STATE EX REL. ESTEEN V. STATE: FAIRNESS, FREEDOM, AND A CONSTITUTIONAL DEBATE IN LOUISIANA

Abstract

Four kilos is a lot of cocaine. But should it warrant life in prison? In 1998, Louisiana’s punishment for possessing over four hundred grams of cocaine was thirty to sixty years imprisonment at hard labor and a fine of between $250,000 and $600,000. Since that time, the Louisiana legislature has lowered the penalties for this crime and took affirmative steps to alleviate the harsh penalties for a number of other offenses. Although courts generally sentence a defendant according to the penalties in place at the time of the offense, what happens when a lawmaking body passes legislation calling for the retroactive application of newer, lower penalties? And still further, who has the authority to remediate final sentences along these lines and release offenders into society?