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North Carolina Sheriffs Want to Know What Drugs You're Taking

Location: 
NC
United States
The North Carolina State Sheriffs' Association is seeking access to state computer records that identify which residents have prescriptions for painkillers and other controlled substances. Patient advocates say opening up people's medicine cabinets to law enforcement would deal a devastating blow to privacy rights.
Publication/Source: 
TIME (US)
URL: 
http://wellness.blogs.time.com/2010/09/09/some-state-sheriffs-want-to-know-what-drugs-youre-taking/

Michigan May Be First to Adopt Roadside Drug Testing: Cops Could Check Your Saliva

Location: 
MI
United States
Michigan drivers could become the first in the nation subject to roadside drug testing under a bill introduced Wednesday in the legislature.
Publication/Source: 
Detroit Free Press (MI)
URL: 
http://www.freep.com/article/20100909/NEWS06/9090347/Michigan-may-be-1st-to-adopt-roadside-drug-testing

State Appeals Court Upholds Halt to Drug Testing

Location: 
CA
United States
A California appeals court has upheld a temporary ban on the Shasta County school district’s policy of drug testing students in extracurricular activities as it may violate the state Constitution.
Publication/Source: 
Siskiyou Daily News (CA)
URL: 
http://www.siskiyoudaily.com/state_news/x128166880/State-appeals-court-upholds-halt-to-drug-testing

Colorado Medical Marijuana Patient Tracking Has MMJ Advocates Crying Foul

Location: 
CO
United States
Medical marijuana advocates are concerned that proposed new regulations for the industry will result in patient tracking, scaring patients away from wanting to be a part of the system. The Cannabis Therapy Institute is asking advocates to oppose the draft rules by the Colorado Department of Revenue because they say it will lead to fear.
Publication/Source: 
The Denver Daily News (CO)
URL: 
http://thedenverdailynews.com/article.php?aID=9850

Ethics Panel Rips TV Drug Court

Location: 
AR
United States
Arkansas' judicial officials are questioning whether Washington-Madison County Drug Court, a popular local television program, should be aired. An opinion from the Arkansas Supreme Court Judicial Ethics Advisory Committee, issued Thursday, appears to quash any thought of taking any version of the show national and questions whether it should continue to be broadcast locally. The committee members, two retired judges and a law professor, issued a scathing opinion saying they had concerns with any broadcast of drug court proceedings.
Publication/Source: 
Stuttgart Daily Leader (AR)
URL: 
http://www.stuttgartdailyleader.com/newsnow/x353256866/Ark-panel-issues-opinion-on-televising-drug-court

Race & Justice News: Segregation Behind Prison Bars

 

Race & Justice News

 

Race & Justice News

 

In This Issue:

  • Feature Story » GO
  • Putting Faces on Justice » GO
  • Segregation Behind Prison Bars  » GO
  • Upcoming Events » GO



    Search our Clearinghouse of over 450 books, articles, and reports on racial disparity in the criminal justice system.

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Upcoming Events


Facing Race
"Define Justice and Make Change"
Chicago, IL, September 23-25, 2010

The Facing Race conference will include discussions of hot-button race issues while offering models for change.  It will serve as a focal point for organizations and individuals committed to crafting innovative strategies for changing policy and shaping culture to advance real racial justice. 

Symposium on Crime and Justice
"The Past and Future of Empirical Sentencing Research"
Albany, NY, September 23-24, 2010


The symposium is based on the premise that new advances in sentencing research will come in part from engaging with other disciplines that focus on sentencing issues, and engaging with ongoing public policy issues like prison overcrowding and risk assessment. The main topics will be the role of race in sentencing outcomes, discretion and decision making, managing the criminal justice population, and risk assessment in the sentencing process.

Bureau of Justice Statistics and the Justice Research and Statistics Association 2010 National Conference
"Using Statistics and "Research to Improve Justice Policies and Practices"
Portland, Maine, October 28-29, 2010

The program includes more than 20 panel sessions on topics, including, corrections, domestic violence, human trafficking, racial disparity, reentry, research using national incident based reporting system (NIBRS) data, sentencing, substance abuse, tribal crime data, and victimization, as well as plenary discussions on current justice issues. There will also be skill building seminars (October 26th, 27th, and 30th) on cost-benefit analysis, evaluation methods, and evidence-based programs and practices. 

