Skip to main content

Latest

Blog

Six Months Since Police Shot an Innocent 80-Year-Old Man, and Still No Explanation

80-year-old Isaac Singletary had a habit of chasing drug dealers off his property. Then, one fateful day, he emerged with a pistol to threaten two dealers that were creeping around his yard. They turned out to be undercover cops, and Singletary was promptly shot and killed.

That was six months ago, and the Jacksonville Sheriff's Office is almost ready to explain what the hell happened:
While a Jacksonville Sheriff's Office review of the shooting is scheduled for next week, State Attorney Harry Shorstein said in April that while he was very concerned with how undercover operations like this one were conducted, he would not file criminal charges against the officers. [News4Jax.com]
That's how this works, folks. The determination that police weren't at fault tends to emerge quickly, while actual reports explaining what happened take several months. How they figure out that the police were innocent without yet completing the report is a trade secret, I guess.

Perhaps they're right that the police didn’t do anything illegal, but that's a huge part of the problem. It should be illegal for police to dress up as drug dealers and trespass on private property. And it should be even more illegal for police to shoot innocent people who don’t know they're the police.

If police act so much like criminals that well-intentioned citizens can’t tell the difference, those officers should not be permitted to defend themselves with deadly force. So, once again, if these officers' actions turn out to be legal, it's time to change the law.
Blog
Blog

Republican and Democratic Senators Query Gonzales on Crack Sentencing Views

User "puregenius" reports over in the Reader Blogs that Republican and Democratic senators -- Jeff Sessions and Pat Leahy -- queried Alberto Gonzales about his views on the crack/powder cocaine sentencing disparity, in last Tuesday's Senate Judiciary Committee hearing on Dept. of Justice oversight. Short answer -- he likes it, they don't. Update: Just saw this link on TalkLeft to the NAACP Legal Defense Fund's amicus brief to the Supreme Court in the case of Derrick Kimbrough, a federal prisoner serving time on a crack cocaine offense. LDF contends that "The Crack Cocaine Sentencing Guidelines Have Resulted in Vast Racial Disparities" and "The Racial Disparities Associated with the Crack Cocaine Sentencing Guidelines Have Caused Widespread Distrust of the Law.
Blog

Five Architects of the Drug War -- and the Result of Their Work

Alex Coolman's Drug Law Blog has published a list -- with pictures -- of "5 Bumbling Architects of America's War on Drugs": Hamilton Wright, Richmond Pearson Hobson, Harry Anslinger, William Randolph Hearst, and Richard Nixon. It's a good historical review of how duplicitous and random the pathway to prison and the current drug war really was. In order to believe that current US (and world) drug policy makes sense, it is necessary to assume that a sensible drug policy occurred by accident. The most important picture is the one at the end, showing the result of our architects' efforts:
Blog

San Francisco Orders Medical Marijuana Dispensaries to Sell Fatter Bags

Regulation of medical marijuana distribution can have some interesting side effects. The following email, sent to a dispensary operator by an employee of the San Francisco Department of Health, shows that the city is requiring clubs to be more careful in their measurements:
Dear MCD Applicant;

It has come to my attention that some MCD's [medical cannabis dispensaries] are using the incorrect equivalent conversion between grams and ounces. You must use 28.35 grams/ounce, not 28 grams/ounce for all cannabis sold by weight. The law behind this is in the State Business and Professions Code, which is typically enforced by Weights and Measures (State Dept of Agriculture). As they currently are not addressing weights and measures issues regarding cannabis clubs, the City's MCD Inspection Program will enforce this requirement.

Please feel free to share this with any club operator (I do not have email
for most operators).

Thank you for your cooperation.
In other words, San Francisco is ordering dispensaries to give patients more bud for their buck. The extra 3rd of a gram per ounce isn’t going to put any providers out of business, but it's amusing to see the city intervene on behalf of medical marijuana consumers.

