Showing posts with label drug war. Show all posts
Showing posts with label drug war. Show all posts

Sunday, November 20, 2022

Candidate Trump offers glimpse into his drug fighting proposals

Donald Trump announced his candidacy for president last week.  His widely covered speech did raise some interesting criminal justice proposals, particularly with regard to drug crime.

Trump said China's President Xi Jinping had explained to him that in China, “if you get caught dealing drugs, you have an immediate and quick trial. And by the end of the day, you’re executed.” According to Bulwark, Trump said this is why drug dealers sell their poison in America instead of China: “Why should they sell there and risk their lives every time they sell, when they can come to the United States, and nobody even cares?”

The solution, Trump concluded, was to match China’s speed and severity. “That’s the only answer,” he said. “That’s the only way you’re going to solve the problem. And I hope politicians are listening. Because they should do it quickly.”

 “We’re going to be asking everyone who sells drugs, gets caught selling drugs, to receive the death penalty for their heinous acts,” said Trump. He didn’t specify drug kingpins or sellers who cause deaths. He said execution would apply to everyone who sells drugs, despite the U.S. Constitution and the precedent of the U.S. Supreme Court. This would heighten the "war on drugs" to "war crimes on drugs."

To read more CLICK HERE

Monday, June 20, 2022

Overturning Roe v. Wade could lead to further mass incarceration

The NACDL published a report last August warning the public that, without the legal protections under Roe v. Wade, thousands of abortion laws could lead to a new chapter of mass incarceration, reported NPR. 

The invasion of privacy alone is a big concern to the NACDL. Anyone who needs or wants an abortion outside of the legal limits of their state is not only a target for criminal charges, but risks implicating others, too — by confiding in friends or family, crossing state lines for procedures, or even using a transportation app to get to an appointment. 

"Not just fines. We're talking about prison time," Wayne said. "We're talking about minimum mandatory sentences — aiding or abetting someone who gets ultimately charged with manslaughter or murder, which is a life sentence."

And for those who think a future of mass incarceration is too unlikely, Wayne points to the War on Drugs, starting in 1971. 

"Suddenly people who were being prosecuted for small amounts of drugs were now involved in larger and greater conspiracies with minimum mandatory sentences," Wayne said. "People were looking at life sentences and still remain incarcerated to this day. You have to ask yourself, what lessons did we really learn?"

Who will actually pay the price?

The NACDL has tens of thousands of members. Actual feelings and opinions on abortion vary within the organization, as expected. But that's not what this collective red alert is about.

Wayne says that despite a range of personal views, the membership as a whole is concerned about invasion of privacy, government overreach, and a massive stretch on legal resources if a wave of abortion-related criminal charges hits the U.S.

And that pain won't be distributed equally.

"Whenever you're talking about overcriminalization, you're talking about money," Wayne said. "Rich people will always be able to lawyer up. They will always have access to attorneys. Poor people will be left behind." 

She points to an already overwhelmed public defender system, which people can't access until after their legal troubles have started.

"I don't get a lawyer, if I'm poor, until I'm actually charged with a crime in this country in most jurisdictions," she said. "So I have to wait until that moment until I get charged. If I have money, access to counsel, I get advice on the front end of being able to perhaps avoid the consequences that I would face if I didn't have money."

The perfect victim

A future without Roe v. Wade ultimately leads back to that courtroom and jury, where the task at hand becomes navigating perception. The burden of being "the perfect victim" is nothing new when it comes to cases of harassmentsexual assault and domestic violence. 

"To be a perfect victim of sexual assault, human trafficking or intimate partner violence, you cannot also struggle with addiction, poverty or mental illness," wrote Amanda Rodriguez, a former federal prosecutor and the executive director of Baltimore's rape crisis center, TurnAround Inc, in a 2021 op-ed for the Baltimore Sun. "To be a perfect victim, you cannot accept a drink, engage in commercial sex or walk alone at night. You cannot wear tight clothes or have a criminal record. You cannot be human."

Except with a criminalized abortion, the "victim" isn't pressing charges. They're fighting them.

"At the end of the day, it's going to be the bias going into the courtroom," Wayne said. "The bias dealing with the district attorney who has preconceived notions of their own about how these cases should be prosecuted, the judges who oversee these cases and how they feel — and then ultimately go to the jurors' bias."

And that's a main focus of NACDL's training at the moment: preparing to help clients who have been charged with abortion-related crimes look sympathetic and relatable to a group of their peers (wherein the degree of difficulty varies, depending on your race.)

But in some cases, that might not be enough. While more than a dozen states have trigger laws that would immediately go into effect if Roe is lifted, restrictive abortion bans already exist in many states — some without exceptions for rape, incest or to save the life of the mother. And the Supreme Court might be about to grant state lawmakers the freedom to ban abortion however they want.So when a jury is asked to determine whether someone broke a law post-Roe, even a "perfect victim" might still be a guilty one.

To read more CLICK HERE

 

Saturday, October 17, 2020

GateHouse: Recreational marijuana: Coming soon to a state near you

 Matthew T. Mangino
GateHouse Media
October 16, 2020

There is a “green wave” sweeping the country. Ballot initiatives in Arizona, New Jersey, South Dakota and Montana are seeking to legalize marijuana for recreational use.

Don’t be fooled, the green does not represent marijuana - it represents money. More and more states are legalizing marijuana, not because there has been a massive shift in public sentiment on marijuana use, but because states can raise revenue from marijuana sales.

Ever since Colorado and Washington became the first two states to approve marijuana legalization in 2012, nine states and three territories have joined them including Alaska, California, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, the District of Columbia, the Mariana Islands and Guam. Another 16 states and the U.S. Virgin Islands have decriminalized marijuana and 33 states allow medical marijuana use.

It was not long ago that gambling was illegal everywhere outside of Nevada. Today, you can bet inside some ballparks while games are in progress - try justifying that to Pete Rose or the descendants of Shoeless Joe Jackson. Why? States have made about $1.8 trillion in tax revenue from gambling.

How much tax revenue can marijuana generate?

Legalizing marijuana nationwide would create at least $132 billion in tax revenue and more than a million new jobs across the United States in the next decade, according to a new study by New Frontier Data. The marijuana industry could create an entirely new tax revenue stream for the government, generating millions of dollars in sales tax and payroll deductions.

The analysis shows, according to the Washington Post, that if marijuana were fully legal in all 50 states, it would create at least a combined $131.8 billion in federal tax revenue through 2025.

What is on the ballot for Nov. 3?

In New Jersey, Governor Phil Murphy made a campaign promise to legalize marijuana suggesting that legislation could generate hundreds of millions of dollars in tax revenue.

