Articles
April 1, 2005
Alabama DUI and alcohol sentencing shows racial disparity
According to researchers, Alabama's stiff minor drug offense penalties create racial disparities among offenders and cause state prisons to be filled beyond capacity.
A study by the Equal Justice Initiatives based in Montgomery shows more than half of prisoners locked up for first-degree marijuana possession are black men while nearly three-fourths of felony DUI offenders are white men.
Alabama DUIs do not become a felony until the driver has been convicted on DUI four times, and then the average sentence is nearly half that for first-degree marijuana possession. The assistant director of the Sentencing Project, a Washington-based consulting firm for criminal justice research, says that despite Alabama DUI laws becoming more severe, the sentencing is still modest compared to drug offenses.
Average sentences for a first-degree marijuana possession compared to an average felony DUI sentence is 8.4 years versus 4.8 years. There are two reasons racial disparities exist, according to the Equal Justice Initiative's executive director - police are more likely to target blacks for drug crimes and minorities are disproportionately poor, resulting in weak courtroom defense and longer sentences because of it.
For critics of the system currently in place, prison sentences for simple drug possession are way too harsh. Former member of the Sentencing Commission, Jefferson County Drug Court Judge Pete Johnson, says drug related offenses under Alabama's law is not only harsh on blacks but on all drug offenders. According to Johnson, "why is someone serving life in prison for simple possession?"Contact us for more information on Alabama DUI and to confer with an Alabama DUI lawyer.
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