NCJ Number
175889
Journal
Human Rights Watch Volume: 9 Issue: 2 Dated: March 1997 Pages: 1-39
Date Published
1997
Length
39 pages
Annotation
This report analyzes the human rights impact of New York's drug sentences for low-level or marginal drug offenders.
Abstract
Sentences for drug offenders in New York State are among the most punitive in the Nation. A person convicted of a single sale of two ounces of cocaine faces the same mandatory prison term as a murderer: 15 years to life. Although long prison sentences may be proportionate for traffickers who run large and violent drug distribution enterprises, in New York the vast majority of drug offenders sentenced to prison are nonviolent minor drug dealers or persons only marginally involved in drug transactions. For these people, even a few years of imprisonment can be disproportionately severe punishment that violates the inherent dignity of persons, the right to be free of cruel and degrading punishment, and the right to liberty. Such sentences contravene the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. This report recommends limiting lengthy prison sentences to cases in which specific, serious harm is caused or threatened; eliminating mandatory minimum sentences for nonviolent drug offenders who do not have major roles in drug distribution operations; revising the classification of drug offenses to correct the current exclusive reliance on the amount of the drug involved; granting the judiciary the authority to depart from statutory sentencing ranges when necessary to serve the interests of justice; and increasing the availability and use of alternative sanctions for nonviolent drug offenders who are not significant figures in a drug distribution business. 186 footnotes