Incarceration

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Cameron Douglas Writes from Behind Bars

Actor Cameron Douglas was serving five years prison time for a drug law violation, when he was tested positive for drug use. The judge added 4.5 more years to his sentence, the heaviest penalty ever dealt out in that situation. He wrote an editorial, "Words Behind Walls," submitted by his girlfriend on his behalf to the Huffington Post.

"Words Behind Walls" is not mainly about his own story -- although he goes into being kept in solitary confinement for 11 months -- but mostly about the tragedy and injustice of half a million nonviolent drug offenders in the prisons and jails, many simply in a cycle of addiction and relapse like he is.

His piece, linked above, is worth reading -- but not before I remark on the incomprehensible cruelty shown by the judge in this case. That judge must be some kind of lost soul himself. At least that is how it looks from here.

Angry Afternoon (The Human and Fiscal Cost of the Medical Marijuana Wars)

Two reports came out today about the federal government's attacks on medical marijuana providers. First, California NORML surveyed court records connected with medical marijuana cases, finding nearly 500 person years of incarceration for medical marijuana defendants. Second, Americans for Safe Access has estimated $300 million spent by the Obama administration on anti-medical marijuana enforcement, after $200 million spent in two terms of the Bush administration -- half a billion total.

Dale Schafer and Mollie Fry (canorml.org)
Among the cases highlighted are those of people like Richard Flor, Montana medical marijuana provider who died in federal prison. They include the husband and wife defendants Dale Schafer (a hemophiliac) and Dr. Mollie Fry (a cancer patient). Not highlighted in the release, but on the list, is my friend Bryan Epis, California's second medical marijuana defendant and the first to be convicted. Bryan is getting out soon, but he's spent too many years behind bars. There are many more, of course.

Some people argue that these people knowingly took a risk, violating federal law, and even if one disagrees with a law, it's the law and prosecutors are bound to uphold it. But that misses a basic ethical point, and a practical one. In practical terms, police and prosecutors have discretion to focus their resources on the cases of most importance to them. They also can choose not to prosecute, or make deals to let people out of prison time, no abuse of discretion being thereby committed. In many cases that's what happened.

And so in a situation such as this one -- states passing pro-medical marijuana laws, now even legalization laws, the Obama administration effectively encouraging people further by promising a more-or-less hands off approach to the issue, that clearly would have been the right approach for officials to take. If they felt (rightly or wrongly) that they had to shut down certain operations, the ethical approach, given all that came before, would have been to tell the people things have changed, they have to stop doing what they're doing or face prosecution, but giving them that chance. (The same idea applies to Marc Emery, whose business was accepted by authorities for nine years until they hit him with the years he's serving.)

Instead of doing that, in the many cases CANORML has highlighted, they instead let the parties go about their business for years, until they had the evidence compiled they would need to get the extremely harsh sentences they wanted. If these outlets were really harming the public, shouldn't they have moved to close them down as soon as they could instead? I thought the point of our laws was to protect the public, not to destroy the individuals targeted by the law.

Those are a few of the reasons it's an angry afternoon for me.

Celebrities Urge Obama Forward on Drug, Sentencing Reform [FEATURE]

A coalition of more than 175 artists, actors, athletes, elected officials, and civil rights and civil liberties advocates Tuesday sent an open letter to President Obama urging him to redouble his efforts to shift from a punitive, repressive federal criminal justice policy to one emphasizing prevention and rehabilitation.

Russell Simmons, 2012 Tribeca Film Festival (courtesy David Shankbone via Wikimedia)
The US is the world's leading incarcerator, with more than 2.3 million people behind bars. The US leads the world both in absolute numbers of prisoners and in prisoners per capita, with 715 per capita, comfortably leading the nearest per capita contenders, Russia (584) and Belarus (554).

Of those 2.3 million people behind bars, more than 500,000 are charged with drug offenses. While the number of prisoners being held by the states and the number of drug offenders held by the states have begun to decline slightly in recent years as state-level policy makers grapple with economic problems, the federal prison population continues to grow, driven in part by drug offenders. According to the Bureau of Justice Statistics, there were some 95,000 federal drug war prisoners at the end of 2011, nearly half the federal prison population. That's up from only 70,000 a decade ago.

"It is critical that we change both the way we think about drug laws in this country and how we generate positive solutions that leave a lasting impact on rebuilding our communities," said hip-hop mogul Russell Simmons, who helped organize the star-studded effort. "We need to break the school to prison pipeline, support and educate our younger generations and provide them with a path that doesn’t leave them disenfranchised with limited options."