This is the kind of regulation the marijuana industry actually needs. Hopefully someday, when the DEA shows up at your dispensary, it won’t be to confiscate your proceeds and product, it will be to warn you: "It's come to our attention that you're selling skimpy sacks…"
Blog

New Resource on Judges' Views on Federal Sentencing -- Basically, They Hate It

Law professor David Zlotnick has released a new resource on judicial views on the federal sentencing system, available on his web site at the Roger Williams School of Law (link below). Briefly, judges don't like it. A few of the comments Zlotnick collected -- from the additional comments section -- provide some flavor of what it is to be found there:
Judge Morris S. Arnold Eighth Circuit Court of Appeals Appointed by George H.W. Bush, 1992 "You may say that I said that many of our drug laws are scandalously draconian and the sentences are often savage. You may also quote me as saying the war on drugs has done considerable damage to the Fourth Amendment and that something is very wrong indeed when a person gets a longer sentence for marijuana than for espionage." Senior Judge Andrew W. Bogue District of South Dakota Appointed by Richard Nixon, 1970 Prior Legal Experience: State's Attorney, Turner County, South Dakota, 1952-1954 "I will say this on the sentencing guidelines: I detest them. The sentencing guidelines divest courts of their role in imposing just and appropriate sentences to fit the crime and the defendant, with due consideration to all the attendant circumstances. They deprive judges of their discretion which is the touchstone of justice. Were the sentencing guidelines merely suggestive, they might very well serve as an important and helpful model which could assist judges in a difficult task. However, in their present form, as I said, they are detestable." Judge Richard A. Gadbois, Jr. (deceased) Central District of California Appointed by Ronald Reagan, 1982 "The law stinks. I don’t know a judge that thinks otherwise."
Following are some introductory comments from Zlotnick, via Doug Berman's Sentencing Law and Policy blog:
I am pleased to announce that the website for my federal sentencing project can be now be accessed at this link. The underlying research for this project was funded by a Soros Senior Justice Fellowship grant and was conducted over the past four and a half years. The heart of the work is contained in forty comprehensive case studies of federal cases in which Republican appointees complained that the sentences required by law were excessive. These profiles are the most comprehensively documented cases studies of federal sentencings available on the Internet. The site also includes a draft of my forthcoming article in the Colorado Law Review, "The Future of Federal Sentencing Policy: Learning Lessons from Republican Appointees in the Guidelines Era." This article contains a blueprint for sentencing reform legislation that might resonate with this cohort of federal judges in the post-Booker era. The launch of the website this summer is intended to allow my work to be used by sentencing reformers in the upcoming debate in Congress over the Sentencing Commission's proposed changes to the crack cocaine penalties. By showing that Republican appointees share many of the same concerns as academics and criminal defense attorneys, I hope to explode the myth of the liberal federal judiciary and pave the way for meaningful and bipartisan sentencing reform.
In The Trenches