Contact Us

Do you have a contribution or idea for Race & Justice News? Send an email to The Sentencing Project's research analyst, Valerie Wright.

» CONTACT

 

The Sentencing Project
1705 DeSales Street, NW
8th Floor
Washington, D.C. 20036

 

September 1, 2010

Race & Justice News

"The biggest crime in the U.S. criminal justice system is that it is a race-based institution where African-Americans are directly targeted and punished in a much more aggressive way than white people.  Saying the U.S. criminal justice system is racist may be politically controversial in some circles. But the facts are overwhelming. No real debate about that."
-
- Dr. Nancy Heitzeg, Professor of Sociology and Co-Director of the Interdisciplinary Critical Studies of Race/Ethnicity Program at Saint Catherine University

FEATURED STORY

RACIAL PROFILING PART OF EVERYDAY LIFE IN BROOKLYN

Allegations of racial profiling have become common in many predominantly black neighborhoods across the country. The New York Times recently reviewed police data provided by the New York Police Department, the Center for Constitutional Rights and the New York Civil Liberties Union on police stops and found that the police made nearly 52,000 stops in an eight-block radius of Brownsville, Brooklyn between January 2006 and March 2010. Overall, 88% of individuals stopped were black or Hispanic. Despite the large number of stops only 1% yielded an arrest over a four-year period. Typically, squad cars with flashing lights cruise along the main avenues and officers use their controversial "Stop, Question, and Frisk" tactic on residents.  The encounters are so frequent that they amount to nearly one stop per year for the 14,000 residents over the four-year period.

The Times reports that if police think someone is carrying a weapon or entering a building without a key it is common for them to ask for identification and check to see if the individual has any warrants. In many encounters with police, residents were told that they fit the description of a suspect. However, the data show that less than 9% of stops were made based on "fit description." More often than not, the police listed "furtive movement," a vague category that equates to "other" as the grounds for the stop. This stop-and-frisk strategy has come under intense scrutiny and the New York Civil Liberties Union and the Center for Constitutional Rights have filed lawsuits challenging the NYPD's current practices.  Click here to read more.

PUTTING FACES ON JUSTICE

VOICES FROM BROOKLYN

Watch and listen to the residents from a public housing community in Brownsville, Brooklyn speak for themselves about how they believe they have been unfairly targeted by police stop-and-frisk tactics. One young man states "If you see cops, they automatically search you." Several other residents say they feel "belittled," "violated" and "degraded" as a result of their contact with police.

SEGREGATION BEHIND PRISON BARS

INMATES STILL HOUSED BY RACE AFTER SUPREME COURT RULING

In a 5-3 decision reached in 2005 the U.S. Supreme Court decided that prison officials in California could not rely solely on racial classification when assigning inmate housing.  Historically, prison officials in the state have relied on race to separate male inmates. Five years after the ruling, approximately 165,000 inmates in California are still housed by race and critics argue that the state is not responding quickly enough to the ruling. Part of the problem is that the state Department of Corrections and Rehabilitation does not keep a record of integrated cells and therefore does not know how much change has occurred. In addition, only four of California's 30 prisons have implemented guidelines that consider additional factors such as gang affiliation and offense committed in determining housing location. 

One prison spokesman, Lt. Anthony Gentile, asserted that "These boundaries are determined by the inmate population." Another spokeswoman, Terry Thornton, emphasizes that there is no deadline for ending segregation by race in prisons and such changes should be implemented slowly. In addition, she points out that,  "The deficit-ridden state also has no money for additional training needed for prison staffers to learn the new ways to assign cellmates." Click here to read more.   

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The Sentencing Project is a national, nonprofit organization engaged in research and advocacy for criminal justice reform.