In the letter, the coalition praised Obama for criminal justice reforms he had undertaken, such as the Fair Sentencing Act, which reduced (but did not eliminate) the crack-powder cocaine sentencing disparity, but urged him to do more. "Mr. President, it is evident that you have demonstrated a commitment to pursue alternatives to the enforcement-only "War on Drugs" approach and address the increased incarceration rates for non-violent crimes," the letter said. "We believe the time is right to further the work you have done around revising our national policies on the criminal justice system and continue moving from a suppression-based model to one that focuses on intervention and rehabilitation."

The coalition called for specific reforms.

"Some of the initial policies we recommend is, under the Fair Sentencing Act, extend to all inmates who were subject to 100-to-1 crack-to-powder disparity a chance to have their sentences reduced to those that are more consistent with the magnitude of the offense," the letter said. "We ask your support for the principles of the Justice Safety Valve Act of 2013 (Senate Bill 619), which allows judges to set aside mandatory minimum sentences when they deem appropriate."

The letter also implicitly chided the Obama administration for its failure to make much use of his power to pardon and commute sentences. In fact, Obama has pardoned prisoners or commuted sentences at a much lower rate than any of his recent predecessors. He has granted only 39 pardons and one commutation (of a terminally ill cancer patient) in five years in office, while failing to act on such deserving and well-publicized cases as that of Clarence Aaron, who is now 20 years into a triple life sentence for a cocaine deal in which he was neither the buyer, seller, or supplier of the drugs.

"We ask that you form a panel to review requests for clemency that come to the Office of the Pardon Attorney," the letter said. "Well-publicized errors and omissions by this office have caused untold misery to thousands of people."

The letter also applauded Obama's "staunch commitment" to reentry programs for prisoners who have finished their sentences and urged him to expand those transition programs, and it urged him to support the Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education (Youth PROMISE) Act (House Bill 1318), "a bill that brings much needed focus on violence and gang intervention and prevention work."

The coalition also asked for a meeting with the president.

"We request the opportunity to meet with you to discuss these ideas further and empower our coalition to help you achieve your goals of reducing crime, lowering drug use, preventing juvenile incarceration and lowering recidivism rates," the letter said.

From the Hollywood community, signatories to the letter included: Roseanne Barr, Russell Brand, Jim Carrey, Cedric The Entertainer, Margaret Cho, Cameron Diaz, Mike Epps, Jamie Foxx, Jon Hamm, Woody Harrelson, Ron Howard, Eugene Jarecki, Scarlett Johannson, the Kardashians, LL Cool J, Eva Longoria, Demi Moore, Michael Moore, Tim Robbins, Chris Rock, Susan Sarandon, Sarah Silverman, Jada Pinkett Smith, Will Smith, and Mark Wahlberg.

From the music community, signatories included: Big Boi of Outkast, Sean "Diddy" Combs, Chuck D, DJ Envy, DJ Pauly D, Ani Difranco, Missy Elliot, Ghostface Killah, Ginuwine, Jennifer Hudson, Ice-T, Talib Kweli, John Legend, Ludacris, Lil Wayne, Natalie Maines, Nicky Minaj, Busta Rhymes, Rick Ross, RZA, and Angela Yee.

From the civil rights and civil liberties community, signatories included: Harry Belafonte, Julian Bond, Dr. Benjamin Chavis, Law Enforcement Against Prohibition leader Neill Franklin, Rev. Jesse Jackson, NAACP head Benjamin Todd Jealous, National Urban League leader Marc Morial, Drug Policy Alliance head Ethan Nadelmann, Rev. Al Sharpton, ACLU head Anthony Romero, Families Against Mandatory Minimums head Julie Stewart, and Dr. Boyce Watkins.

From the faith community, signatories included:  Bishop James Clark, Bishop Noel Jones, Bishop Clarence Laney, Bishop Edgar Vann, Dr. Iva Carruthers, Deepak Chopra, Father Michael Pfleger, Rabbi Robyn Fryer Bodzin, Rabbi Menachem Creditor, Rabbi Nina Mandel, Rev. Jamal Bryant, Rev. Delman Coates, Rev. Leah D. Daughtry, Rev. Dr. Fredrick Haynes, Rev. Michael McBride, Rev. Dr. W Franklyn Richardson, and Rev. Barbara Skinner Williams.

Media and academic figures who signed on include: CNN's TJ Holmes, Radio One's Cathy Hughes and Alfred Liggins, former MSNBC host (and now hydroponic farmer!) Dylan Ratigan, "The New Jim Crow" author Michelle Alexander, Michael Eric Dyson, Naomi Klein, Julianne Malveaux, and Spelman College's Dr. Beverly Daniel Tatum.