New Jersey’s Public Question No. 1 would legalize marijuana for adults 21 and older. The sale of recreational marijuana products would be subject to the state’s 6.2% sales tax.

New Jersey first legalized medical marijuana and is now taking on recreational marijuana. South Dakota is going straight to recreational marijuana.

Measure 26 would establish a medical marijuana program and registration system for people with qualifying conditions, as well as on Amendment A, which would legalize marijuana for all adults. According to the Argus Leader a majority of South Dakotans support the measure.

In Arizona, where four years ago residents narrowly defeated an initiative to legalize recreational marijuana, the issue is back on the ballot.

Proposition 207 is structured similarly to 2016′s measure. It would allow adults to possess, consume or transfer up to 1 ounce of marijuana and create a regulatory system for the products’ cultivation and sale.

According to CNN, recreational sales in Arizona could total more than $700 million by 2024.

In Montana policymakers expect recreational marijuana sales to total nearly $193 million by 2025, generating $38.5 million in tax revenue.

According to the Billings Gazette, there are two measures on Montana’s ballot. First, the state is asking voters to amend the state Constitution to authorize a minimum age for alcohol and marijuana purchases, and second, to allow adults in the state to possess, buy and use marijuana for recreation.

Some proponents of criminal justice reform suggest that legalizing marijuana will have a positive impact on racial justice initiatives.

“Cannabis criminalization is a cornerstone of the war on drugs,” Jared Moffat of the Marijuana Policy Project, told The Appeal.

According to the Pew Research Center, 40% of all drug arrests in 2018 were marijuana-related. The overwhelming majority were for possession, as opposed to sale or manufacture.

Legalizing marijuana will have a two-fold effect - pump new revenue into state and local economies and reduce the inequity of racially disparate mass incarceration and the residual ill effects of having a criminal conviction.

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book “The Executioner’s Toll, 2010” was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.

To visit the column CLICK HERE

Tuesday, February 11, 2020

President calls for death penalty for drug dealers after 'fair but quick' trials

President Donald Trump is campaigning on criminal justice reform efforts that reduce sentences for nonviolent offenders, while suggesting he’d like the American justice system to work more like ones in authoritarian countries where drug dealers are executed after “fair but quick” trials, reported Vox.
If those two things sound hard to square with each other, that’s because they are. But the contrast serves as an especially stark illustration of the incoherency at the core of Trumpism.
Just days after his Super Bowl ad and State of the Union speech highlighted his support for legislation that makes a modest effort to reduce prison sentences at the federal level, Trump on Monday said the best way to further reduce the quantity of fentanyl in the US is to follow China’s lead.
“States with a very powerful death penalty on drug dealers don’t have a drug problem,” Trump said during a White House event with governors. “I don’t know that our country is ready for that, but if you look throughout the world, the countries with a powerful death penalty — death penalty — with a fair but quick trial, they have very little if any drug problem. That includes China.”
To read more CLICK HERE

Tuesday, October 29, 2019

Pennsylvania a leader in criminalizing drug deliveries resulting in death

Pennsylvania prosecutors can charge people with “drug delivery resulting in death” (DDRD) if they give or sell an illicit substance to someone who dies because of using it. DDRD is a first-degree felony that carries a sentence of up to 40 years in prison. Charging someone with this can also make it easier for prosecutors to obtain a conviction on other charges; its harsh sentences provide them leverage during plea negotiations, reported The Appeal.
Drug-induced homicide charges have rapidly increased since 2011, according to data collected by the Health In Justice Action Lab, a project of the Northeastern University School of Law. The lab found 23 cases total between 1974 and 2000, less than 100 a year through 2011, and exponential growth since: 326 in 2015, 495 in 2016, and 717 in 2017.
But this legislative change also speaks to the importance of DAs and their associations. The Pennsylvania District Attorneys Association lobbied for the 2011 reform, asking lawmakers “to remove that malice requirement.” Other prosecutors demanded statutory changes elsewhere. Expanding prosecutors’ ability to charge people with drug-induced homicide was a priority for the Virginia Association of Commonwealth’s Attorneys this year, for instance. Madeline Singas, the Democratic DA of New York’s Nassau County, wrote draft legislation to the same effect. 
With 49 Pennsylvania counties electing their DAs this year, the surge of homicide prosecutions could have been a core issue up for debate. The same goes for New York, home to 25 DA elections this year, and where prosecutors have also somewhat frequently charged people with homicide in the aftermath of an overdose. I have identified few counties where this has played out, though.
One candidate ruled out homicide charges, and three shared concerns
The Political Report contacted DA candidates running in the nine Pennsylvania counties and two New York counties with contested elections this year that have prosecuted at least six people for drug-induced homicide, based on the Health In Justice Action Lab’s data.
Across these eleven counties, only one candidate ruled out ever charging someone with homicide in the aftermath of an overdose.
It just so happens that this one candidate is running in Lancaster, the Pennsylvania county that has used this approach more frequently than any other county nationwide. 
“We must prioritize treatment over punishment, and DDRD laws prioritize punishment over healing,” Hobie Crystle, the Democratic nominee in the Nov. 5 election, said in a statement emailed via a spokesperson. “That approach sends folks into the shadows. We need light and air to heal, so my office will not pursue DDRD charges. Period.” Crystle said DAs have other tools than homicide at their disposal to hold “profiteers who have caused a death” accountable. “We can punish peddlers of poison severely enough using regular drug delivery laws, without involving the families and loved ones of those who succumb to their illness,” he said.
Crystle’s stance sets up a potentially stark policy shift in Lancaster given the office’s current policies. Steadman, the Republican incumbent, is not seeking re-election. Heather Adams, the Republican nominee and a former prosecutor who now works as a criminal defense lawyer, did not answer multiple requests for comment. The Political Report could not identify her stance from her website or other reporting. Adams and Crystle have publicly disagreed on other issues such as the death penalty, which Adams supports and Crystle opposes.
Three other candidates shared their discomfort with drug-induced homicide prosecutions. 
In Pennsylvania, Lisa Middleman (an independent in Allegheny County) and Jack Stollsteimer (the Democratic nominee in Delaware County) expressed concern that DDRD charges are used excessively against people with addiction issues and people who shared their drugs in the context of using them. Shani Curry Mitchell, the Democratic nominee in New York’s Monroe County (Rochester), said she saw no deterrent effect in drug-induced homicide prosecutions, and worried about the racial disparities in their use.
To read more CLICK HERE