Harm Reduction Project - News, Information, & Opinion: July 30, 2007

News & Opinion This Week 1. How, and How Not, to Stop AIDS in Africa 2. Transcending God B Upcoming Conference C Quotes D How To Help E About HRP F Subscription Information -------------------------------------------------------------------------------- I. How, and How Not, to Stop AIDS in Africa By William Easterly The Invisible Cure: Africa, the West, and the Fight Against AIDS by Helen Epstein Farrar, Straus and Giroux, 326 pp., $26.00 From Volume 54, Number 13 August 16, 2007 of The New York Review Of Books One of the classic works of journalism of the last couple of decades was Randy Shilts's And the Band Played On[1] about the sluggish response to AIDS in the 1980s in the United States, which indicted both the Reagan administration and the leaders of the gay community. I still remember the sense of outrage I felt when reading Shilts's book; it struck just the right note, leaving one both horrified about the tragic incompetence of so many and yet also hopeful that someone, somewhere could do things better next time. Yet after reading Helen Epstein's masterful new book, the response to AIDS in America now looks in retrospect like a model of courage, speed, and efficiency by comparison with the response in Africa. In the US, the government publicized the threat and funded research, the gay community reduced its infection rates by encouraging less risky sexual behavior, the dreaded breakout into the heterosexual population never happened, and AIDS receded to become a disease that, while still tragic, could in most cases be kept under control with expensive new antiretroviral drugs (ARVs). The opposite is true in every respect of AIDS in Africa, which was anticipated as a looming crisis already in the 1980s, yet governments, foreign aid agencies, and even activists reacted with denials and evasion. The disease rampaged through the heterosexual population and is still rampaging, ARVs were too late, too costly, and available to too few, and Africa is still in the midst of an epic disaster without a solution in sight. As of the latest figures in 2006, 25 million Africans are HIV-positive, 2.1 million die from AIDS every year, and 2.8 million are newly infected each year.[2] Epstein's book lays all this out in courageous and thought-provoking detail, describing the maddening complexity of the AIDS crisis in Africa, and the reprehensible and simplistic evasions of nearly everyone involved. It is not only a book that should be required reading for people concerned in the least with AIDS or with Africa; it is also compulsively readable. It is not without some flaws. Epstein's discussion of the economics of African poverty is overly simple-it sometimes sounds more like flat statements about corporate and official power than deep analysis. More seriously, for some of her key points, the evidence base-the numbers of studies and of people and the different groups whose experience she draws on-seems a little thin, although I found her points plausible and largely convincing. Perhaps the fact that there is insufficient evidence about so many aspects of AIDS in Africa is itself a symptom of the skewed priorities that the book describes as afflicting the international AIDS effort. The history of the response to African AIDS can be divided into two phases: (1) fiddling while Rome burns, and then (2) trying to use the fiddles to put out the fire. Phase I began long ago, undermining any claims of any of those involved to ignorance of the problem. An article published in the London Times on October 27, 1986, said: A catastrophic epidemic of AIDS is sweeping across Africa.... The disease has already infected several millions of Africans, posing colossal health problems to more than 20 countries.... "Aids has become a major health threat to all Africans and prevention and control of infection...must become an immediate public health priority for all African countries," says a report published in a leading American scientific journal. Signs of the coming epidemic had appeared even earlier. A sample of prostitutes in Butare, Rwanda, in 1983 found that 75 percent were infected with HIV. A later study reporting this statistic dated the general awareness that Central Africa was at risk for the spread of AIDS back to 1983 as well.[3] An article in 1991 in the World Bank/ International Monetary Fund quarterly magazine predicted that 30 million people would be infected worldwide by the year 2000 if nothing were done.[4] This was not far off the actual outcome in 2000, so sixteen years ago many knew that a catastrophic epidemic was underway. One of the lead organizations for fighting the African epidemic was the World Bank, which says today on its AIDS Web site that it is "the largest long-term investor in prevention and mitigation of HIV/AIDS in developing countries." In its first AIDS strategy report in 1988, the World Bank said the crisis was urgent. It presciently detected "an environment highly conducive to the spread of HIV" in many African countries. It noted that the epidemic was far from reaching its full potential and that "the AIDS epidemic in Africa is an emergency situation and appropriate action must be undertaken now."[5]
In The Trenches

Drug Truth Update 07/30/07

Drug Truth Network Update: Cultural Baggage + Century of Lies + 4:20 Drug War NEWS Half Hour Programs, Live Fridays... at 90.1 FM in Houston & on the web at www.kpft.org. Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada., Cultural Baggage for 07/27/07 Eric Sterling, President Criminal Justice Policy Foundation & LEAP member, Drug War Facts, Poppygate, Dr. Mitch Earleywine on MJ + Psychosis and Bruce Mirken of Marijuana Policy Project MP3 MP3 LINK: http://www.drugtruth.net/007DTNaudio/FDBCB_072707.mp3 Century of Lies for 07/27/07 Pat McCann, Pres. of Harris County Criminal Lawyers Assoc + "Official" Govt. Truth MP3 MP3 Link: http://www.drugtruth.net/007DTNaudio/COL_072707.mp3 4:20 Drug War NEWS 07/30/07 to 08/05/07 now online (3:00 ea.): Monday 07/30/07 Paul Wright of Prison Legal News Tuesday 07/31/07 Corrupt Cop Story with Phil Smith of Stop The Drug War Wednesday 08/01/07 Doug McVay with Drug War Facts Thursday 08/02/07 Dr. Mitch Earleywine re Lancet report on marijuana causing psychosis Friday 08/03/07 Poppygate Saturday 08/04/07 Pat McCann, Pres. of Harris Co. Criminal Lawyers Association Sunday 08/05/07 Eric Sterling of Criminal Justice Policy Foundation and Law Enforcement Against Prohibition NEXT Friday: ) - Cultural Baggage 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT. Valerie Corral of Woman Alliance for Medical Marijuana - Century of Lies 2 PM ET, 1 PM CT, Noon MT & 11 AM PT. Judge James P. Gray, Author: Why our Drug Laws have Failed Check out our latest videos on YouTube from US Social Forum via www.drugtruth.net/dtnvideo.htm Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Once we remove these charlatans from positions of power, other social changes will become much easier." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net
In The Trenches

