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When Len Bias, the basketball star, overdosed
on cocaine 20 years ago, Len Bias, the symbol, was born. To many he
symbolized the corruption of college athletics - stars whose academic
performance is poor, if not irrelevant, but who are essential to
bringing in donations and other revenue. To others, he became the
object lesson: Cocaine is dangerous, don't do it, you can die. For yet
others, Bias symbolizes the danger that arises when a powerful symbol
overwhelms careful judgment about what ought to be the law.
Immediately after Bias' death, the speaker of the House of
Representatives, Thomas P. "Tip" O'Neill Jr., from the Boston area
(where Bias had just signed with the Celtics), issued a demand to his
fellow Democrats for anti-drug legislation. Senior congressional
staffers began meeting regularly in the speaker's conference room as
practically every committee in the House wrote Len Bias-inspired
legislation attacking the drug problem.
One result was the innocuous-sounding Narcotics
Penalties and Enforcement Act, which became the first element of the
enormous Anti-Drug Abuse Act of 1986, hurried to the floor a little
over two months after Bias' death. But the effect of the penalties and
enforcement legislation was to put back into federal law the kind of
clumsy mandatory minimum sentences for drug offenses that had been done
away with 16 years before. And there they remain, 20 years and several
hundred thousand defendants later.
Congress wanted to send several messages by again enacting mandatory
minimums: to the Justice Department to be more focused on high-level
traffickers; to major traffickers that the new penalties would destroy
them; to the voters that members of Congress could fight crime as
vigorously as the police and prosecutors. But Congress garbled the
message. Instead of targeting large-scale traffickers, it established
low-level drug quantities to trigger lengthy mandatory minimum prison
terms: five grams (the weight of five packets of artificial sweetener),
50 grams (the weight of a candy bar), 500 grams (the weight of two cups
of sugar) or 5,000 grams (the weight of a lunchbox of cocaine).
Large-scale traffickers organize shipments of drugs totaling tons -
many millions of grams - filling tractor-trailers, airplanes and
fishing boats.
The Justice Department has compounded the
problem by focusing on countless low-level offenders. The U.S.
Sentencing Commission reports that only 15 percent of federal cocaine
traffickers can be classified as high-level. Seventy percent are
low-level. One-third of all federal cocaine cases involve an average of
52 grams, a candy bar-sized quantity of cocaine, resulting in an
average sentence of almost nine years in prison without parole.
Not surprisingly, the federal prison population has exploded. From 1954
to 1976, it fluctuated between 20,000 and 24,000. By 1986 it had grown
to 36,000. Today it exceeds 190,000 prisoners, up 527 percent in 20
years. More than half this population is made up of drug offenders,
most of whom are serving sentences created in the weeks after Len Bias
died.
Sadly, the nation's drug abuse situation is not much
better after 20 years. Teen-agers are using very dangerous drugs at
twice the rate they did in the 1980s. The price of cocaine is much
lower and the purity much higher, which tells us that the traffickers
have become more efficient.
There is a trickle of hope that
mandatory sentences as a legacy of Bias' death might come to an end. A
handful of conservative members of the House Judiciary Committee have
begun to question the wisdom of current mandatory minimum sentencing
laws, and some vote against them. The first round of mandatory minimums
for drug offenses, enacted in 1951, was repealed almost 20 years later,
with bipartisan support. Among those who backed repeal was George H.W.
Bush, then a congressman from Texas. With his son in the White House,
this would be a good time for history to repeat itself, and for this
sad legacy of Len Bias' death to finally end.
Eric E.
Sterling, counsel to the House Judiciary Committee from 1979 to 1989,
is president of the Criminal Justice Policy Foundation. Julie Stewart
is president of Families Against Mandatory Minimums. This first
appeared in The Washington Post.
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