Sunday, December 9, 2018

President looks to bring back George H.W. Bush era attorney general

President Trump will nominate William Barr, the George H.W. Bush-era leader of the Justice Department who was known for his hardline approach to drug crime, as his next attorney general, reported The Crime Report. Speaking with reporters as he prepared to leave Washington for a conference in Missouri, he said Barr was his “first choice from day one,” though he acknowledged he didn’t know him until recently, reports Fox News.
“I think he will serve with great distinction,” Trump said.
If he’s confirmed, Barr would replace Matthew Whitaker, the former Jeff Sessions chief of staff who took over as acting attorney general last month.
Barr, 68, is a well-respected Republican lawyer who served as attorney general from 1991 to 1993 under President George H.W. Bush. Although he is regarded as a bipartisan figure, given the political fights enveloping the Justice Department, any attorney general nominee is likely to face tough questions at a Senate confirmation hearing, the Washington Post reports.
The president has repeatedly accused the department of launching a biased investigation into his campaign and claimed that special counsel Robert Mueller is conducting a “witch hunt” targeting him and his aides.
Democrats want assurances the department’s next leader will resist political pressure from the White House; Republicans want assurances the department will operate investigations in an evenhanded fashion toward members of both parties. Barr’s past statements about the Russia probe, in which he has questioned the political tilt of Mueller’s team, could give some Democrats fodder to attack Barr’s nomination.
Republican operatives who support Barr noted he once worked alongside Mueller in the Justice Department and said his track record should ease any Democratic concerns that the department would see its independence eroded. One source said Barr has a bluntness that is likely to resonate with the president.
“The president is very, very focused on [a candidate] looking the part and having credentials consistent with the part,” the person said.
Barr’s daughter, Mary Daly, is a senior Justice Department official overseeing the agency’s efforts against opioid abuse and addiction. During Barr’s earlier stint as AG, DOJ issued a “Case for More Incarceration.”
In fact, in some quarters he is considered the “architect” of mass incarceration, Vox reports.
Civil rights advocates, for instance,  note that as deputy attorney general from 1990 to 1991, and as attorney general (1991-1993), he pushed for and helped implement punitive criminal justice policies, including a 1990 crime law that among other things escalated the war on drugs.
To read more CLICK HERE


Tuesday, October 16, 2018

Opposition to Congress reducing federal criminal penalties for drug traffickers

A new survey commissioned by the Foundation for Safeguarding Justice finds opposition to proposals in Congress that would reduce federal criminal penalties for drug traffickers and allow the release of prisoners to “home confinement,” reported The Crime Report.
Three out of four people surveyed (74 percent) said that they oppose proposals that reduce penalties for criminals involved in the trafficking of heroin, fentanyl, and similar drugs. The foundation was created by the National Association of Assistant United States Attorneys (NAAUSA), who prosecute criminal cases in federal courts.
The foundation says that the FIRST STEP Act, now pending in the Senate, would permit the release of drug traffickers serving time in federal prison, with the remainder of their sentence spent under “home confinement.” Critics say that home confinement allows drug traffickers to continue illicit activities while serving their sentences. A proposal to reduce federal penalties for traffickers in heroin, fentanyl, and similar drugs is opposed by 87 percent of Republicans, 70 percent of Democrats and 73 percent of independents, the foundation says. 
Only 14 percent of survey respondents believe the federal government is too tough in its handling of drug trafficking, while three out of four (76 percent) think that the federal government is either not tough enough (51 percent) or about right (25 percent) in its current handling of drug traffickers.
To read the survey CLICK HERE

Monday, October 15, 2018

PA prisons implement new, and costly, drug eradication system


Rather than allow inmates to receive personal letters, drawings from their children, photographs, birthday cards, and other kinds of mail directly, the Pennsylvania Department of Corrections will use a new service that will cost taxpayers at least $376,000 a month, or well over $4 million a year, reported Reason Magazine.
As explained on its website, the department implemented the new policy after staff members were reportedly sickened by an unknown substance, which prompted the announcement of a statewide lockdown in August. Mail will first go through a Florida-based service called Smart Communications. The company will scan the mail and then send black and white digital copies to inmates. The original mail, including photographs, will then be held for 45 days and subsequently destroyed. The electronic mail will only be saved for seven years. Mail related to legal matters and other official documents will be forwarded to the institutions, opened in front of the inmate, copied, and the originals will be destroyed after a 15-day retention period. Inmates will not be able to keep the originals.
The department maintains that the process will help cut down on a the amount of drugs smuggled into state prisons, even documenting drug finds on various inmates. It's also a good business opportunity for private companies seeking to contract with prisons. Smart Communications already provides limited email technology and a teleconferencing system to prisons, and now touts its mail system as completely eliminating postal mail. Bloomberg quotes Corrections Accountability Project Director Bianca Tylek, who believes digitized mail services could earn private contractors "more than $180 million annually."
To read more CLICK HERE

Sunday, September 23, 2018

The myth of the'superpredator'