Drug Sense Focus Alert: Please Refute Reefer Mania

DrugSense FOCUS Alert #351 - Sunday, 29 July 2007 On Friday, the British medical journal Lancet published a 13 page meta-analysis 'Cannabis Use and Risk of Psychosis in Later Life.' As a result the media around the world has used the study, most often with incorrect data and conclusions, to create another reefer mania scare. Backers of stern cannabis prohibition laws have seized on this news to urge the British government to increase the potential punishment of users under their laws. More reasoned voices have cautioned that escalating criminal penalties based on a perceived increased health risk would be counterproductive. See 'Experts Dismiss Case for Cannabis Reclassification' http://www.mapinc.org/drugnews/v07/n901/a05.html MAP is continually archiving both international and domestic coverage of the issue as we receive clippings. These press clippings may be reviewed by using the following link, which is updated nightly. Note that MAP identifies press stories by the location of the story. Thus a number at the link are identified as "UK:" but are actually from newspapers in the United States or Canada. http://www.mapinc.org/topics/psychosis Please consider writing and sending Letters to the Editor to the newspapers of your choice. It is important that mainstream newspaper editors and opinion writers are given a more complete and balanced perspective than that being pushed by prohibitionists. If you elect to write to more than one newspaper, we suggest at least some modification of your message so that each newspaper receives a unique letter. Thanks for your effort and support. It's not what others do, it's what YOU do. ********************************************************************** The study, as published in the Lancet, was placed on line by the Guardian as a 13 page .pdf file. See: http://image.guardian.co.uk/sys-files/Guardian/documents/2007/07/27/cannabis_new.pdf The best critique of the media's reaction to the study we have seen provides an accurate assessment of the report. Thus it may provide ideas for letter writers. Please see the column 'Cannabis Data Comes to the Crunch' at http://www.mapinc.org/drugnews/v07/n906/a02.html Additionally, as the Lancet study was in the preparatory stages this past May, NORML's Paul Armentano provided an astute analysis of the core propositions put forth. See: http://www.norml.org/index.cfm?Group_ID=6798 Armentano's analysis may help letter writers more accurately explain key alternative conclusions which may be drawn from the Lancet study. ********************************************************************** Additional suggestions for writing LTEs are at our Media Activism Center: http://www.mapinc.org/resource/#guides Or contact MAP's Media Activism Facilitator for personal tips on how to write LTEs that get printed. [email protected] ********************************************************************** PLEASE SEND US A COPY OF YOUR LETTER Please post a copy of your letter or report your action to the sent letter list ([email protected] ) if you are subscribed, or by e-mailing a copy directly to [email protected] if you are not subscribed. Your letter will then be forwarded to the list so others can learn from your efforts. Subscribing to the Sent LTE list ( [email protected] ) will help you to review other sent LTEs and perhaps come up with new ideas or approaches as well as keeping others aware of your important writing efforts. To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm#form ********************************************************************** Prepared by: The MAP Media Activism Team, www.mapinc.org/resource === DrugSense provides many services at no charge, but they are not free to produce. Your contributions make DrugSense and its Media Awareness Project (MAP) happen. Please donate today. Our secure Web server at http://www.drugsense.org/donate.htm accepts credit cards. Or, mail your check or money order to: . DrugSense 14252 Culver Drive #328 Irvine, CA 92604-0326. (800) 266 5759. DrugSense is a 501c(3) non-profit organization dedicated to raising awareness about the expensive, ineffective, and destructive "War on Drugs." Donations are tax deductible to the extent provided by law.
In The Trenches

