Professional Documents
Culture Documents
a new bill designed to reform New York’s infamous Rockefeller drug laws and passed in the
Assembly, “would push New York dangerously close to decriminalizing even hard-core drugs.”
It dubs the legislation, “The Drug Dealer Protection Act” and then enumerates the bill’s horrors,
which add up to a “game of Russian roulette.” We should all be scared to death, unless we
actually knew that criminalization of drugs, even the really hard core ones, produces the actual
Decriminalization of drug use, abuse, and petty possession is the very heart of drug law
reform; it is no secret. Reformation of the Rockefeller laws entails reduction of draconian prison
sentences, restoration of judicial discretion in sentencing offenders, and the realization that drug
use and addiction is a medical rather than criminal problem. The Daily News, however, would
have you believe that the bill is somehow disingenuous about its decriminalization intentions
because “only a close reading of the measure reveals that little-understood provisions” would
Among the “little-understood provisions” is the elimination of the statutory mandate that
regardless of who actually owns the drugs. According to the law, presence alone is “presumptive
possessed the substance due to his mere presence in the automobile or house, absent proof of
actual possession. This presumption is an evidentiary advantage for the prosecution, who must
prove every element of the crime, because it is a shortcut in the proof, and an evidentiary
disadvantage to the defendant, who must rebut the presumption in order to counteract its
persuasiveness. This places the defendant in the unconstitutional position of proving his own
Under the permissible inference standard, juries are permitted but not required to infer
possession from presence. Essentially, this is an attempt to eliminate the guilt by proximity that
the old standard imputed. The Daily News classifies this as one of the bill’s “many dangerous
provisions.”
The only danger is that defendants will no longer take the rap, as did Lance A. Marrow,
for drugs that do not belong to them. In the case of Mr. Marrow, who received 15 years to life
for possession of drugs that belonged to his roommate, the sentencing judge said, ‘I am required
by law to impose a sentence that in my view you don’t deserve.” The Daily News however,
bemoans that district attorneys would now have to persuade juries the old fashioned way – with
actual evidence of the defendant’s guilt. It fails to acknowledge the existing law’s promulgation
The Daily News’ histrionic characterization of the Assembly bill as one that “would
eviscerate the power of law enforcement to combat thugs who terrorize New York’s poorest
neighborhoods” is subterfuge designed to obscure the fact that a penal approach to drug policy is
generating a profitable economic sector for the state. Prisons produce jobs, especially in
communities where nothing much else grows. And within those prisons are downstate denizens
who count as constituents for the purpose of drawing a senatorial district, most of which are
occupied by Republicans.