Daniel L. Feldman

Posts Tagged ‘cocaine’

How a politician publicly supports shortening sentences for drug dealers, and survives anyway

In Criminal Justice Policy, New York State Government, New York State Politics, NYC Politics, Policy on September 6, 2012 at 8:27 pm

In my first few years representing the 45th Assembly District, constituents regularly called me to complain about drug dealers peddling their wares in front of a building on Avenue K near Coney Island Avenue. The building stood just a block northern of my district, but the unsavory atmosphere there troubled my nearby voters. In response, I would call the captain of Brooklyn’s 70th Police Precinct, who would send officers to make arrests.

However, weeks later my constituents would call again, complaining that “they let the drug dealers out: they are back on Avenue K again.”

Back in Albany, Speaker Fink asked members of our Democratic caucus who similarly complained that judges let drug dealers go free how, then, we managed to increase our state prison population from 12,500 in 1972 to 40,000 by the early 1980s? I think he understood, and I gradually learned, that judges did lock up many of those drug dealers. Other drug dealers just replaced them very quickly, because so many addicts wanted those jobs to help pay for their own supplies.

Indeed, many a judge would sentence a drug dealer, after a first felony arrest, to time served waiting for trial and probation. But the addicted dealer, quickly back on the street, would be just as quickly arrested again. This time, the Second Felony Offender Law would require the judge to sentence the dealer to prison for at least two years.

In an earlier time, dealers peddling heroin would try to carry too small a quantity at a time to constitute “felony weight,” so that judges could continue to sentence them to probation. But dealers in the cocaine and crack era seemed to have less sense, and generally carried large enough quantities to be hit with felonies.

I began to understand that with about 600,000 addicts in the State, we would never run short of drug dealers. With 40,000 inmates, we needed to cannibalize higher education funding to help defray the cost of the State prison system; we could not very well incarcerate several hundred thousand inmates and keep the State solvent. Therefore, massive incarceration of low-level non-violent addict/sellers was not going to solve our drug problem.

Like voters throughout New York City and New York State at the time, mine were not generally anxious to hear that we should stop locking up drug dealers. But I told them anyway. Because I had consistently voted for the death penalty (a decision I made then to help preserve the legitimacy of the State government in the face of an increasingly rebellious citizenry), because I had championed other initiatives sought by law enforcement, even in the face of opposition by my own Democratic Assembly leaders, and because I had helped and supported my constituents on landlord-tenant issues, consumer issues, property tax issues, and transportation issues, I was able to carry my message without jeopardizing my reelection. I may even have persuaded some.

When arguing with my constituents, however, I tried to couch the message not so much in terms of the criminalization of people who did not fit standard criminal profiles except in terms of feeding their addictions, the destruction of families, the waste of human lives, or the unfair treatment suffered by minorities. Rather, I pointed to the need to use expensive prison space for violent criminals, the increased tax burden, and the decrease in college scholarship aid likely to be available to their children.

I did not succeed in enacting my legislation to repeal the Rockefeller drug laws. Eleven years after I left the Legislature, though, others completed that mission. I like to think that I helped lay the groundwork.

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