N.Y. judge gives drug convict probation in surprise sentence

NEW YORK, May 25 (UPI) -- In a move that some observers believe was motivated by a desire to avoid excessively punishing criminals, a New York City judge on Wednesday decided to give a convicted drug offender probation instead of prison -- saying the consequences of her guilty verdict will be punishment enough.

Federal District Court Judge Frederic Block issued the sentence in Brooklyn Wednesday against a 20-year-old woman who was arrested at John F. Kennedy International Airport last year with more than 600 grams of cocaine in her luggage. She was ultimately convicted of illegal possession with intent to distribute.

The woman faced between 33 and 41 months in prison under federal guidelines, but Block opted for a more surprising term -- no jail, one year of probation, six months of home confinement and 100 hours of community service.

"I rendered a non-incarceratory sentence today in part because a number of statutory and regulatory collateral consequences she will face as a convicted felon," he wrote in a lengthy opinion.

Block explained that he gave the woman probation because he believes not enough attention is paid by courts to the fact that convicted felons always face "collateral consequences" that will follow them for the rest of their lives.

"I believe that judges should consider such consequences in rendering a lawful sentence," he wrote. "The effects of these collateral consequences can be devastating."

Difficulty in obtaining employment and financial assistance, as well as deep societal challenges are just a few of the obstacles Block said felons must face after release from prison.

In addition to bringing greater focus on such consequences, Block's opinion also called for possible reforms. He encouraged federal and state lawmakers "to determine whether the plethora of post-sentence punishments imposed upon felons is truly warranted, and to take a hard look at whether they do the country more harm than good."

Wednesday's sentence came as a surprise for many observers and legal experts, some of whom believe the judge's decision could serve as a new sentencing precedent for future cases.

"It's going to generate debate on a critical issue in the criminal justice system -- the ability of people convicted of crimes to get on with their lives," Gabriel Chin, a law professor at the University of California Davis, said, adding that Block's sentence is "groundbreaking."