DPA Press Release: As Feds Raid Medical Marijuana Dispensaries in CA, Congress Rejects Proposal to Protect Ill Patients

FOR IMMEDIATE RELEASE: July 26, 2007 CONTACT: Bill Piper at (202) 669-6430 or Tony Newman at (646) 335-5384 On Day That Feds Raid and Shut down Ten Medical Marijuana Dispensaries in California, Congress Rejects Proposal to Protect Seriously Ill Patients and Their Caregivers from Federal Arrest House Rejects Amendment to Cut Off Funding to the Raids, 262 to 165 Majority of Democrats Vote for States’ Rights and Compassion, While Republicans Betray Both Their Principles and Their Grassroots Base As the U.S. Drug Enforcement Administration raided and shut down ten medical marijuana dispensaries in Los Angeles yesterday, the U.S. House of Representatives considered and rejected an amendment that would have prohibited federal law enforcement agencies from arresting and prosecuting terminally ill patients and their caregivers in states that have legalized marijuana for medical use. The amendment was voted down, 262-165. Offered by Rep. Maurice Hinchey (D-NY), Rep. Dana Rohrabacher (R-CA), Rep. Sam Farr (D-CA), and Rep. Ron Paul (R-TX), the amendment received 150 votes from Democrats and 15 votes from Republicans. “It is outrageous that members of Congress rejected a sensible amendment to protect sick people and their families ," said Bill Piper, director of national affairs for the Drug Policy Alliance. "We will make sure that voters in their districts know that they voted to send cancer and AIDS patients to federal prison for following their doctor’s recommendation." "With soldiers dying in Iraq, new terrorism threats emerging, and the federal defecit so large, both Congress and the Bush Administration need to get their priorities straight," Piper continued. "America can not afford these raids on medical marijuana patients and their caregivers, not on fiscal terms, not on law enforcement and national security terms, and not on human terms. This ongoing assault on the will of California voters is an utter waste of federal resources, and it's causing great suffering to sick people and their families. If we don't stop this federal interference now, the feds could start interfering with the laws of Montana, New Mexico, Oregon, Rhode Island and other medical marijuana states." Background and Key Facts: Twelve states passed laws allowing terminally ill patients to use marijuana with a doctor’s recommendation (Alaska, California, Colorado, Hawaii, Maine, Montana, New Mexico, Nevada, Oregon, Rhode Island, Vermont and Washington). More than 70 percent of voters support the right of patients to use marijuana with a doctor’s recommendation – including substantial majorities of Democrats, Republicans, and Independents (Gallup, Time/CNN, Pew Research Center, other polls). In 1997, the Office of National Drug Control Policy (ONDCP) commissioned the Institute of Medicine (IOM) to assess marijuana’s medical value. After two years of reviewing the scientific data available “the study team found substantial consensus among experts in the relevant disciplines on the scientific evidence about potential medical uses of marijuana.” The study team concluded, “nausea, appetite loss, pain and anxiety…all can be mitigated by marijuana.” The esteemed medical journal, The Lancet Neurology, reported that marijuana’s active components “inhibit pain in virtually every experimental pain paradigm.” Health organizations supporting legal access to medical marijuana include: American Academy of HIV Medicine, American Academy of Family Physicians, American Nurses Association, American Preventive Medical Association, American Public Health Association, California Academy of Family Physicians, California Medical Association, Florida Medical Association, Leukemia and Lymphoma Society, Lymphoma Foundation of America, New England Journal of Medicine, New York State Association of County Health Officials, New York State Hospice and Palliative Care Association, New York State Medical Society, and the Whitman-Walker Clinic. Faith-based organizations supporting legal access to medical marijuana or state discretion on the issue include: Episcopal Church, Evangelical Lutheran Church, National Council of Churches, Progressive National Baptist Convention, Presbyterian Church (USA), Religious Society of Friends (Philadelphia Yearly Meeting), Union for Reform Judaism, United Church of Christ, Unitarian Universalist Association, and the United Methodist Church. No religious denomination opposes medical marijuana.
Chronicle
Chronicle
Chronicle
Chronicle
Chronicle