  

Police Ignore 'No trespassing' Sign, So Court Ignores Drug Evidence

Location: 
Selma, OR
United States
An Oregon judge has tossed out evidence seized in a marijuana case after ruling that police ignored "no trespassing" signs while acting on a tip in a drug raid last year.
Publication/Source: 
KVAL (OR)
URL: 
http://www.kval.com/news/local/101804673.html

U.S. Efforts Fail to Stem Flow of Mexican Drug Money

Stashing cash in spare tires, engine transmissions and truckloads of baby diapers, couriers for Mexican drug traffickers are moving tens of billions of dollars in drug prohibition profits south across the border each year, a river of dirty money that has overwhelmed U.S. and Mexican customs agents.
Publication/Source: 
The Washington Post (DC)
URL: 
http://www.washingtonpost.com/wp-dyn/content/story/2010/08/25/ST2010082506297.html?sid=ST2010082506297

Texas Now Prosecuting TWO Medical Marijuana Patients [FEATURE]

Asthmatic medical marijuana patient Chris Diaz sits in jail in Brownwood, Texas, facing up to life in prison for a half ounce of marijuana and three grams of hash. Quadraplegic medical marijuana patient Chris Cain may be joining Diaz behind bars in Beaumont, Texas, after he goes to trial next week. When it comes to medical marijuana, Texas isn't California (or even Rhode Island), and don't you forget it, boy!

seat of injustice
Chris Diaz is learning that the hard way. He was supposedly pulled over for an expired license tag (his defenders say the tag was not expired) while en route from Amarillo to Austin, and according to the DPS trooper's report, would not produce a drivers' license or proof of insurance. He was then arrested for failure to identify, and during a subsequent search, police found a small amount of hashish on his person. A search of the vehicle then turned up additional hash and marijuana in a pill bottle from a California medical marijuana provider. Now, Diaz is facing up to life in prison after being indicted by a Brown County grand jury. He is charged with possession of a controlled substance with intent to deliver, a first-degree felony in the Lone Star State.

Under Texas law, possession of less than two ounces of marijuana is a Class B misdemeanor punishable by up to six months in jail, while possession of hashish is either a state jail felony punishable by up to two years for less than a gram, or a second-class felony punishable by up to 20 years if less than four grams, although probation is also possible.

But because police allegedly read a text message on Diaz's seized cell phone advising a friend that he had some great hash and asking if he wanted any, he was instead indicted on the trafficking charge, punishable by up to life in prison. He remains behind bars -- without his medicine -- on a $40,000 cash bond.

Diaz was diagnosed with asthma just before he turned three, his mother, Rhonda Martin said. "He was on medications ever since. He used a nebulizer, all kinds of inhalers, Albuteral, Advair. He stopped taking them when he was 14 because he didn't like the effects," she recalled. "He said the steroids made him feel agitated and wouldn't take those chemical medications anymore."

While the family was aware of medical marijuana, it was only when Diaz fell ill during a family vacation in California and was hospitalized in intensive care that they first learned about medical marijuana for the treatment of asthma. "We were put in touch with a doctor there, and he recommended it. It was his recommendation Chris was carrying," said Martin.

Neither Brown County prosecutors nor Diaz's court-appointed public defender had responded to Chronicle requests for comment by press time.

Diaz and some of his strongest supporters, including his mother, consider themselves "sovereign citizens," and have a web site, I Am Sovereign, in which they argue their case and attempt to win support for Diaz. But that set of beliefs, which precludes carrying government-issued identification, is also complicating things for Diaz. "Failure to identify" was the first charge he faced, and he was searched and the cannabis was found subsequent to being charged with that. Similarly, the authorities' lack of any records or ID for Diaz played a role in the setting of the high bail.

He's not having an easy time of it in jail, said Martin. "He is not receiving any medical attention. He eats only organic food, but he's not getting that. He was assaulted last Sunday by a jailer when he asked for medication. The jailer got in his face and started screaming and pushing him. Chris didn't react. He is a peaceful man."