The myth of the “superpredator” would have terrible consequences for American children, wrote Nathan J. Robinson in the Jacobin. In the mid 1990s, fueled by alarmist pseudo-scholarship by quack criminologists, a number of politicians sounded the alarm about a concerning new trend: the rise of a new breed of sociopathic juvenile delinquent, incapable of empathy and hellbent on robbing, raping, and terrorizing every decent churchgoing middle American community.
The 1980s and 1990s were a heyday for nationwide moral panics. The coming of the superpredators was just one of the paralyzing terrors of the period, which also included widespread fear of Satanic abuse at daycares and razorblades in Halloween candy. The superpredator legend, however, was more deeply insidious.
The term was coined by John DiIulio Jr, a professor at Princeton University. DiIulio interpreted rising juvenile crime statistics to mean that a “new breed” of juvenile offender had been born, one who was “stone cold,” “fatherless, Godless, and jobless,” and had “absolutely no respect for human life and no sense of the future.”
DiIulio and his coauthors elaborated that superpredators were:
Radically impulsive, brutally remorseless youngsters, including ever more preteenage boys, who murder, assault, rape, rob, burglarize, deal deadly drugs, join gun-toting gangs, and create serious communal disorders. They do not fear the stigma of arrest, the pains of imprisonment, or the pangs of conscience. They perceive hardly any relationship between doing right (or wrong) now and being rewarded (or punished) for it later. To these mean-street youngsters, the words “right” and “wrong” have no fixed moral meaning.
For devising this theory, DiIulio was rewarded with an invitation to the White House, where he and a group of other experts spent three and a half hours with President Clinton.
Confirming DiIulio’s analysis was James Q. Wilson, the conservative political scientist who had devised the theory of “broken windows” policing. The broken windows theory posited that minor crimes in a neighborhood (such as the breaking of windows) tended to lead to major ones, so police should harshly focus on rounding up petty criminals if they wanted to prevent major violent crimes.
Put into practice, this amounted to the endless apprehension of fare-jumpers and homeless squeegee people. It also created the intellectual justification for totalitarian “stop and frisk” policies that introduced an exasperating and often terrifying ordeal into nearly every young black New Yorker’s life.
“Broken windows” had very little academic support (it hadn’t been introduced in a peer-reviewed journal, but in a short article for the Atlantic), but Wilson still felt confident in pronouncing on the “superpredator” phenomenon. He predicted that by the year 2000, “there will be a million more people between the ages of fourteen and seventeen than there are now” and “six percent of them will become high rate, repeat offenders — thirty thousand more young muggers, killers and thieves than we have now.”
DiIulio and Wilson said that it was past time to panic. “Get ready,” warned Wilson. Not only were the superpredators here, but a lethal tsunami of them was rising in the distance, preparing to engulf civilization.
As James C. Howell documents, just a year later, as crime rates continued to decrease, DiIulio “pushed the horizon back ten years and raised the ante.” This time DiIulio projected that “by the year 2010, there will be approximately 270,000 more juvenile super-predators on the streets than there were in 1990.” Like a Baptist apocalypse forecaster, the moment the sky didn’t fall according to prophecy, a new doomsday was announced, with just as much confidence as the last.
So despite all evidence to the contrary, segments of the Right continued to anticipate “a bloodbath of teenager-perpetrated violence,” perpetrated by “radically impulsive, brutally remorseless” “elementary school youngsters who pack guns instead of lunches” and “have absolutely no respect for human life.”
The notion gained political cache, and was spoken of in Congress and on the national media. It was even propagated, and given a major credibility boost, by one or two prominent liberals, perhaps the most prominent of whom was Hillary Rodham Clinton.
There was always a race element to the superpredator theory, which is why The New Jim Crow author and legal scholar Michelle Alexander says Clinton “used racially coded rhetoric to cast black children as animals.”
It wasn’t just subtext; DiIulio spoke in explicitly racial terms. “By simple math,” he wrote, “in a decade today’s 4-to-7-year-olds will become 14-to-17-year-olds. By 2005, the number of males in this age group will have risen about 25 percent overall and 50 percent for blacks. [emphasis added] To some extent, it’s just that simple: More boys begets more bad boys . . . [The additional boys will mean] more murderers, rapists and muggers on the streets than we have today.”
DiIulio speculated that “the demographic bulge of the next 10 years will unleash an army of young male predatory street criminals who will make even the leaders of the Bloods and Crips — known as OGs, for ‘original gangsters’ — look tame by comparison . . . ” DiIulio explained that these boys traveled in “wolf packs,” and that black violence “tended to be more serious” than white violence, “for example, aggravated assaults rather than simple assaults, and attacks involving guns rather than weaponless violence.”
Michelle Alexander may therefore overstate the extent to which the superpredator language was “coded” in the first place; the theory’s most prominent advocate was openly stating that the “wolves” in question were black. He could only have been more explicit about his meaning if he had simply written the “n-word” over and over on the op-ed page of the Wall Street Journal.
In the years since, nearly everyone has abandoned the superpredator story, for the essential reason that it was, to put it simply, statistically illiterate race-baiting pseudoscience. As a group of criminologists explained in a brief to the Supreme Court, “the fear of an impending generation of superpredators proved to be unfounded. Empirical research that has analyzed the increase in violent crime during the early- to mid-1990s and its subsequent decline demonstrates that the juvenile superpredator was a myth and the predictions of future youth violence were baseless.”
In fact, the criminologists had “been unable to identify any scholarly research published in the last decade that provides support for the notion of the juvenile superpredator.” Among the criminologists who filed the brief were John DiIulio and James Q. Wilson, who humbly conceded that their findings had been in error.
The harm done to young people, however, was incalculable.
Having been scientifically diagnosed as remorseless and demonic, poor children accused of crimes were increasingly given the kind of harsh punishments previously reserved for adults. New York University criminologist Mark Kleiman says there was a direct link between that single “fallacious bit of science” and the expansion of the use of the adult justice system to prosecute children.
“Based on [the superpredator theory],” Kleiman writes, “dozens of states passed laws allowing juveniles to be tried and sentenced as adults, with predictably disastrous results.” As the Equal Justice Initiative has observed, “the superpredator myth contributed to the dismantling of transfer restrictions, the lowering of the minimum age for adult prosecution of children, and it threw thousands of children into an ill-suited and excessive punishment regime.”
In early 1996, the Sunday Mail described the panic that was overtaking Illinois:
“It’s Lord of the Flies on a massive scale,” Chicago’s Cook County State Attorney Jack O’Malley said . . . We’ve become a nation being terrorized by our children . . . ” Already, the State of Illinois has introduced new laws to deal with this terrifying new “crime bomb,” ruling that children as young as 10 will be sent to juvenile jails. The State is rushing construction of its first “kiddie prison” to replace the traditional, less punitive “youth detention facility” to enforce the get-tough policy of jail cells instead of cozy dormitories.
The shift to viewing kids as comparable to the worst adult offenders allowed all manner of abuses to be inflicted on young people for whom the effects are especially damaging. Juvenile solitary confinement has been routinely used in American prisons, despite having been recognized as a form of torture by United Nations Human Rights Committee. Kids have been held in tiny cells for twenty-three hours per day, leading to madness and suicide.
The practice produces stories such as that of Kalief Browder, who was sent to Rikers Island jail at the age of sixteen, spending two years in solitary confinement awaiting trial for stealing a backpack, and ultimately killing himself after finally being released and having the charges dropped. A joint report by the ACLU and Human Rights Watch, which interviewed over one hundred people who had been held in solitary confinement while under the age of eighteen, summarized some of the intense psychological torment inflicted:
Many of the young people interviewed spoke in harrowing detail about struggling with one or more of a range of serious mental health problems during their time in solitary. They talked about thoughts of suicide and self-harm; visual and auditory hallucinations; feelings of depression; acute anxiety; shifting sleep patterns; nightmares and traumatic memories; and uncontrollable anger or rage. Some young people, particularly those who reported having been identified as having a mental disability before entering solitary confinement, struggled more than others. Fifteen young people described cutting or harming themselves or thinking about or attempting suicide one or more times while in solitary confinement.
Housing juveniles in adult facilities can be an equally inhumane practice in itself. As the weakest members of the population, juveniles housed in adult facilities are likely to be brutally raped by older inmates, and are at an increased risk of suicide.
T. J. Parsell was sent to prison in Michigan at the age of seventeen for robbing fifty-three dollars from a one-hour photo store using a toy gun. He describes his arrival:
On my first day there — the same day that my classmates were getting ready for the prom — a group of older inmates spiked my drink, lured me down to a cell and raped me. And that was just the beginning. Laughing, they bragged about their conquest and flipped a coin to see which one of them got to keep me. For the remainder of my nearly five-year sentence, I was the property of another inmate.
Teenagers like Parsell were being housed in adult facilities long before the “superpredator” horror stories. But the more young offenders are dehumanized, the more dilapidated becomes the thin barrier of empathy that keeps society from inflicting psychological, physical, and emotional torment on the weak. As Natasha Vargas-Cooper writes, while “the scourge of the super-predators never came to be … the infrastructure for cruelty, torture, and life-long captivity of juvenile offenders was cemented.”
But to say the “superpredator” notion has been “discredited” is to overestimate the extent to which it was accepted in the first place, and risks exonerating those who recited the term during the mid nineties. The moment the “superpredator” concept was introduced, reputable criminologists stepped forward to rebut it. Few serious scholars gave the notion any credence, and they made their objections loudly known.
“Everybody believes that just because it sounds good,” the research director of the National Center for Juvenile Justice told the press in 1996. Harvard government professor David Kennedy said that “What this whole super-predator argument misses is that [increasing teen violence] is not some inexorable natural progression” but rather the product of “very specific” social dynamics such as the easy availability of guns.
Other public policy experts called the idea “unduly alarmist” and said its proponents “lack a sense of history and comparative criminology.” DiIulio himself didn’t try to persuade the rest of his field; the Toronto Star reported that “asked recently to cite research supporting his theory, DiIulio declined to be interviewed.”
The political conservatism of the theory was hardly smuggled in under cover of night. DiIulio’s “Coming of the Super Predators” first appeared in William Kristol’s conservative Weekly Standard, and the handful of scholars who peddled the theory had strong, open ties to right-wing politics, so it was plainly partisan rather than scholastic.
Even the language used by the professors, of “Godless” and “brutal” juveniles without “fixed values,” was plainly the talk of Republican Party moralists, rather than dispassionate social scientists. Nobody in the professional circles of a “children’s rights” liberal like Hillary Clinton would have given the “superpredator” concept a lick of intellectual credence, even when it was at the peak of its infamy.
It was therefore deeply wrong to spread the lie even when it was most popular. Yet to defend it in 2016, as Bill Clinton did, is on another level entirely.
When Bill Clinton said in Philadelphia that he didn’t know how else one would describe the kids who got “thirteen-year-olds hopped up on crack and sent them out to murder” other kids, he revived an ugly legend that led to the incarceration and rape of scores of young people.
Speaking this way can still have harmful ripple effects. When Washington Post writer Jonathan Capehartreported Hillary Clinton’s apology for her remark, he implied that superpredators did exist, but that they didn’t include upstanding young people like the Black Lives Matter activist who had challenged Clinton. Folk tales are slow to die, and people’s fear of teen superpredators is easily revived.
It took years to debunk this tale the first time around; once people believe that young people are potential superpredators, they become willing to impose truly barbaric punishments on kids who break the law.
After all, if such offenders are not actually children, but superpredators, one need not empathize with them. One can talk in terms like “bring them to heel,” which is the sort of thing one says about a dog.
It may have been surprising, given that Hillary Clinton has made a strong effort to connect with African-American voters, that Bill Clinton would have revived a nasty racist cliché about animalistic juveniles. But in fact, this simultaneous maintenance of warmth toward individual African Americans and support for policies that hurt the African American community has been a consistent inconsistency throughout Bill Clinton’s political career.
To read more CLICK HERE

