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New York
New York City, officially the City of New York, is
the most populous city in the United States and the most densely
populated major city in North America. Located in the state of New
York, New York City has a population of over 8.1 million within
an area of 321 square miles.
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The city is a center for international finance, fashion, entertainment
and culture, and is widely considered to be one of the world's
major global cities with an extraordinary collection of museums,
galleries, performance venues, media outlets, international corporations
and financial markets. It is also home to the headquarters of
the United Nations.
The New York metropolitan area has a population of about 22 million,
which makes it one of the largest urban areas in the world. The
city proper consists of five boroughs: The Bronx, Brooklyn, Manhattan,
Queens, and Staten Island. Each of these boroughs, except for
Staten Island, is home to at least a million people and would
each be among the nation's largest cities if considered independently.
Nicknamed "the Big Apple", the city attracts large
numbers of immigrants, with over a third of its population foreign
born. Moreover, it attracts people from all over the United States,
who come for its culture, energy, cosmopolitanism, and economic
opportunity. At present, the city has the lowest crime rate among
the 25 largest American cities.
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New York Governor Pledges to "Dramatically Reform"
Rockefeller Drug Laws, Skeptical Activists Await Specific Proposals
1/5/01
New York Republican Gov. George Pataki used his seventh annual
State of the State address to promise "to dramatically reform
New York's Rockefeller drug laws."
"Today, we can conclude that, however well intentioned, key
aspects of those laws are out of step with both the times and the
complexities of drug addiction, Pataki told the state's assembled
legislators. But the governor was short on specifics. He said his
proposals would be unveiled in "coming weeks."
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As he spoke inside the state capitol, more than a hundred people
demonstrated outside to demand an end to the Rockefeller laws.
Friends and relatives of New York drug prisoners were joined by
prominent critics of the drug war, including Frank Serpico, Al
"Grandpa Munster" Lewis, Margie Ratner Kunstler, and
Ron Daniels of the Center for Constitutional Rights, for a morning
vigil and afternoon press conference.
According to Randy Credico of the William Moses Kunstler Fund
for Racial Justice (http://www.kunstler.org), one of the event's
organizers, the Albany demo was "one of our finest hours."
"We've done hundreds of these vigils, but this was the best.
We had mothers who lost kids, kids who lost their mothers, it
was like the Nuremburg Tribunal, with the witnesses putting the
government on trial," Credico told DRCNet. "To hear
these families come up and courageously tell their stories was
extremely powerful, and the legislators saw it and the media saw
it. We're in every paper in the state today," he crowed.
The Rockefeller laws, among the nation's harshest, were enacted
in the 1970s. They were a model for the punitive approach to drug
policy that swept the nation in the 1980s, but which is fraying
around the edges today. Under the Rockefeller laws, someone convicted
of a single sale of as little as two ounces of an illicit drug
can face 15 years to life. So can anyone convicted of possessing
as little as four ounces. According to the New York Division of
Criminal Justice Services, more than 21,000 people are doing time
on drug charges, out of a total of 70,000 state prisoners. Some
600 of them are serving those 15-years-to-life sentences.
Pataki has supported only limited reform efforts in the past
-- he got behind a measure to allow a small group of nonviolent
offenders to ask for 10 years instead of 15 -- but has signaled
his discomfort with the laws' inequities by giving Christmas commutations
to 23 people since he took office in 1995, including five last
month.
Pressure to lessen the Rockefeller sentences has been mounting
for years. Critics include even the nation's drug czar, Gen. Barry
McCaffrey, who has called them too harsh. In an August, 1999 speech
in Albany, McCaffrey said, "Even those who helped pass the
Rockefeller-era laws now have serious concerns that these laws
have caused thousands of low-level and first-time offenders to
be incarcerated at high cost for long sentences that are disproportionate
to their crimes."
But moves in the legislature to ameliorate the Rockefeller laws
have failed in recent sessions, the victim of partisan bickering
and fear of appearing "soft on crime." In recent months,
however, key legislators have indicated they were ready to support
reform. After long opposing such a move, Assembly Speaker Sheldon
Silver last fall said he was prepared to look at easing sentencing
laws. Senate Majority Leader Joseph Bruno supported some reform
measures last session.
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Their support may be guided as much by budgetary concerns as
by altruism. In a May report, the Citizens Budget Commission,
a well-respected, nonpartisan watchdog group, said New York could
save nearly $100 million annually from its prison budget and improve
public safety if it eliminated "unnecessary and sometimes
counterproductive imprisonment" (http://www.cbcny.org/DOCS52000.htm).
Advocates of Rockefeller law reform are pleased, but cautious.
The Kunstler Fund's Credico told DRCNet he was only somewhat
encouraged. "I'm cautiously optimistic," he said. "Pataki
is doing smart politics. He's running for reelection and he knows
this is blossoming into a huge issue across the country. If he
follows through, he'll be untouchable as a governor."
But both Credico and Nicholas Eyle of ReconsiDer (http://www.reconsider.org),
a New York-based grassroots drug policy reform group, caution
that much remains to be clarified.
"The problem is that there are several bills floating around,"
Eyle told DRCNet. "One would basically get rid of the Rockefeller
laws, but I'm afraid it will be portrayed as the extreme position
and we'll end up with some halfway measures."
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"We haven't even seen what Pataki is going to propose,"
added Eyle, "and let's not forget that he also wants to do away with
parole for felony offenders. It seems as if he's heading in two directions
at once." Credico, too, voiced concern about just what reforms would
occur. "We need more than a lessening of the 15-to-life provisions
and we need to block the no parole stuff. Parole works."
Robert Gangi, head of the Correctional Association of New York, largely
concurred with Credico and Eyle. "We are encouraged, but not complacent,"
he told DRCNet. "Pataki made a very strong statement, and it will
be hard for him to backtrack."
"But he offered no specifics, and the devil is in the details,"
Gangi continued. "We have to see if his proposals constitute meaningful
reform, and we'll be looking at three things: first, restoring sentencing
discretion to judges in drug cases, including the threshold decision of
whether to incarcerate or not; second, retroactivity; and third, increased
funding for alternate sentences including rehab and treatment, so judges
have real options."
Eyle worries that so-called reforms will only end up expanding the reach
of an intrusive state. "I'm afraid they'll come up with something
only slightly better, say it's all fixed, and then concentrate on forcing
people into treatment, which seems to be their new angle," he said.
"But you can't just tweak this system to make it better," Eyle
argued. "The problem is prohibition. Prohibition doesn't work, you
have to eliminate it."
Both Credico and Eyle pointed to the role of race as well. "Black
leaders think reforming the laws will have some effect," Eyle said,
"but minorities will continue to be arrested in disproportionate
numbers."
Credico said that African-American political leaders and clergy in the
state have been slow to come on board. "Folks like Calvin Butts and
Floyd Flake haven't taken the lead. Sure, they're concerned about drugs
in their neighborhoods, but what about all of those people in prison?"
Impassioned, Credico continued: "When people understand the kind
of violence the government has perpetrated against its fellow Americans
in the name of the drug war, when they see the pain and suffering, they
don't want that. If people knew what went on behind prison walls, they
wouldn't support that either. This is a brutal, hidden prison system,
and its director, Glenn Goord, should be indicted for crimes against humanity."
And Credico had a warning for Gov. Pataki and the legislature. "I
got tons of calls from prisoners last night after the governor spoke,"
he told DRCNet. "He can't renege on this now or those prisons will
explode."
sources : http://stopthedrugwar.org/chronicle/167/pataki.shtml
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