Also signing were businessmen Virgin Airlines magnate Sir Richard Branson, US Black Chamber of Commerce head Ron Busby, and St. Louis Rams owner Chip Rosenbloom, elected officials Congressman Tony Cardenas (D-CA), Congressman Keith Ellison (D-MN), Congresswoman Marcia Fudge (D-OH), Congresswoman Barbara Lee (D-CA), Congressman Bobby Rush (D-IL), and Congressman Bobby Scott (D-VA), and professional athletes Brendon Ayanbadejo, Lamar Odom, Isaiah Thomas, and MikeTyson, among others.

"The letter is intended to be a respectful appeal to the Obama administration asking that we develop productive pathways to supporting families that have been harmed by the War on Drugs," said Dr. Boyce Watkins, author, entrepreneur, and current scholar in residence in entrepreneurship and innovation at Syracuse University. "Countless numbers of children have been waiting decades for their parents to come home, and America is made safer if we break the cycle of mass incarceration. Time is of the essence, for with each passing year that we allow injustice to prevail, our nation loses another piece of its soul. We must carefully examine the impact of the War on Drugs and the millions of living, breathing Americans who've been affected.  It is, quite simply, the right thing to do."

"So called 'tough on crime' policies have failed our nation and its families, while 'smart on crime' policies work," said NAACP head Benjamin Todd Jealous. "When we know that drug treatment is seven times more effective than incarceration for drug addicts, basic human decency demands our nation makes the switch. The fate of hundreds of people and the children who need them home and sober hang in the balance. Great progress is being made in states from New York to Georgia with strong bipartisan support. The time has come for all of us to do all that we can. The future of our families, states, and nation demand it."

Will President Obama respond to this clarion call for action? Stay tuned.

Drug Sentences Driving Federal Prison Population Growth, Government Report Finds

In a report released Wednesday, the Government Accountability Office (GAO) found that growth in the federal prison population is outstripping the Bureau of Prisons' (BOP) rated capacity to house prisoners and that the bulge in federal prisoners is largely attributable to drug prisoners and longer sentences for them. That growing inmate overcrowding negatively affects inmates, staff, and BOP infrastructure, the GAO said.

The federal prison population increased 9.5% from Fiscal Year 2006 through FY 2011, exceeding a 7% increase in rated capacity. Although BOP increased the number of available beds by 8,300 during that period by opening five new facilities (and closing four minimum security camps), the number of prisons where overcrowding is occurring increased from 36% to 39%, with BOP forecasting overcrowding increasing to encompass 45% of prisons through 2018.

The drug war and harsh federal drug sentencing are the main drivers of the swelling federal prison population. The GAO reported that 48% of federal prisoners were drug offenders last year, and that the average sentence length for federal drug prisoners is now 2 ½ times longer than before federal anti-drug legislation passed in the mid-1980s.There are also now more than 100,000 federal drug prisoners, more than the total number of federal prisoners as recently as 20 years ago.

The negative effects of federal prison overcrowding include "increased use of double and triple bunking, waiting lists for education and drug treatment programs, limited meaningful work opportunities, and increased inmate-to-staff ratios," the report found. All of those "contribute to increased inmate misconduct, which negatively affects the safety and security of inmates and staff." The report also noted that "BOP officials and union representatives voiced concerns about a serious incident [read: riot] occurring."

For this report, the GAO also examined prison populations in five states and actions those states have taken to reduce populations. It found that the states "have modified criminal statutes and sentencing, relocated inmates to local facilities, and provided inmates with additional opportunities for early release."

Noting that the BOP does not have the authority to modify sentences or sentencing, it nevertheless identified possible means for Congress to address federal prison overcrowding. It could reduce inmate populations by reforming sentencing laws or it could increase capacity by building more prisons, or some combination of the two.

Or it could remove drug control from the ambit of criminal justice altogether and treat the use and distribution of currently illegal drugs as a public health problem.

Washington, DC
United States

US-Mexican Caravan for (Drug War) Peace Gets Underway [FEATURE]

Last Sunday, dozens of Mexican activists led by poet Javier Sicilia crossed into the US at San Diego to begin a weeks-long Caravan for Peace and Justice that will take them more than 6,000 miles through 27 cities in a bid to focus attention on the drug war's terrible toll in both countries. They were met there by representatives of the more than 100 US organizations that are joining and supporting the Caravan as it makes its way toward Washington, DC.

"Our purpose is to honor our victims, to make their names and faces visible," Sicilia said. "We will travel across the United States to raise awareness of the unbearable pain and loss caused by the drug war -- and of the enormous shared responsibility for protecting families and communities in both our countries."

