Posts
by Steve Levy and Thomas Spota
January 7, 2010
Lawmakers and editorial writers collectively hailed last year’s rollback of the Rockefeller Drug Laws. These laws were originally enacted as a reaction to the devastation of our communities by relentless drug addiction, which often led to violent criminal conduct by drug lords and their criminal organizations.
While there was merit to ending the more Draconian aspects of the laws, which mandated life sentences for some drug addicts, the new laws have made it much harder for prosecutors to get dealers off the street and into jail where they belong.
In fact, the reversal has been so sweeping that non-addicted drug dealers are lining up for treatment under the provisions of the new law, and prosecutors are powerless to stop them.
We have no quarrel with the notion that a first-time, drug-addicted offender deserves an opportunity for treatment and, if successful, to have his arrest and conviction removed from a criminal record. We also understand how difficult the road to recovery is and respect that “failure” is part of the treatment process and so must be part of the judicial process. The system must provide opportunities for treatment programs to work.
The problem with the new law is that there is no independent verification of addiction by trained professionals, and defendants with multiple convictions are permitted to take advantage of its generous provisions. The diagnosis of addiction is based upon self reporting by defendants with a clear interest in obtaining “judicial diversion” rather than prosecution. The consequence of this is significant; successful completion of a treatment program (easy for a non addict) can result in the complete dismissal of a defendant’s pending charges and the removal of up to three prior convictions from their criminal record.
Dealers who in the past were sentenced to prison, away from our neighborhoods and kids, in our post-Rockefeller reform era claim they are addicts and can be absolved of not only jail time but of convictions because they allege their drug deals were a means to feed their addictive habits.
Drug dealers know this! In one intercepted telephone conversation between two dealers, they refer to the new law as the “Drug Dealers Protection Law.” Their conversation goes like this:
“They can say they have a habit, that they do sell drugs. And they got to prove that you make over $50,000 a year and they said that’s hard to do with no financial records… So you know what they did, they created the Beast. The Beast is coming home to be the juggernaut… (Snicker) You know what I’m going to do with it. They said even if you have 3, or 4, no 4 or 5 convictions, you’re still eligible for a program, and you know me I got no sales on my record. All is possessions, so they got to give me a program. They just gave me a free for all. You know what that means? I’m burning up the streets when I go home.”
The streets this defendant will “burn up” when he goes home are in our communities! The “Beast” is a Teflon coated defendant free to peddle poison.
Responsible experts credit the precipitous drop in crime over the last 20 years in large part to innovative law enforcement and increased jail time for pushers and purveyors of violent crime. The threat of long jail sentences led many defendants, both dealers and users, to provide information on suppliers higher up in the drug organization and on other criminal cases including violent burglaries, robberies and homicides.
Without the incentive to cooperate with law enforcement, information will dry up and the drug kingpins and their associates will continue to operate freely. Other crimes will not be solved.
Why give information on other criminals if the worst that will happen is a stint in rehab if you claim to be an addict?
It is especially troubling that this “reform” comes at a time of skyrocketing heroin use in our suburban counties. Handcuffing prosecutors and giving free reign to dealers is not the response constituents expect or deserve.
The mandatory nature of the Rockefeller Drug Laws was extreme in many cases, but the new law goes too far in the other direction. State legislators must immediately evaluate the impact of the new legislation on the ability of prosecutors to put and keep drug dealers in jail. Perhaps a reform of the reforms is in order.
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Steve Levy is the Suffolk County Executive, and Thomas Spota is Suffolk County District Attorney.
Drug Addiction is now a global problem. This social cancer has spread its poisonous claw all over the world. Frustration is the cause of this Addiction unemployment problem, political cataclysm, lack of family ties, lack of love affection etc gives rise to frustration. Again this addiction gives rise to social crimes. When the addicted can’t afford to buy drugs, they commit many kinds of social crimes. Like hijacking, looting, plundering, killing, robbery etc. Drugs bear a terrible effect on human body. They kill them slowly but surely. No physician can stop the changes that take place in the body of a drug addict. Drug addicted people feel drowsy, lose appetite and sleep. The skins of their bodies began change it’s color. Drugs also damage the brain and all internal function of the body. However this curse shouldn’t be allowed to go on unchecked. At any cost we must get rid of this social cancer by highlighting its dangerous effects on human body and society. The remedy for drug addiction is not very easy. Greed of drug traders has grasped the whole world. Drug business should must be is punishable and the highest punishment is death sentence in any Country. This law must be enforced immediately. Our young generation must be aware of the dire consequence of drug abuse. Parents must be careful of their treatment to children. Feelings of security under loving parents may hinder children from being victims of drugs. Religious and social values must be taught from early childhood. When each and every person is sincere to drive this curse of drug addiction from the society, human beings can get rid of it.
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