NCJ Number
54735
Date Published
1977
Length
15 pages
Annotation
THE DRUG LAW EVALUATION PROJECT OF THE BAR ASSOCIATION OF NEW YORK CITY FOUND THAT THE NEW MANDATORY SENTENCING LEGISLATION HAS ELIMINATED PLEA BARGAINING AND CREATED A CASE BACKLOG, BUT HAS NOT INCREASED THE NUMBER SENTENCED.
Abstract
IN 1973 THE STATE OF NEW YORK ENACTED LAWS WHICH RADICALLY CHANGED THE TRADITIONAL POLICY TOWARD THE PROBLEM OF DRUG ABUSE. TO DEAL WITH RISING STREET CRIME COMMITTED BY NARCOTICS ADDICTS, THE LAWS INTRODUCED LONG-TERM MANDATORY PRISON SENTENCES FOR MANY DRUG OFFENSES AND RESTRICTED THE SCOPE OF PLEA BARGAINING ON THE PART OF DEFENDANTS INDICTED FOR SERIOUS DRUG FELONIES. IT WAS HOPED THAT THE ABSOLUTE NUMBER OF DEFENDANTS SENTENCED TO PRISON FOR DRUG OFFENSES WOULD RISE, THAT THERE WOULD BE AN INCREASE IN THE AVERAGE LENGTH OF PRISON TERMS, THAT OVERALL LEVELS OF ILLEGAL DRUG USE IN THE STATE WOULD DECLINE OR AT LEAST BE CONTAINED, AND THAT THE THREAT OF PROSECUTION WOULD ENCOURAGE ADDICTS TO ENROLL IN TREATMENT PROGRAMS. IT WAS ALSO HOPED THAT NONDRUG-RELATED CRIME WOULD DECREASE AND THAT LAW ENFORCEMENT AGENCIES WOULD INCREASE ACTIVITIES AGAINST NARCOTICS OFFENDERS. THE EVALUATION USED A VARIETY OF DATA COLLECTED BY VARIOUS CRIMINAL JUSTICE AGENCIES, PLUS A SAMPLE SURVEY OF 1,000 DRUG CASES FROM THROUGHOUT THE STATE FOR THE PERIOD 1972-1975. THERE WAS NO SIGNIFICANT INCREASE IN THE NUMBER OF PRISON SENTENCES IMPOSED ON YOUTHFUL OR FIRST TIME OFFENDERS. CHANGE IN LEVEL OF DRUG USE WAS NOT MEASURABLE. HOWEVER, IT WAS FOUND THAT THE LACK OF PLEA BARGAINING HAD CREATED SUCH A CASE BACKLOG IN NEW YORK CITY THAT THERE WAS AN OVERALL DECLINE IN DRUG OFFENSE SENTENCING. (GLR)