"The reality is that this kid is in jail for having medical marijuana and is looking at life in prison," said Stephen Betzen, director of the Texas Coalition for Compassionate Care, which is lobbying for a medical marijuana bill next year in the state legislature. "You've got to be kidding me. You don't give drug addicts life in prison, so why would you do that to a patient with a legitimate recommendation from another state?"

http://stopthedrugwar.org/files/chris-cain.jpg
Chris Cain
Betzen also had real issues with Diaz being stopped in the first place. "The fact of the matter is that Chris was driving home to Austin with legal plates," he said. "The cops lied and said they were expired. Not only did they lie to pull him over, they took a kid with no record and charged him with a life sentence offense for three grams of hash. The people who are perpetrating this need to be brought to justice and their victims need to be released from jail," said Betzen. "You can't just pull people over because they're brown or from California and begin to search them. There's a whole amendment about that."

"I'm surprised somebody is facing a life sentence for basically half an ounce," said Kris Hermes, spokesman for the medical marijuana support group Americans for Safe Access. "But in states that don't have medical marijuana laws, authorities are free to arrest and prosecute regardless of whether it is being used medicinally."

Meanwhile, over in Hardin County in East Texas, Chris Cain, 39, will be rolling his wheelchair to court next week, where the quadriplegic faces a jail sentence for possessing less than two ounces of medical marijuana. Cain, who was paralyzed in a diving accident as a teenager, has been an outspoken medical marijuana advocate for a decade.

He was arrested in 2005 when the Hardin County Sheriff's Office raided his home with the assistance of two helicopters, seized three joints, and threw him in jail. He wound up on probation, but could not use his medicine.

"Within six weeks, the spasticity was so bad he was developing bed sores," said Betzen, so he started using again. "The cops would come by every two weeks to see if he was healthy enough to go to jail."

Now, he faces trial again for possession. "They actually want to put him in jail," exclaimed Betzen. "The sheriff there really has a vendetta against him."

While Texas certainly needs to enter the 21st Century when it comes to medical marijuana, the problem is larger than the Lone Star State, said Hermes. "It's critical that we develop a federal medical marijuana law so that people are not treated differently in Texas than in California, and patients who need this medicine in Texas should be allowed to use it with fear of arrest and prosecution. Americans for Safe Access is committed not only to encouraging states to pass medical marijuana laws irrespective of federal policy, but also to push the federal government to develop a policy that will treat patients equitably no matter where in the US they live."

TX
United States

Atlanta Pays $4.9 Million for Kathryn Johnston Botched Drug Raid Killing

The city of Atlanta will pay $4.9 million to the estate of Kathryn Johnston, the 92-year-old African American woman killed by Atlanta narcotics officers in a drug raid nearly four years ago. Mayor Kasim Reed announced the settlement Monday morning. The city council approved it that same afternoon.

never forget
On November 21, 2006, Johnston was alone in her home when three Atlanta undercover narcs with a no-knock search warrant based on false information attempted a dynamic entry raid. The elderly woman fired one shot from an old pistol as the intruders tried to break down her door. They responded by firing at least 39 shots at the woman, who died at the scene -- in handcuffs.

No drugs were found. The officers involved attempted to cover their tracks by planting marijuana they had seized in a separate raid. They also tried to get an informer to say that he had provided them with the information in the warrant when he hadn't. The narcs' cover-up unraveled when the informant went to the FBI.

After an investigation by the FBI, five officers pleaded guilty for their roles in the shooting and cover-up. The three officers directly involved in the botched raid are serving sentences of five, six and ten years. Another six were reprimanded for not following departmental policy.

Reed said the settlement was an important step for the city and the police department, which came under intense, withering criticism in the raid's aftermath. "As a result of the incident, several police officers were indicted in federal and state court on charges and were later convicted and sentenced for their actions," said Reed, adding that the narcotics unit has been totally reorganized.

There is more the department needs to do, said Christina Beamud, executive director of the Atlanta Citizens Review Board. "This goes a long way to encourage the community to begin to heal and to address whatever issues they have with the police department," she told WABE FM Monday afternoon. But, she added, reforms in the department are still needed. One group of rogue officers may be gone, she said, "But where you have a group of officers continuing to do the same kind of improper procedures, then you have to look at your systems." She said the department should scrap quotas for drug arrests and end the policy of allowing officers to moonlight when not on duty.

Johnston's heirs will receive $2.9 million this year and $2 million in 2012 under the terms of the settlement.

Atlanta, GA
United States

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