Rockefeller Drug Laws

Governor Nelson Rockefeller of New York does not support drug treatment. He believes that addicts are responsible for a great deal of crime. If the addicts are taken off the streets, he argues, crime will plummet. In 1973, he proposes the most restrictive set of drug laws the nation has ever seen, calling for mandatory minimum sentences to be imposed on anyone convicted of certain drug offenses. Possession of an ounce of marijuana merits 15 years in prison. Less than one ounce of a substance that contains even a drop of heroine calls for a life sentence. The nature of these new codes, with their harsh and absolute penalties, means that the particular circumstances of the crime or the fact that the offender may never have violated the law before cannot be taken into consideration in sentencing. Judicial and prosecutorial discretion is eliminated. There are even some built-in restrictions against plea bargaining for serious drug crimes. Recognizing that these laws will create an extraordinary volume of cases, Rockefeller calls for the creation of 31 new courts. Both police and prosecutors are stunned, but the bill passes. A national poll indicates that Americans support the Rockefeller Drug Laws.

The crime rate does not go down, however, and addiction remains pervasive.

Harlem, 1987 Joseph Rodriguez