But it's not just about honoring the victims of the drug war; the Caravan also explicitly seeks policy changes on both sides of the border, and not only to drug policy. These policy areas and the Caravan's recommendations include:

Drug War policies: We propose the need to find a solution, with a multidisciplinary and intergenerational approach that places individuals, and their welfare and dignity, at the center of drug policy. We call on both the Mexican and the U.S. community to open and maintain a dialogue about alternatives to Prohibition based on evidence, and which is inclusive in its considerations of the diverse options for drug regulation.

Arms trafficking: We propose that the President of the United States immediately prohibit the importation of assault weapons to the United States. Assault weapons are often smuggled into Mexico, and have also been used too many times against innocent civilians in the US. We propose giving authorities effective regulatory tools and adequate resources to halt arms smuggling in the border regions, especially in border states like Arizona and Texas.

Money laundering: We call for governments on both sides of the border to take concrete steps to combat money laundering. We propose that financial institutions be held accountable for preventing money laundering through increased government surveillance, investigations, fines and criminal charges. We also call for the Treasury Department to immediately implement Congress’ 2009 call to close the “prepaid/stored value cards” loophole.

US foreign aid policy: We call for a change from the United States' "war" focus to one of human security and development that contemplates promoting the healing of Mexico's torn social fabric. We propose the immediate suspension of US assistance to Mexico's armed forces. The "shared responsibility" for peace that both governments share must begin with each country complying with its own respective national laws.

Immigration: We call for a change in the policies that have militarized the border and criminalized immigrants. These policies have generated a humanitarian crisis driven by unprecedented levels of deportations and incarceration of migrants. In addition, these policies have also inflicted immeasurable environmental damage. We call for protecting the dignity of every human being, including immigrant populations that have been displaced by violence who are fleeing to the US seeking safe haven and a better life.


The Caravan is a natural outgrowth of Sicilia's Mexican Movement for Peace and Justice with Dignity (MMPJD), which he formed after his son and several comrades were kidnapped and murdered by drug cartel gunmen in Cuernavaca in March 2011. It is designed to put names and faces on the estimated 60,000 dead, 10,000 disappeared, and 150,000 displaced by the prohibition-related violence pitting the so-called cartels against each other and the Mexican state.

In Mexico, the MMPJD struck a deep chord with a population increasingly angered and frightened by the often horrific violence raging across the country. Caravans organized by the MMJPD crisscrossed the country last year before bringing 100,000 people to mass in Mexico City's huge national plaza, the Zocalo in June. The mass outpouring of grief and anger convinced President Felipe Calderon to meet with Sicilia, who brought along photos of some of the dead depicting them as happy, smiling human beings.

"The powers that be were trying to tell us that all those who were dying were just criminals, just cockroaches," Sicilia explained. "We had to change the mindset, and put names to the victims for a change."

On last Sunday, Sicilia and the Caravan were met in San Diego by about 100 supporters from national groups such as the Drug Policy Alliance, Global Exchange, Law Enforcement Against Prohibition, the NAACP, the Washington Office on Latin America, and, as will be the case across the country, local immigrant rights, civil rights, religious, and drug reform groups.

"This movement brings together activists from both of our countries to shed light on the policies that have failed our families, neighbors, and nations," said Sicilia. "United, we will raise our voices to call for an end to a war on drugs that allows entire communities to become casualties, and we will demand a shift in attention to poverty and the lack of economic opportunity that helps breed the criminality."

"What we are trying to do is raise the level of conversation around this topic," said Global Exchange's Ted Lewis, one of the caravan's organizers. "We're trying to have a bi-national conversation and impact."

Javier Sicilia and Sheriff Joe Arpaio (caravanforpeace.org)
By last Friday, the Caravan had reached Las Cruces, New Mexico, after first stopping in Los Angeles, Phoenix, and Tucson. In Los Angeles, the Caravan wooed Hollywood, seeking support from the film community as it seeks to shift public opinion against prohibitionist drug policies that wreak havoc in both countries.

"What unites us is grief for what Mexico has lost, which is peace," said Mexican filmmaker Alejandro Gonzalez Inarritu, the Oscar-nominated director of "Biutiful" and "Babel," who was among the Hollywood stars greeting the Caravan.

In Phoenix on Thursday, Sicilia and the Caravan had an unexpected encounter with Maricopa County Sheriff Joe Arpaio as they trekked to one of Arpaio's jails to see what the drug war looks like on the US side of the border. The feisty sheriff, who is notorious for his treatment of prisoners and anti-immigrant politics, got an earful from Sicilia, but didn't exactly roll over.

