EVALUATING DRUG LAWS AND CONTROL POLICY EFFECTIVENESS NEW YORK'S EXPERIENCE WITH THE NATION'S TOUGHEST DRUG LAW (FROM DISCRETION AND CONTROL, 1978, BY MARGARET EVANS - SEE NCJ-52542)

• NCJ Number: 52545
• Author(s): P RICHARDSON; B A GROPPER
• Date Published: 1978
• Length: 18 pages
• Grant Number(s): 76-N1-99-0115
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. PAPER PRESENTED AT THE ANNUAL MEETING ON THE AMERICAN SOCIETY OF CRIMINOLOGY, NOVEMBER, 1977

Annotation

THE EFFECT OF NEW YORK'S 1973 DRUG LAW ON BOTH THE CASELOADS IN STATE COURTS AND ACTUAL DRUG USE IS EXAMINED. THE 1976 AMENDMENTS ARE DESCRIBED, AND THE ULTIMATE IMPACT OF THE LAW ON ENFORCEMENT IS EVALUATED.

Abstract

THE MAJOR OBJECTIVE OF THE 1973 NEW YORK DRUG LAW, ONE OF THE MOST STRICT DRUG LAWS ENACTED IN THE UNITED STATES, WAS TO REDUCE LEVELS OF ILLEGAL DRUG USE AND DRUG-RELATED CRIME BY RELYING ON THE DETERRENT IMPACT OF SEVERE CRIMINAL SANCTIONS. IT CLASSIFIED EVEN MINOR NARCOTICS OFFENSES AS CLASS A FELONIES, SET FORTH MANDATORY SENTENCES, AND SHARPLY RESTRICTED PLEA BARGAINING. POLICE AND COURT PROSECUTORS EXPRESSED OPPOSITION TO THE LAW EVEN BEFORE ITS PASSAGE. SHORTLY AFTER THE LAW WAS ENACTED, A JOINT COMMITTEE OF THE ASSOCIATION OF THE BAR OF NEW YORK AND THE DRUG ABUSE COUNCIL ESTABLISHED THE DRUG LAWS EVALUATION PROJECT. AFTER THREE YEARS, THIS PROJECT CONCLUDED THAT THE LAW HAD LITTLE, IF ANY, IMPACT ON ILLEGAL DRUG USE SINCE BOTH THE INCIDENCE OF NARCOTICS DEATHS AND SERUM HEPATITIS HAD REMAINED CONSTANT. DRUG ARRESTS AND INDICTMENTS DECLINED SHARPLY BECAUSE CRIMINAL JUSTICE OFFICIALS COULD NOT PROSECUTE ON LESSER CHARGES AND THE COURTS STAGGERED UNDER A BACKLOG OF CLASS A OFFENSES. THIS SITUATION LED THE SPECIAL NARCOTICS PROSECUTOR TO ADOPT A POLICY PERMITTING DEFENDANTS ORIGINALLY CHARGED WITH CLASS A-3 OFFENSES TO PLEAD GUILTY TO MISDEMEANORS AND AVOID INDICTMENT FOR THE ORIGINAL OFFENSE. THE BACKLOG OF CASES DILUTED THE NUMBER OF CONVICTIONS AND OFFSET THE ANTICIPATED EFFECTS OF THE MANDATORY SENTENCING PROVISIONS. RESULTS OF THE STUDY ARE PRESENTED IN DETAIL WITH TABLES SHOWING INDICTMENT, CONVICTION, AND SENTENCING DATA. THE 1976 REFORM EFFORTS ARE BRIEFLY REVIEWED. THE IMPLICATIONS OF THE NEW YORK EXPERIENCE FOR OTHER STATES AND FEDERAL CONTROL STRATEGIES ARE DISCUSSED. REFERENCES ARE APPENDED. (GLR)