Sunday, September 16, 2018

The Kansas drug offender registry, Megan's Law for drug offenders


Under Kansas law, having a drug conviction means that a photograph and other identifying details are displayed in the same public registry that includes more than 10,000 convicted sex offenders. Many registrants also appear on third-party websites like “Offender Radar” and “Sex Offender Spy,” and it’s easy for a visitor to miss the single word — “drug” — that differentiates drug offenders from sex offenders," report The Marshall Project.
Lawmakers have long justified sex offender registries as a way to notify people about potentially dangerous neighbors or acquaintances, while critics say they fail to prevent crime and create a class of social outcasts. Over the years, several states have expanded their registries to add perpetrators of other crimes, including kidnapping, assault, and murder. Tennessee added animal abuse. Utah added white collar crimes. A few states considered but abandoned plans for hate crime and domestic abuse registries. At least five states publicly display methamphetamine producers.
But Kansas went furthest, adding an array of lesser drug crimes; roughly 4,600 people in the state are now registered as drug offenders. As deaths from opioids rise, some public officials have focused on addiction as a public health issue. Kansas offers a different approach, as law enforcement officials argue that the registry helps keep track of people who may commit new offenses and cautions the public to avoid potentially dangerous areas and individuals. At the same time, many registrants say it can be hard to move on when their pasts are just a click away for anyone to see.
The Kansas legislature is currently considering a bill proposed by the state’s sentencing commission that would remove drug offenders from the registry. “It is a drain on resources with no science, studies, or data to justify it,” defense lawyer Jennifer Roth told lawmakers at an early February hearing.
To read more CLICK HERE

Monday, July 9, 2018

Meth is back and it's more lethal than ever


While the opioid crisis takes the spotlight, prosecutors and police say they also have been coming to grips with the devastating rebound of meth, which is killing more people in America today than in the mid-2000s when it was the national problem everyone was talking about.
Deaths related to stimulants — mostly meth — were up nationwide by more than 250 percent from 2005 to 2015, according to the Centers for Disease Control and Prevention.
In Georgia, deaths involving meth have increased every year since 2010, more than tripling from 65 in 2010 to 200-plus last year, data from the Georgia Bureau of Investigation says. And those numbers don’t even include Gwinnett, Fulton, Cobb and DeKalb, where the data is tracked differently. But Atlanta U.S. Attorney Byung J. “BJay” Pak says the metro area also is seeing an alarming jump in the number of people using and a significant increase in deaths, reported the Atlanta Journal-Constitution.
To read more CLICK HERE

Tuesday, April 24, 2018

Feds in Detroit seek death penalty for drug trafficking


Earlier this year federal prosecutors in Detroit filed a rare "Notice of Intent to Seek the Death Penalty" in the case of a gang suspect who is charged with a raft of murderous crimes.
And Billy Arnold, 31, likely won't be the only member of the Seven Mile Bloods to be fighting for life in U.S. District Court in Detroit, according to court officials.
Arnold is one of several members of the gang facing charges where the death penalty may be applied, officials to the Detroit Free Press. The Department of Justice is reviewing those cases to determine whether the death penalty should be invoked, they said.
Although Michigan was the first state to ban the death penalty in state courts — in 1847 — capital punishment can still be sought in federal cases. Arnold was charged in March 2016, along with six other gang members, with murder in aid of racketeering, attempted murder, RICO conspiracy and other crimes. The Seven Mile Bloods gang has been linked in court pleadings to trafficking in prescription pills and to using violence to protect their sales turf.
To read more CLICK HERE