Sicilia chided Arpaio over the flow of American weapons into Mexico and the hands of the cartels and asked him to do a better job controlling the traffic, to which Arpaio retorted, "Control the flow of drugs."

Sicilia also urged Arpaio, who is under Justice Department investigation over his treatment of prisoners and illegal immigrants, to "be more human" in the way he handles people under his control. "We don't come in war but in peace to tell you that you have half of the responsibility for the war that there is in Mexico," he said. "I ask you whether treating migrants like dogs is a correct policy."

"I don't run the jails," Arpaio replied. [Ed: As noted above, Arpaio does run jails, and is being investigated for how prisoners are treated in them.]

Sicilia urged Arpaio to visit Mexico, but Arpaio demurred, saying that the cartels had a price on his head.

The Caravan for Peace is now less nearly two weeks into its journey across the county to Washington, DC. Organizers have not said yet whether they will seek a meeting with President Obama, but are planning on meetings on Capitol Hill. Between now and then, they hope the Caravan will succeed in raising consciousness among Americans about the toll of the drug war on both sides of the border. Whether policymakers will listen is an open question, but the media is certainly listening. Google lists 145 news articles about the Caravan so far. That's a good start.

DOJ to Sentencing Commission: Fewer Prisoners, Please

In a congressionally mandated annual report to the US Sentencing Commission on the operation of federal sentencing guidelines, the US Department of Justice (DOJ) said continuing increases in the federal prison populations and spending are "unsustainable" and called on the commission to work with other stakeholders to reduce federal corrections costs. But the report failed to address the single largest factor driving the growth in the federal prison population: the huge increase in the number of federal prisoners doing time for drug offenses.

Even the feds can no longer sustain current mass incarceration policies. (US Supreme Court)
According to data compiled by Drug War Facts and based on Bureau of Justice Statistics reports, in 1980, there were some 19,000 federal prisoners, with some 4,500 having a drug offense as their most serious offense. By 2010, the number of federal prisoners had increased tenfold to more than 190,000, and a whopping 97,000 were doing time for drug offenses, also a tenfold increase. The percentage of drug offenders increased during that period from roughly 25% of all federal prisoners in 1980 to 51.7% in 2010.

As DOJ noted in its letter, the first decade of that period corresponded to the end of decades of increases in crime and violent crime, leading to record high crime rates, which had generated a number of policy responses, including more police, harsher sentencing, and an increased emphasis on illegal drugs. But as DOJ also noted, beginning in 1992, violent crime has dropped consistently, and the US is now safer than it has been in decades.

All that costs money. The DOJ report noted that state, local, and federal criminal justice expenditures jumped nearly six-fold between 1984 and 2006, from $32.6 billion to $186.2 billion. State and local spending continued to rise until 2009, when the financial crisis and subsequent economic recession took hold, while federal criminal justice spending rose nearly ten-fold, from $4.5 billion to $41 billion.

But even though the federal government is more cosseted from economic hard time than the states, even it can no longer spend freely. As the DOJ letter noted, "The Budget Control Act of 2011 sent a clear signal that the steady growth in the budgets of the Department of Justice, other federal enforcement agencies, and the federal courts experienced over the past 15 years has come to an end."

While federal criminal justice budgets have been relatively flat in the last few years, the costs of imprisoning an ever-increasing number of people has not, and that means fewer resources for other criminal justice spending, including aid to state and local law enforcement and prevention and intervention programs. Within DOJ, the core law enforcement functions (policing, prosecution, prisons) have increased from 75% of the budget in 2002 to 91% this year.

"The question our country faces today is how can we continue to build on our success in combating crime and ensuring the fair and effective administration of justice in a time of limited criminal justice resources at all levels of government?" the DOJ noted. "In other words, how will the country ensure sufficient investments in public safety, and how will those involved in crime policy ensure that every dollar invested in public safety is spent in the most productive way possible?"

With budgets flat, criminal justice spending has to get more bang for the buck, the DOJ letter said.

"We must ensure that our federal sentencing and corrections system is strong but smart; credible, productive and just; and budgetarily sound," the letter said. "But maximizing public safety can be achieved without maximizing prison spending. The federal prison population -- and prison expenditures -- have been increasing for years. In this period of austerity, these increases are incompatible with a balanced crime policy and are unsustainable.

"We believe federal sentencing policy should be reviewed -- both systemically and on a crime-by-crime basis -- through the lens of public safety spending productivity. Adopting that perspective, we think it is clear that there are many areas of sentencing policy that call be improved," the letter continued. "We have identified many of the crime-specific areas over the last several years that warrant substantive reexamination. And we have also put forward legislative proposals to make systemic changes that would help control prison costs in a responsible way that furthers public safety. As to the guidelines process itself, we think reforms -- including some simplification of the guidelines and some limits on sentencing appeals -- are worth fully considering."

