-Caveat Lector-

Scholars Dispute Justice Report on Drug Prison Terms

The Justice Department yesterday said changes in federal laws over
the past two decades have led to longer prison sentences for those
convicted on drug charges, but two university professors say
average prison terms have decreased "steadily and dramatically"
since 1991.


The Justice Department reported that changes in federal statutes
during the 1980s and 1990s had a "substantial effect on the
processing of defendants convicted in federal courts -- especially
drug law offenders."

The department said that between 1986 and 1999, average prison
terms imposed on drug offenders had increased from 62 months to 74
months and that the average term drug offenders could expect to
serve rose from 30 months to 66 months.

In its report, the Justice Department also said more than 38,000
people were referred to federal prosecutors for suspected drug
offenses during 1999 -- the latest figures available and that 84
percent of them subsequently were charged in a federal court.

However, law professors Frank O. Bowman III at Indiana University
and Michael Heise at Case Western Reserve University said the
Justice Department report released yesterday "creates an entirely
misleading impression about the current state of federal drug
sentencing."

Mr. Bowman and Mr. Heise, whose study of drug sentencing is
outlined in a 93-page report, said federal drug sentences have
steadily been declining for nearly a decade.

"The data is quite uniform and I don't think it really is
disputable," Mr. Bowman, a former prosecutor, said during a
telephone interview from his office at Indiana University School of
Law. "I am not suspicious that the department is trying to mislead
anyone, but there is no question the length of drug sentences has
declined steadily since 1991." ...more - By Jerry Seper
THE WASHINGTON TIMES

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