Liittschwager