It is clear what is driving the growth in the federal prison population and the federal corrections budget: drug war prisoners. While the Obama administration DOJ is to be credited with taking some steps that move in the direction of reducing the number of prisoners and the corrections budget, such as supporting the partial reform of the crack/powder cocaine sentencing disparity, its failure to directly address the consequences of policies of mass imprisonment of drug offenders means that it is missing the elephant in the room.

Washington, DC
United States

US/Mexico Drug War "Caravan of Peace" Gearing Up [FEATURE]

Aghast and appalled at the bloody results of Mexican President Felipe Calderon's war on drugs, which has resulted in at least 50,000 deaths since he deployed the military against the so-called drug cartels in December 2006 and possibly as many as 70,000, dozens of organizations in Mexico and the US announced Monday that they will take part in a "Caravan for Peace" that will journey across the US late this summer in a bid to change failed drug war policies on both sides of the border.

caravan launch at Museo Memoria y Tolerancia, Plaza Juárez, Mexico City (@CaravanaUSA @MxLaPazMx)
Led by Mexican poet Javier Sicilia, who was spurred to action by the murder of his son by cartel members in Cuernavaca in 2010, and the Movement for Peace with Justice and Dignity (MPJD) he heads, the caravan will depart from San Diego on August 12 and arrive in Washington on September 10 after traveling some 6,000 miles to bring to the American people and their elected officials the bi-national message that failed, murderous drug war policies must end.

The caravan will be underway in between presidential elections in the two countries. Mexico will choose a successor to Calderon on July 1, and whoever that successor is, will be re-tooling its fight against the drug cartels. By late summer, the US presidential campaign will be in full swing, and advocates hope to have at least some impact on that as well.

The caravan builds on similar efforts last year in Mexico. Led by Sicilia and other relatives of drug war victims, one caravan of more than 500 people left Cuernavaca and traveled north through 15 cities to Ciudad Juarez, one of the epicenters of prohibition-related violence in Mexico. A second caravan left Mexico City with 700 people traveling south through 21 cities. Those caravans helped turn what was an amorphous fear and dismay among Mexicans at the violence into a political movement that has put the issue of the drug wars and their victims squarely on the Mexican political agenda.

"The war on drugs has had painful consequences for our country, such as corruption and impunity," said Sicilia at a Mexico City press conference. "The proof of this is that Mexico has seen over 70,000 deaths and 10,000 disappearances, and this is closely linked to US regional security policies, which have sparked widespread areas of violence, human rights violations, and the loss of the rule of law. The drug war has failed," he said bluntly.

"On August 12, Mexicans will come to the US and cover a route of 25 cities in one month," Sicilia continued. "Our message is one of peace, and our journey will be peaceful with an open heart and the hope of speaking with each other. We believe the harm we live is linked to the failed policies we want to change."

"Regarding policies on the war on drugs, we propose the need to find a solution with a multidimensional and international approach that places the dignity of the individual at the center of drug policy," Sicilia said. "We call on both Mexican and US civil society to open and maintain a dialogue on evidence-based alternatives to prohibition and to consider various options for regulating drugs."

Javier Sicilia on CNNMéxico
For Sicilia and the caravan, drug policy is inextricably tied to other policies and issues that affect both sides of the border. The caravan is also calling for a ban on the importation of assault weapons to the US (because they then end up being exported to Mexican criminals), a higher priority for concentrating on money laundering, an end to US immigration policies that have resulted in the militarization of the border and the criminalization of immigrants, and a refocusing of US foreign policy to emphasize human rights while suspending US military aid to Mexico.

The broad range of interrelated issues is helping build a broad coalition around the caravan. Groups concerned with the border, immigrant rights, human rights, racial justice, and labor are all coming on board.

"Forty years ago, then President Nixon inaugurated the war on drugs, and we've not won the war on drugs -- the only thing we've achieved is being the world's leader in incarceration," said Dr. Niaz Kasravi, with the NAACP criminal justice program. "Through these policies, we've also promoted violence and death for those caught up in the drug war in the US and Mexico. In the US, those who have borne the brunt of it have been people of color. The war on drugs hasn't made our communities safer, healthier, or more stable, but has resulted in the mass incarceration of people of color, a de facto Jim Crow. We are in a violent state of emergency that must end, and we stand committed to ending the war on drugs."

