Mandatory sentences

In an editorial today, The New York Times goes after mandatory sentences demanded by the Rockefeller Drug Laws again ("An Idea Whose Time Should Be Past"):

Nowhere is repeal of mandatory-sentencing policies more urgently needed than in New York, which sparked an unfortunate national trend when it passed its draconian Rockefeller drug laws in the 1970s. Local prosecutors tend to love this law because it allows them to bypass judges and decide unilaterally who goes to jail and for how long.

But the general public is increasingly skeptical of a system that railroads young, first-time offenders straight to prison with no hope of treatment or reprieve. In an often-cited 2002 poll by The New York Times, for example, 79 percent of respondents favored changing the law to give judges control over sentencing. And 83 percent said that judges should be allowed to send low-level drug offenders to treatment instead of prison.

The State Legislature has tinkered at the margins of these horrific laws, but stopped short of restoring judicial discretions. The time is clearly right for that crucial next step. The Legislature needs to gear up for the change, and Gov. Eliot Spitzer, who has thus far tiptoed around the subject, needs to set the stage when he delivers his State of the State message early next month.