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Indybay Feature

Dealing with Drug Laws: A Tale of Two District Attorneys

by Counterpunch (reposted)
Albany County District Attorney David Soares is considered a hero by many for his bold stances and refreshing approaches to delivering justice. He first laid claim to this title in 2004 when he ran on a platform that advocated dramatic change in the draconian Rockefeller Drug laws that stood unchanged for 30 years. His victory over powerful incumbent Paul Clyne sent shock waves throughout the political landscape in New York's capital.
Clyne was given a pink slip by voters for his vocal support of the Rockefeller Drug Laws and his staggering defeat triggered fear within the Republican Senate that they too might lose their jobs for not supporting Rockefeller reform.

Unlike many political figures that bob and weave themselves into office only to step away from the original platforms that brought them to victory, Soares has stuck to his guns and continues to speak out against inhumane and ineffective drug policies.

Recently, while speaking at an international harm reduction conference in Vancouver, British Columbia, he told the audience that his advice to Canada is to "stay as far away from America's drug law policy as possible." His comments echoed the criticisms he made of New York's strict Rockefeller Drug Laws during his election campaign two years ago by saying "the attempt to engage in cleaning the streets of Albany one $20 sale on the street at a time is a failed policy." He sticks by his view that more drug treatment, not more jail time, is the answer.

Only about 50 miles away, but worlds apart in their views, David Capeless, the Berkshire County District Attorney represents the polar opposite of Soares' philosophy. He see's the $20 method of policing his streets as an acceptable policy of law enforcement. Capeless recently pushed for and received--a mandatory-minimum sentence of two years for 18 year-old Mitchell Lawrence for the $20 sale of one marijuana cigarette. It was part of a police sting operation that netted 19 defendants. Capeless has been harshly criticized by an array of concerned citizens for his use of utilizing school zone laws that mandate mandatory minimum sentencing, regardless of the circumstances. He has refused to use discretion for these first time non-violent offenders that were involved in small-time marijuana sales, turning his back on drug rehabilitation and other alternatives to imprisonment.

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http://counterpunch.org/papa05172006.html
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