"We emphasize the dignity and humanity of immigrants in the US," said Oscar Chacon of the National Alliance of Latin American and Caribbean Communities (NALACC), "and when we were invited to consider joining the caravan, we identified with it as a cause of our own. We see our issues reflected throughout the caravan. Policies that emphasize militarization and authoritarianism and enforcement and punishment have human rights violations as their natural results. We see in the caravan an opportunity to write a new chapter in our initiatives to highlight the value of respect for all human life and we will use our participation to further educate Latino and immigrant communities about the relationship between policy decisions made in Washington and the sad effects they can have -- in this case, particularly for our Mexican brothers and sisters."

"Prior to coming here, I did not know the extent of the pain, sorrow, and suffering of the families here in Mexico," said Neill Franklin, head of Law Enforcement Against Prohibition. "There are so many orphans, so many families being attacked. Families and future generations are also under attack in my country, with drive-by shootings and running gun battles in the streets of our big cities. Most of those targeted by the drug war here are blacks and Latinos; we have many broken families and communities because of these policies. This caravan will unite our people, our pain, and our solutions in an effort to save our sons and daughters."

"This is a historic moment and one of great necessity," said Ted Lewis of Global Exchange. "The caravan arrives between two presidential elections, and that's intentional, not because we have electoral ends, but because we want the message to be heard on both sides of the border. This is a truly binational effort, and it is very important that leaders on both sides of the border take this message deeply into account as they organize in Mexico a new administration and as they campaign here in the US. This issue must be dealt with now."

Also on board is Border Angels, a San Diego-based group best known for leaving caches of water in the desert to help save the lives of undocumented immigrants heading north. The group has long been critical of increased border enforcement efforts such as Operation Gatekeeper, which have pushed those immigrants away from urban areas and into harsh and unforgiving environments as they seek to make their way to a better life.

"Operation Gatekeeper has led to more than 10,000 deaths since 1994," said the group's Enrique Morones. "Two people die crossing the border every day, but they are also dying south of the border. Now, we see a new wave of migration to escape the terrible violence in Mexico, the country of my parents, and that's why we are joining this movement for peace in this historic caravan. We have told both Obama and Calderon that human rights, love, and peace have no borders. We demand peace, justice, and dignity."

"I think this will really have a significant impact," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "It's going to be a pivotal moment, just a month after the Mexican elections and just a few months before the US elections. I don't think drugs will be a major issue, but it will be bubbling up from time to time."

The caravan will seek to raise awareness on both sides of the border, Nadelmann said.

"Americans need to be aware of the devastation in Mexico from the combination of US demand and our failed prohibitionist policies," he said. "It's also important that Mexicans understand the devastating consequences of the war on drugs in the US -- the arrests and incarceration, the evisceration of civil rights. This mutual understanding is a pivotal part of what we're trying to accomplish."

"I hope the message will come through that change is needed on both sides of the border," Nadelmann continued. "We've seen the failures of prohibition on both sides, but the biggest impetus has to come from the US through legal regulation of marijuana and more innovative policies to reduce demand -- not from locking up more people, but by providing effective drug treatment and allowing people addicted to drugs to get them from legal sources. We need a fundmentally different approach, and this caravan will be a leap forward in understanding the consequences of failed prohibition."

Mexico City
Mexico

Did You Know? Drug Offender Numbers in Prison, Jail, Probation and Parole, on DrugWarFacts.org

Did you know that in 2009 there were 1.7 million people in US prisons, jails, or on probation or parole for drug offenses? Since 1990, the number of people in those four categories grew by 78.9 percent -- federal prisons by 212.5 percent. Read about it in the Prisons & Drug Offenders section of DrugWarFacts.org.

DrugWarFacts.org, a publication of Common Sense for Drug Policy (CSDP), is an in-depth compilation of key facts, stats and quotes on the full range of drug policy issues, excerpted from expert publications on the subjects. The Chronicle is running a series of info items from DrugWarFacts.org over the next several weeks, and we encourage you to check it out.

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Common Sense for Drug Policy is a nonprofit 501(c)(3) organization dedicated to reforming drug policy and expanding harm reduction. CSDP disseminates factual information and comments on existing laws, policies and practices.

DEA Forgets Student in Cell, Pols Want Answers

The DEA and its parent agency, the Justice Department, have come under increasing criticism over the case of a University of California-San Diego student who was swept up in a drug raid, placed in a holding cell, and forgotten. When 23-year-old Daniel Chong was finally discovered five days later, his condition was so poor he was hospitalized for three days in intensive care.

The DEA has since apologized for the incident, but US representatives and senators from California are demanding answers, and Chong and his attorney have filed a $20 million lawsuit against the agency.