Saturday, November 4, 2017

GateHouse: America’s opioid crisis a ‘national emergency’

Matthew T. Mangino
GateHouse Media
November 3, 2017
Last week, President Donald Trump directed the Department of Health and Human Services to declare the opioid crisis a public health emergency. According to The Associated Press, the opioid epidemic is the most widespread and deadly drug crisis in American history.
Opioids are manmade drugs created to reduce pain, and in some instances, to curtail addiction. Opioids include both legal painkillers like morphine and oxycodone and addiction treatment drugs like methadone. In addition, opioids include illegal drugs such as heroin.
To put the crisis into perspective consider this, the National Center for Health Statistics in 2016 reported there were more 64,000 overdose deaths in the United States—76 percent involved opioids. That is an average of 134 opioid overdose deaths a day.
Drug overdoses already kill more Americans than car crashes and, in a grim milestone, more people died from heroin-related causes than from gun homicides in 2015. As recently as 2007, gun homicides outnumbered heroin deaths by more than 5 to 1, reported the Washington Post.
No place has experienced the suffering of opioid addiction more than West Virginia. The Charleston Gazette-Mail analyzed shipment data from the U.S. Food and Drug Administration and found that 423 million opioid painkillers were delivered to West Virginia between 2007 and 2012.
In Kermit, West Virginia, population 392, drug companies shipped nearly 9 million opioid pills over 2 years to a single pharmacy, reported the Post.
Trump said, “This epidemic is a national health emergency . . . No part of our society—not young or old, rich or poor, urban or rural—has been spared this plague of drug addiction and this horrible, horrible situation that’s taken place with opioids.”
In fact, the opioid crisis is so far-reaching that it has had an impact on life expectancy in this country. While overdose deaths in general in the U.S. more than doubled in 15-years, opioid overdoses more than tripled, revealed a study from the Centers for Disease Control. The study found that the average American’s life expectancy grew from 2000 to 2015. In 2016, the opioid crisis and related overdoses have shaved 2.5 months off that number.
This week, the President’s Commission on Combating Drug Addiction and the Opioid Crisis recommended a national media campaign to encourage opioid addicts to seek help. Only 10.6 percent of people who need treatment get it, the report noted.
The media campaign would encourage addicts to “stop being afraid or ashamed of seeking help when facing their addiction.”
The commission also suggests expansion of drug courts, in which addicts convicted of nonviolent offenses are diverted into programs that combine treatment with mandatory drug testing and court appearances. The commission said drug courts, which are currently offered in just 44 percent of U.S. counties, should embrace medication-assisted treatment to improve outcomes.
The president touched on a media campaign when he announced that the opioid crisis is a national emergency. Trump said the government would produce “really tough, really big, really great advertising” aimed at persuading Americans not to start using opioids in the first place. The New York Times suggests that Trump is seemingly harking back to the “Just Say No” antidrug campaign led by Nancy Reagan in the 1980s.
“This was an idea that I had, where if we can teach young people not to take drugs,” Trump said, “it’s really, really easy not to take them.”
What was absent from the president’s declaration and the commission’s report was resources. The commission made recommendations regarding the distribution of existing federal funds, but made no demand for additional funding.
Practitioners on the frontline fighting addiction are concerned that the proposals are meaningless without dedicating resources for implementation. The concern is amplified when the commission talks of reshuffling existing funding at the expense of existing programs.

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book “The Executioner’s Toll, 2010” was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter at @MatthewTMangino.
To visit the column CLICK HERE

Thursday, November 2, 2017

Opioid epidemic frightening but not unprecedented

The opioid epidemic is the most widespread and deadly drug crisis in the nation’s history. But there has been a long string of other such epidemics, each sharing chilling similarities with today’s unfolding tragedy, reported The Associated Press.
There was an outbreak after the Civil War when soldiers and others became addicted to a new pharmaceutical called morphine, one of the first of many man-made opioids. There was another in the early 1900s after a different drug was developed to help “cure” morphine addiction. It was called heroin.
Cocaine was also developed by drugmakers and sold to help morphine addiction. It cleared nasal passages, too, and became the official remedy of the Hay Fever Association. In 1910, President William H. Taft told Congress that cocaine was the most serious drug problem the nation had ever faced.
Over the next century, abuse outbreaks of cocaine, heroin, and other drugs like methamphetamine, marketed as a diet drug, would emerge and then fall back.
Alcohol and cigarettes were — and remain — the nation’s primary addictions. Both kill far more people than drugs. But since the middle of the century, there’s been wave after wave of other drug abuse outbreaks.
Amphetamines, developed in the 1930s, took off in the 1950s. Marketed by drug companies and promoted by doctors, they were used for weight loss, anxiety and depression. Methamphetamine, developed by the Burroughs Wellcome drug company, was often prescribed as a diet pill and abused by those attracted by the surge of energy it produced. Users who injected it were known as “speed freaks.”
Like the heroin surge before it, crack was seen as tied to urban blight and violent crime. This triggered a new drug war, including the “this is your brain on drugs” TV spots that showed frying eggs, and harsh jail sentences for the sale and possession of crack that were far more severe than the penalties for regular cocaine.
The crack epidemic died out in the 1990s, tailing off at roughly the same time both in cities that aggressively arrested people and cities that didn’t. Experts said the police crackdown contributed, but more important was society’s growing repulsion to the drugs. Families and communities were shattered by crack-related murders and arrests. The drug’s users came to be regarded as disgraceful “crackheads.” Even risk-taking kids, looking for new highs, started to avoid crack.
Health officials are fighting the opioid epidemic on three fronts: Preventing overdose deaths, helping people recover from addiction, and preventing new addictions.
There appears to be some success on the first front. The number of new addictions may be receding.
A recent federal report noted a downward trend in “opioid misuse” in adults younger than 50. Prescription rates are falling, though they remain far higher than years ago. And according to a closely watched University of Michigan study of adolescents, use of the opioids OxyContin and Vicodin has been low and falling for several years. In 2016, heroin use was the lowest in the survey’s 41-year history.
“I suspect we may be past the peak (of the epidemic), at least in terms of initiation,” said Jonathan Caulkins, a drug policy scholar at Carnegie Mellon University.
To read more CLICK HERE


