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NATION'S TOUGHEST DRUG LAW - EVALUATING THE NEW YORK EXPERIENCE - EXECUTIVE SUMMARY

NCJ Number
47795
Author(s)
ANON
Date Published
1978
Length
50 pages
Annotation
THE SUMMARY PRESENTS THE RESULTS OF A 3-YEAR STUDY OF THE IMPACT OF NEW YORK STATE'S STRICT DRUG LAW ENACTED IN 1973 AND ITS CONCLUSION THAT THE LAW HAS NOT BEEN SUCCESSFUL.
Abstract
IN 1973, NEW YORK ENACTED A NEW DRUG LAW WHICH MARKED A DRASTIC CHANGE FROM ITS PREVIOUS TREATMENT-ORIENTED APPROACH TO DRUG OFFENDERS. THE NEW LAW PRESCRIBED SEVERE AND MANDATORY PENALTIES FOR NARCOTIC DRUG OFFENSES AT ALL LEVELS OF ACTIVITY. IT HAD TWO PRINCIPAL OBJECTIVES: (1) TO FRIGHTEN DRUG USERS OUT OF THEIR HABIT AND DRUG DEALERS OUT OF THEIR TRADE, AND THUS TO REDUCE, OR AT LEAST CONTAIN THE SPREAD OF, ILLEGAL DRUG USE; AND (2) TO REDUCE CRIMES COMMONLY ASSOCIATED WITH ADDICTION, PARTICULARLY ROBBERIES, BURGLARIES, AND THEFT. THE LAW WAS PRIMARILY AIMED AT HEROIN USE, AND THE STATE'S MARIJUANA LAWS WERE NOT SUBSTANTIVELY CHANGED. THE EVALUATION PROJECT, DESIGNED TO DETERMINE WHETHER THE NEW LAW ACHIEVED ITS OBJECTIVES, DEALT WITH DEVELOPMENTS DURING THE PERIOD OF SEPTEMBER 1973 TO JUNE 1976, WHEN THE LAW WAS IN FULL FORCE. THE PROJECT'S PRIMARY FINDING WAS THAT DESPITE EXPENDITURE BY THE STATE OF SUBSTANTIAL RESOURCES, NEITHER OF THE OBJECTIVES OF THE 1973 DRUG LAW WAS ACHIEVED. NEITHER HEROIN USE NOR DRUG-RELATED CRIME DECLINED IN NEW YORK STATE. THE STUDY ALSO FOUND THAT THE EXPERIMENT OF THE 1973 LAW WAS EXPENSIVE FOR THE STATE, PARTICULARLY IN TERMS OF THE ADDITIONAL JUDICIAL STAFF REQUIRED TO ADMINISTER THE LAW. IN ADDITION, IT SHOWED THAT DRUG OFFENDERS WERE NO MORE LIKELY TO BE ARRESTED UNDER THE NEW LAW THAN UNDER THE OLD, A SITUATION WHICH UNDERMINED THE LAW'S CENTRAL PREMISE THAT SEVERE MANDATORY SENTENCES CAN DETER ILLEGAL DRUG USE. THE THREAT OF THE LAW SUFFERED FURTHER DILUTION THROUGH THE LARGE INCREASE IN THE AVERAGE TIME REQUIRED TO DISPOSE OF A DRUG LAW CASE IN NEW YORK CITY COURTS. THE EXPERIENCES OF FIVE COUNTIES OUTSIDE OF NEW YORK CITY, WHICH ACCOUNTED FOR HALF OF THE STATE'S FELONY DRUG ARRESTS OUTSIDE THE CITY, ARE ALSO DESCRIBED. IN NONE OF THESE COUNTIES WAS THERE EVIDENCE OF A SUSTAINED DROP IN THE EXTENT OF DRUG USE. SUGGESTIONS FOR MEASURES WHICH MIGHT HAVE IMPROVED THE IMPLEMENTATION OF THE LAW ARE OFFERED, INCLUDING MITIGATION OF THE SEVERITY OF THE PENALTIES AND EASING OF THE LAW'S PLEA BARGAINING RESTRICTIONS. ADDITIONAL RESEARCH IS SUGGESTED IN THE RELATIONSHIP BETWEEN NARCOTICS USE AND NONDRUG CRIME, AS WELL AS IN OTHER ASPECTS OF CRIME CONTROL. AN APPENDIX OUTLINES THE PROVISIONS OF THE 1973 LAW. A BRIEF DESCRIPTION OF THE PROJECT'S METHODOLOGY AND A GLOSSARY ARE PROVIDED.