Chong was one of nine people swept up in a raid targeting Ecstasy traffickers early in the morning of April 21. Chong said that he had gone to the residence the night before -- the marijuana holiday of 4/20 -- "to get high" and was arrested along with the others the next morning. DEA agents booked all nine, then transported seven to local jails, released one person, and apparently forgot all about Chong.

In an interview with the Associated Press last Wednesday, Chong said that after waiting hours in the cell, which had no toilet or running water, he screamed and kicked the door, to no avail. As the days dragged on, he said he realized he was trapped. On day three, he began to hallucinate. He urinated on a metal bench so he could drink his urine to quench his thirst. He eventually began to accept that he would die in the cell. He bit into his glasses to break them and used a shard of glass to carve "Sorry, Mom" on his arm as a farewell, but only got as far as the letter "S".

He said he was considering using the glass to kill himself and end his suffering. "I pretty much lost my mind," he said. He also admitted ingesting some methamphetamine that had been left hidden in a mattress in the cell by a previous occupant.

Then, on day five, a DEA agent opened the door to find the still handcuffed Chong covered in his own feces. "Where did you come from?" the agent asked.

The engineering student for taken to a local hospital, where he was treated for dehydration, kidney failure, cramps and a perforated esophagus. He had lost 15 pounds. He spent three days in intensive care and two more days at the hospital before being released.

San Diego DEA Special Agent in Charge William Sherman apologized to Chong, though not directly, and said in a statement he was "deeply troubled" by the incident. Sherman said he had ordered an extensive review of policies and procedures at the office.

That wasn't good enough several members of the state's congressional delegation, who have demanded answers from the DEA and the Justice Department.

Sen. Barbara Boxer (D) last Wednesday called on US Attorney General Eric Holder to begin an "immediate and thorough" Justice Department investigation into the matter. "After the investigation is completed, I ask that you please provide me with the results and the actions the department will take to make sure those responsible are held accountable and that no one in DEA custody will ever again be forced to endure such treatment," she wrote.

On Thursday, Rep. Darrell Issa (R-San Diego), head of the House Government Oversight Committee, called for in investigation, and Rep. Duncan Hunter (R-San Diego County) sent a letter to DEA Administrator Michele Leonhart asking for a full accounting of Chong's detention, processes in place for accounting for detained individuals, and the steps the DEA is taking to ensure it doesn't happen again.

"The situation involving Chong may in fact be an isolated incident," Hunter wrote. "Regardless, my concern is that this situation could also be a symptom of a bigger problem, with errors in procedure and oversight possibly extending to the division's law enforcement function."

Chong is "still recovering" from his ordeal, San Diego attorney Gene Iredale, who is representing him, said at a press conference last Wednesday. "He thought he was going insane," Iredale added.

Iredeale filed preliminary papers for the $20 million law suit last Wednesday. The suit alleges Chong was treated in a way that constitutes torture under US and international law.

"He is glad to be alive," Iredale said of Chong. "He wants to make sure that what happened to him doesn't happen to anyone else."

San Diego, CA
United States

Pat Robertson Demands Marijuana Reform and Blames the Drug War on Liberals

Update: Robertson has now made it official -- he's for legalization of marijuana, and supports the Colorado and Washington initiatives: NYT

For the second time now, televangelist Pat Robertson has gone off on our drug laws in a big way. This time he has an entire segment on his Christian Broadcasting Network program attacking over-incarceration and generally saying cool stuff that you never thought you'd hear on a hardcore Christian cable channel (except the liberal-bashing, of course). You can check it out from 20:40 to 29:25:

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For the video-impaired, our friends at LEAP tapped out the transcript. Here's a taste:

We here in America make up 5% of the world's population, but we make up 25% of jailed prisoners...

Every time the liberals pass a bill -- I don't care what it involves -- they stick criminal sanctions on it. They don't feel there is any way people are going to keep a law unless they can put them in jail.

I became sort of a hero of the hippie culture, I guess, when I said I think we ought to decriminalize the possession of marijuana.

I just think it's shocking how many of these young people wind up in prison and they get turned into hardcore criminals because they had a possession of a very small amount of controlled substance. The whole thing is crazy.

It is crazy. It's also crazy that so many of the politicians on the left who've backed this idiocy did so only because they were afraid people like Pat Robertson would accuse them of sympathizing with hippies. We've reached a turning point in the drug war debate where we're no longer arguing reform vs. non-reform. Every voice in the discussion of U.S. drug policy is speaking of reform, with the only difference being that people like Pat Robertson are serious about it, and people like Barack Obama are not. Weird, but worth watching.

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