New York State Rockefeller Repeal

[nycjrt]

Today's newspaper had an article about NYS' Gov. Patterson finally 'repealing' New York's (absurd) Rockefeller Laws of mandatory sentencing for non-violent drug offenders...not much of an article, seems as though judges still have the option of imposing said laws if they choose, also introduces rehab. as an alternative...slow progress,but at least it's something- however the fact that first-time offenders can still end up with life sentences for possession/intent charges, and convicted murderers can walk in under 10 years still scares the shit out of me - all in all, not quite the significant reform/repeal/change we need, hopefully we are moving in the right direction though:confused:
http://www.upi.com/Top_News/2009/04/25/NYs-Rockefeller-repeal-means-more-rehab/UPI-39861240689443/

[hovadagod]

"judges still have the option of imposing said laws if they choose"

This is not totally accurate. The judge can give someone a big sentence if he wants to but that isn't because he choses to impose the Rockefeller drug laws. The laws that were repealed functionally tied the hands of the judges by imposing MINIMUM sentencing for drugs which many felt was a problem because the judge is in a unique situation to examine each persons case. So if someone gets caught with dope the judge could not give them a short sentence because of mitigating circumstances under the Roc'fella laws. Without the rockefeller laws the minimum sentences are eliminated so the judge is free to give a non-violent drug user a shorter sentence based on the realities of their particular situation. It is a small step forward but a step in the right direction nonetheless.

[Indy]

"judges still have the option of imposing said laws if they choose"

This is not totally accurate. The judge can give someone a big sentence if he wants to but that isn't because he choses to impose the Rockefeller drug laws. The laws that were repealed functionally tied the hands of the judges by imposing MINIMUM sentencing for drugs which many felt was a problem because the judge is in a unique situation to examine each persons case. So if someone gets caught with dope the judge could not give them a short sentence because of mitigating circumstances under the Roc'fella laws. Without the rockefeller laws the minimum sentences are eliminated so the judge is free to give a non-violent drug user a shorter sentence based on the realities of their particular situation. It is a small step forward but a step in the right direction nonetheless.

Man, does the media ever, EVER get it right? There was a "doctor" on the news the other night (not the news, one of those "talk about the news" sensationalist programs) saying that it benzodiazepines were so dangerous because they were so easy to overdose on. yeah, if by easy you mean eating a small meal's worth of pills...

More on topic: I remember hearing about the rockefeller laws a long time ago and i always thought it was insane, glad to see it's getting repealed, but it seems like these types of things are for all the wrong reasons.

[hovadagod]

The rockefeler laws were interesting in that they were racist as applied. The minimun sentence for crack was way longer than the sentence for coke so white coke heads would get a slap on the wrist while poor crack smokers went to jail for years. Why the discrepancy?

[nycjrt]

^^
you are right, thanks hova.

[Dan Steely]

This is very good news that is long overdue. Leaving sentencing discression up to the judges is going to help keep a lot of otherwise non criminal drug offenders out of jail. I don't have a lot of experience with judges but the 2 I have had to deal with were quite reasonable. One I actually know pretty well because he was my divorce lawyer before he became a judge. He is pretty much a republican but in my discussions with him he made it clear to me that he does not support the war on drugs.

That reminds me I gotta move back to his district.:D

[hovadagod]

Giving judges discretion is always better than draconian minimum sentences. Humans feel sympathy while statutes don't feel shit. "throwing the book at you"

[SHELLEY]

maybe next they can get rid of three strike rules? those really suck...

Man, does the media ever, EVER get it right?

no

[buc]

maybe next they can get rid of three strike rules? those really suck...

I agree.........three strike laws are total bullshit.

no

[duck]

Giving judges discretion is always better than draconian minimum sentences. Humans feel sympathy while statutes don't feel shit. "throwing the book at you"

+10000