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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.
We have two District Attorneys with opposing views on how to
deal with the issue of treatment vs. incarceration for drug offenders.
Who is correct?
Recent studies have shown that treatment is the most humane and
cost-effective approach to addiction. In November 2000, California
passed an initiative that allows most people convicted of first
and second-time nonviolent, simple drug possession to receive
drug treatment instead of incarceration. More than 140,000 participants
have entered the treatment program instead of imprisoning them
resulting in the cost savings of approximately $1 billion.
"The financial benefits of Prop. 36 are more massive than
expected. That's the good news," said Margaret Dooley, the
Drug Policy Alliance's Proposition 36 statewide coordinator.
"But the great news is that over 60,000 people have completed
treatment and have been able to rejoin their families and find
work. This is the true measure of Prop. 36's success."
In a recent conversation with Soares, he told me that he desperately
wants to defer drug offenders to treatment rather than jail,
but the powers-that-be cut off his funding to do so. The recent
reforms of New York's drug laws did not include funding for community-based
treatment. Without proper funding, increased numbers of people
will be forced to compete for limited treatment slots. The cycle
of addiction will continue, along with crime and recidivism.
With the defeat of Paul Clyne, voters spoke out against the irrational
method of trying to arrest your way out of the drug problem.
In Berkshire County, residents hope to give the same type of
pink slip to District Attorney David Capeless in the upcoming
Democratic primary on September 19. He is set to run against
Judith Knight, a former assistant district attorney, who is supported
by many, including a group called the Concerned Citizens for
Appropriate Justice. They have openly and repeatedly confronted
Capeless for his overzealous position.
With the election of Soares, the voters in Albany wanted more
than outdated tough-on-crime zealots and chose Soares, who has
chosen to be smart on crime. Now the voters of Great Barrington
will soon have an opportunity to make a choice whether or not
to re-elect David Capeless. If he is defeated, it will be part
of a growing trend across the nation rewarding politicians that
are smart on crime.
CounterPunch
Speakers Bureau Sick of sit-on-the-Fence speakers, tongue-tied and timid?
CounterPunch Editors Alexander Cockburn and Jeffrey St Clair
are available to speak forcefully on ALL the burning issues,
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