Monday, August 28, 2017

Alabama women's prison population soars

The women's prison population increased in Alabama by 66 percent between 2002 and 2013, driven almost entirely by a surge in the number of white women behind bars, reported The Birmingham News. About 50 percent of women in prison have been convicted of non-violent offenses, according to data provided by the Alabama Sentencing Commission, compared to 25 percent for the entire prison population, which is more than 90 percent male.
The reasons for the influx of white women into prison aren't entirely clear. Marc Mauer, executive director of the Sentencing Project, has documented dramatic changes in the racial makeup of female prisoners across the country. He said tough sentencing for drug crimes accounts for much of the growth in the number of incarcerated women, driven by the decline of crack - which was more prevalent in inner cities - and the rise of meth and opioids in rural areas.
Incarceration is just one symptom of deeper problems affecting white women, especially those with little education who live in rural areas, Mauer said. Demographers last year noted a rare decline in life expectancy for this group, driven by a surge in deaths from alcohol, drugs and suicide. Deaths among middle-aged women in small cities, towns and rural communities have risen the most, according to economists Ann Case and Angus Deaton.
Many of the same things that are killing rural American women - including mental illness and substance abuse - are also sending them to prison, Mauer said. The loss of factory and agriculture jobs have jolted Alabama communities once anchored by coal mines, lumber mills and textile plants. Jobless residents increasingly turn to drugs and crime. Rural communities are now struggling with the same problems that used to be linked to inner cities, Mauer said.
"Black communities have been hit with economic problems for the last hundred years," he said. "There may be more support from churches and within the community for people who are struggling in black communities. Some of these white communities are dealing with these problems for the first time."
To read more CLICK HERE

Wednesday, August 9, 2017

Oregon legislature looks to decriminalize hard drugs, Governor expected to sign

On July 6th, the Oregon legislature voted to decriminalize cocaine, heroin, methamphetamine, oxycodone, LSD, and ecstasy, reported The Hill. While reform of prohibitions on both medical and recreational use of marijuana has gained popularity in states across the country, most people remain skeptical of the benefits of reducing or eliminating criminal penalties for harder drugs. Yet, rolling back prohibitions on harder drugs is likely to bring greater benefits than those produced by the relaxation of marijuana prohibitions precisely because the harder drugs are more dangerous.
Oregon House Bill 2355, which would become state law if Governor Kate Brown signs it as expected, decriminalizes the possession of small amounts of the drugs for people who do not have more than two prior drug convictions or any felony convictions. If it becomes law, Oregon will become the first state to decriminalize these hard drugs.
In 1973, Oregon became the first state to decriminalize possession of small amounts of marijuana and, in 2015, it became the 4th state to legalize the sale of marijuana for recreational use. Today, eight states and the District of Colombia have legalized recreational use and most states have passed some version of decriminalization or removed prohibitions on the use of medical marijuana.
To read more CLICK HERE

Wednesday, May 31, 2017

Incarceration: 'More is not always better'

Barack Obama tried to reduce the number of absurdly long prison sentences in America, reported The Economist. His attorney-general, Eric Holder, told federal prosecutors to avoid seeking the maximum penalties for non-violent drug offenders. This reform caused a modest reduction in the number of federal prisoners (who are about 10% of the total). President Donald Trump’s attorney-general, Jeff Sessions, has just torn it up. This month he ordered prosecutors to aim for the harshest punishments the law allows, calling his new crusade against drug dealers “moral and just”. It is neither.
More is not always better
Prisons are an essential tool to keep society safe. A burglar who is locked up cannot break into your home. A mugger may leave you alone if he thinks that robbing you means jail. Without the threat of a cell to keep them in check, the strong and selfish would prey on the weak, as they do in countries where the state is too feeble to run a proper justice system.
But as with many good things, more is not always better (see article). The first people any rational society locks up are the most dangerous criminals, such as murderers and rapists. The more people a country imprisons, the less dangerous each additional prisoner is likely to be. At some point, the costs of incarceration start to outweigh the benefits. Prisons are expensive—cells must be built, guards hired, prisoners fed. The inmate, while confined, is unlikely to work, support his family or pay tax. Money spent on prisons cannot be spent on other things that might reduce crime more, such as hiring extra police or improving pre-school in rough neighborhoods. And—crucially—locking up minor offenders can make them more dangerous, since they learn felonious habits from the hard cases they meet inside.
America passed the point of negative returns long ago. Its incarceration rate rose fivefold between 1970 and 2008. Relative to its population, it now locks up seven times as many people as France, 11 times as many as the Netherlands and 15 times as many as Japan. It imprisons people for things that should not be crimes (drug possession, prostitution, unintentionally violating incomprehensible regulations) and imposes breathtakingly harsh penalties for minor offences. Under “three strikes” rules, petty thieves have been jailed for life.
A ten-year sentence costs ten times as much as a one-year sentence, but is nowhere near ten times as effective a deterrent. Criminals do not think ten years into the future. If they did, they would take up some other line of work. One study found that each extra year in prison raises the risk of reoffending by six percentage points. Also, because mass incarceration breaks up families and renders many ex-convicts unemployable, it has raised the American poverty rate by an estimated 20%. Many states, including Mr Sessions’s home, Alabama, have decided that enough is enough. Between 2010 and 2015 America’s incarceration rate fell by 8%. Far from leading to a surge in crime, this was accompanied by a 15% drop.
America is an outlier, but plenty of countries fail to use prison intelligently. There is ample evidence of what works. Reserve prison for the worst offenders. Divert the less scary ones to drug treatment, community service and other penalties that do not mean severing ties with work, family and normality. A good place to start would be with most of the 2.6m prisoners in the world—a quarter of the total—who are still awaiting trial. For a fraction of the cost of locking them up, they could be fitted with GPS-enabled ankle bracelets that monitor where they are and whether they are taking drugs.
Tagging can also be used as an alternative to locking up convicts—a “prison without walls”, to quote Mark Kleiman of New York University, who estimates that as many as half of America’s prisoners could usefully be released and tagged. A study in Argentina finds that low-risk prisoners who are tagged instead of being incarcerated are less likely to reoffend, probably because they remain among normal folk instead of sitting idly in a cage with sociopaths.
Justice systems could do far more to rehabilitate prisoners, too. Cognitive behavioural therapy—counselling prisoners on how to avoid the places, people and situations that prompt them to commit crimes—can reduce recidivism by 10-30%, and is especially useful in dealing with young offenders. It is also cheap—a rounding error in the $80 billion a year that America spends on incarceration and probation. Yet, by one estimate, only 5% of American prisoners have access to it.
The road to rehabilitation
Ex-convicts who find a job and a place to stay are less likely to return to crime. In Norway prisoners can start their new jobs 18 months before they are released. In America there are 27,000 state licensing rules keeping felons out of jobs such as barber and roofer. Norway has a lower recidivism rate than America, despite locking up only its worst criminals, who are more likely to reoffend. Some American states, meanwhile, do much better than others. Oregon, which insists that programmes to reform felons are measured for effectiveness, has a recidivism rate less than half as high as California’s. Appeals to make prisons more humane often fall on deaf ears; voters detest criminals. But they detest crime more, so politicians should not be afraid to embrace proven ways to make prison less of a school of crime and more of a path back to productive citizenship.

