NCJ Number
89087
Journal
Prosecutor Volume: 17 Issue: 2 Dated: (Winter 1983) Pages: 17-24
Date Published
1983
Length
8 pages
Annotation
Dade County's (Florida) experience in the processing of drug trafficking defendants shows the importance of creating specialized prosecution divisions, specifying plea negotiation guidelines and mitigation requirements for cooperating defendants, and encouraging judges to schedule narcotics cases without undue delay.
Abstract
In April 1979, the Florida Legislature enacted a statute that elevated certain drug offenses to unprecedented levels of seriousness, providing mandatory penalties unmatched in severity by any other State or Federal jurisdiction in the Nation. The law also allows for sentence mitigation if, in the opinion of the prosecuting attorney, a defendant has provided 'substantial assistance' in the identification, arrest, or conviction of accomplices, accessories, coconspirators, or principals. Many local judges in Dade County view the mandatory sentencing scheme as excessively severe, with mandatory provisions providing an obstacle to plea negotiations, which are important for overburdened courts. Consequently, judges have often unwittingly set priorities so that drug cases are given low priority compared to more negotiable cases. Implementing the provision allowing mitigating circumstances for cooperating defendants has also created problems for prosecutors, but much confusion has been eliminated by the establishment of objective guidelines that ensure a defendant's cooperation will be legally useful. Also, a special prosecution unit has been established which is trained and experienced in handling the complexities of drug cases. This is particularly required because of the number of defense attorneys highly experienced in handling lucrative drug cases.