To read more CLICK HERE


Tuesday, May 30, 2017

Prosecutor: The renewed drug war 'will target people wearing heavy gold and chains'

A federal prosecutor said that the Department of Justice’s efforts under Jeff Sessions to aggressively prosecute drug crimes will target people wearing “heavy gold and chains,” reported the Daily Caller.
The National Association of Assistant United States Attorneys — an association representing federal prosecutors — held a conference call with reporters expressing their support for Sessions’ objective of going after drug crime offenders.
Larry Leiser, the president of the group and a current prosecutor, said that this will help “young people who see people in the community wearing heavy gold and chains and hot cars as a result of their participating in the distribution of these drugs, as opposed to going out and earning an honest living.”
A reporter interjected and said that these remarks could be construed as racist and Leiser denied that is the case. “It’s intended to be just the reality that unfortunately there are many people in the minority communities that are caught up in this terrible blight of drugs,” he replied.
He said that mandatory minimums help “alleviate the pain and suffering that these drug traffickers perpetrate on their own.”
Leiser added that the drug “plague” affects all communities and pointed to the opioid and heroin epidemic hitting white communities.
To read more CLICK HERE

Saturday, May 27, 2017

GateHouse Media: Ratcheting up the ‘war on drugs’

Matthew T. Mangino
GateHouse Media
May 26, 2017
The Trump administration’s first budget is big on public safety. The budget includes $27.7 billion for the Justice Department, including what the White House calls “critical law enforcement, public safety and immigration enforcement programs and activities.”
President Trump is asking Congress for an increase of $175 million for the Justice Department “to target the worst of the worst criminal organizations and drug traffickers in order to address violent crime, gun-related deaths, and the opioid epidemic.”
Trump’s “tough on crime” rhetoric has resulted in a budget proposal that leaves most criminal justice agencies and programs intact -- the FBI, Drug Enforcement Administration and Bureau of Alcohol, Tobacco and Firearms are stable or rising -- while spending reductions are proposed for a number of other federal agencies.
These increases come as both the FBI and Federal Bureau of Justice Statistics (BJS) show a substantial decline in the violent crime rate since its peak in the early 1990s. Using the FBI numbers, according to Salon, the rate fell 50 percent between 1993 and 2015, the most recent full year available. Using the BJS data, the rate fell by 77 percent during that span.
In addition, the administration says it will save nearly $1 billion in federal prison construction because of a 14 percent decrease in the prison population since 2013, wrote Ted Gest at the The Crime Report.
Wait ... the proposed budget provides more resources for crime fighting and the attorney general pledges to lock-up more drug offenders for longer periods of time and the administration is counting on savings from prisoner reductions?
Counting on continued savings in federal prison spending due to declining inmate population seems a bit disingenuous. Attorney General Jeff Sessions has announced that he wants federal prosecutors to take a tougher stance on drug cases, a move that will inevitably increase the number of federal prisoners.
Sessions wants federal prosecutors to reinitiate the “war on drugs” by charging suspects with the most serious offense that can be proved and imposing more mandatory minimum sentences.
“We know that drugs and crime go hand-in-hand,” Sessions said in a speech on May 12. “Drug trafficking is an inherently violent business. If you want to collect a drug debt, you can’t file a lawsuit in court. You collect it by the barrel of a gun.”
Sessions’ edict reverses a policy implemented by former Attorney General Eric Holder Jr. in August 2013, one that ordered prosecutors to refrain from pursuing drug charges if doing so would trigger lengthy mandatory minimum sentences -- and the defendant was not part of a gang, cartel, or other large-scale drug trafficking organization.
Sessions has always been on the draconian end of illegal drug policy. When he was Alabama’s attorney general, he pushed for a bill that would have provided for the death penalty for individuals convicted of a second drug trafficking offense.
Being tough on crime means filling prisons. According to the Washington Post, in the 1980s, the U.S. began incarcerating people at a higher rate than any other country -- jailing 25 percent of the world’s prisoners at a cost of $80 billion a year. The nation’s prison and jail population more than quadrupled from 500,000 in 1980 to 2.2 million in 2015.
Former President Barack Obama began a clemency initiative late in his second term. He focused on the release of certain drug offenders from prison. He worked to address some obvious racial disparities in sentencing with progressive forward thinking initiatives. Obama and his attorney general were looking to the future.
Compare that with a recent speech by Sessions where he suggested, “Psychologically, politically, morally, we need to say -- as Nancy Reagan said -- ‘Just say no.’”
That’s a general fighting the last war.

-- Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book “The Executioner’s Toll, 2010” was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter at @MatthewTMangino.
To visit the Column CLICK HERE

Friday, May 19, 2017

Senators from both parties attack Sessions’s order to pursue most severe penalties

Attorney General Jeff Sessions’s former colleagues in the Senate are pushing back on his order to federal prosecutors to pursue the most severe penalties possible for defendants, including mandatory minimum sentences, and introducing legislation to give federal judges more discretion to impose lower sentences, reported the Washington Post.
Sen. Rand Paul (R-Ky.), who co-sponsored the legislation, said that Sessions’s new policy will “accentuate” the existing “injustice” in the criminal justice system.
“Mandatory minimum sentences disproportionately affect minorities and low-income communities, while doing little to keep us safe and turning mistakes into tragedies,” Paul said. “As this legislation demonstrates, Congress can come together in a bipartisan fashion to change these laws.”
Last week, in a two-page ­memorandum to federal prosecutors across the country, Sessions overturned former attorney general Eric H. Holder Jr.’s sweeping criminal charging policy that instructed his prosecutors to avoid charging certain defendants with offenses that would trigger long mandatory minimum sentences. In its place, Sessions told his more than 5,000 assistant U.S. attorneys to charge defendants with the most serious crimes, carrying the toughest penalties.
After Sessions released his new policy, it drew bipartisan criticism that the policy would mark a return to mass incarceration, especially of minorities. It was embraced, however, by the National Association of Assistant United States Attorneys, whose president said it would restore more tools to do their jobs.
“An outgrowth of the failed war on drugs, mandatory sentencing strips critical public-safety resources away from law-enforcement strategies that actually make our communities safer,” said Sen. Patrick J. Leahy (D-Vt.).
To read More CLICK HERE