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Motion for Remand : Denied

? Our Motion for Remand was denied on May 16, 2007 as we expected . The Motion was based on the errors our second attorney made . Some of those errors are pointed out in reference material, see: OSB disciplinary. My father and I were instructed by the attorney, our testimony concerning my son’s Motion for new Attorney would not be needed . Only after we lost the trial, did we learn our testimony could not be allowed in the appeal....... because we did not testify . The Motion for Remand was our last hope to testify.
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Flawed "Drugged Driving" Bill Under Consideration in Canada -- Testimony from BCCLA Online Here

Kirk Tousaw, chair of the British Columbia Civil Liberties Association's Drug Policy Committee, delivered testimony at the House of Commons in opposition to a so-called "drugged driving" bill now being considered by the Standing Committee on Justice and Human Rights. A summary of the issue and his testimony is online here in the Reader Blogs. Read more about Kirk and his past work in our archives here.
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Bill C-32 Drug Impaired Driving (and more) (Canada)

I testified today before the Standing Committee on Justice and Human Rights of the House of Commons. I appeared as Chair of the BC Civil Liberties Association Drug Policy Committee to oppose Bill C-32, legislation that if passed would do several things:
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"Snow Fall" Atlantic Monthly article articulates the sheer futility of the supply-side drug war

There's an interesting article by Ken Dermota in the latest issue of Atlantic Monthly, "Snow Fall," a discussion of the failure of interdiction and source country efforts to drive up the US street price of cocaine. Dermota points out the two sides of prohibition's price dynamic:
[P]olicing has a big impact on cocaine prices: On the streets of Bogota, a gram of cocaine can be had for under $2. Recreational users in America, on the other hand, typically pay upward of $50 a gram... Yet over time, cocaine prices per pure gram in the United States have steadily fallen, from $600 in the early 1980s to less than $200 by the mid-1990s.
The government's stated purpose for engaging in supply-side drug enforcement measures is to drive up the price, in order to reduce use. Given that prices have fallen so dramatically, it is safe to say that the supply-side strategy of increase prices has not decreased use (because the price increases never happened). Prohibition itself drives up the price of drugs (with calamitous effects on the people who are addicted to the drugs, indeed driving many of them to commit crimes that affect the rest of us, but that's a separate issue), but supply-side enforcement appears to have failed completely by its own measures. The period of time Dermota cited is about a quarter century, by the way, enough time to conduct a pretty conclusive test, IMHO. Dermota explains why the seizures of illicit drugs that government officials like to hype so much may actually illustrate failure, not success:
In March, the US Coast Guard intercepted a freighter off Panama laden with 20 tons of cocaine, in the largest maritime bust ever. That was followed in April by Colombian authorities' seizure of a 15-ton cache most likely awaiting shipment to Mexico... Of course, the good news is soured by the fact that cocaine production remains robust enough to allow shipment in 20-ton batches.
Drug policy reformer Judge James P. Gray of Santa Ana County in California has made this point as well. He should know -- as a prosecutor prior to joining the Superior Court he was involved in a seizure of heroin that at the time set the quantity record. When he delivered the speech that the link above points to in 1994, that record had long been dwarfed. (I helped to organize that conference, by the way, at Harvard Law School with the Civil Liberties Union of Mass., early during my activist career when I was still a volunteer. Afterwards I guided Judge Gray, former NORML director Dick Cowan and actor Michael Moriarty to the bed-and-breakfast where we put them up.) Dermota may be a legalizer, though not an optimistic one, and he doesn't directly say he is:
Sea changes in policy, such as decriminalization or legalization of drugs, look politically untenable.
Unfortunately, the link above to the article only gets you the beginning, you need to be a subscriber to see the whole thing, or get a hold of a copy of the magazine. Anyway, there's at least one good drug reporter in the country. :) Besides DRCNet's Phil Smith, that is. :) Thanks to Steve Heath for the heads-up.
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Oops, Wrong House. Sorry We Threw Grenades and Kicked You in the Crotch.

Via Radley Balko, yet another wrong address drug raid disaster:

This one's got it all. Terrified immigrants who don't speak English, a roughed-up pregnant woman, a man kicked in the groin, another woman with a heart condition, flashbang grenades, and assurances from the cops that this kind of thing happens "not very often." Fortunately no one was killed. Only terrified.

The police never contacted the landlord of the residence to verify. And when they raided the "right" address, the place was empty.

Of course, throwing grenades and kicking people in the nuts are highly questionable activities even when police invade the correct location. This issue goes way beyond just getting the address correct. Even when the police get it right, anyone inside is innocent until proven guilty, and should never be brutalized arbitrarily. When police conduct becomes remarkably similar to that of dangerous criminals, we've got a major problem on our hands.

As Radley so often points out, the purpose of these raids is to stop people from getting high, which isn't a legitimate or achievable goal to begin with. The failure of prohibition is never more obvious than when police enter the homes of innocent people and beat or kill them in order to protect us all from drugs.

In The Trenches

The Sentencing Project: Disenfranchisement News & Updates - 6/08/07

Wisconsin: Media Support for Re-enfranchisement As Wisconsin is in the midst of charging a handful of formerly incarcerated individuals with voter fraud, a Wisconsin Journal Sentinel editorial stated that permitting voting by people released from prison would help integrate them back into society, streamline the administration of elections, promote democracy and provide law enforcement more opportunity to enforce more pressing issues. Further, the editorial asserted that "disenfranchisement laws compound the racial imbalance. They sap the political strength of black Wisconsin." Wisconsin law currently bans individuals from voting until parole and probation are completed. Arizona: Voting Ban Challenged in Federal Lawsuit The American Civil Liberties Union this week filed a federal lawsuit challenging Arizona's voting ban which denies the right to vote to people with felony convictions who have not paid financial penalties associated with the conviction, according to the Arizona Republic. In Coronado v. Napolitano, the organization says the ban is akin to a modern "poll tax" and constitutes a violation of the 14th Amendment. The ACLU has targeted similar laws across the nation, including a Washington State lower court ruling which is now pending in the state Supreme Court. "Throughout recent years, it has become common practice for states to expand the list of disfranchising felonies, and the end result is that thousands of people are losing their political voice and being deliberately shut out of the democratic process," said Nancy Abudu, staff attorney with the ACLU National Voting Rights Project in Atlanta. For more coverage, see VoteLaw.com and Ballot-Access. National: Disenfranchisement - The Modern-Day Poll Tax An article by Erika Wood and Neema Trivedi of the Brennan Center for Justice , entitled "The Modern- Day Poll Tax: How Economic Sanctions Block Access to the Polls," has just been published in the Clearinghouse Review. The article details the over two-centuries-old tradition of disenfranchisement and how it became a practice in targeting formerly incarcerated individuals. "The spread of felony disenfranchisement laws in the late 1800s was part of a larger backlash against the adoption of the Reconstruction Amendments. Despite newfound eligibility, many freedmen remained practically disenfranchised as a result of organized efforts to prevent them from voting," the article states. The article reviews in detail Equal Rights legal challenges, the various types of economic sanctions and the racial impact of disenfranchisement. Alabama: Decision Set Aside, but Disenfranchised Still Have a Chance Judge Robert Vance's August decision lifting the post- sentence voting ban for all Alabamians was set aside by the Alabama Supreme Court last week, the Associated Press reported. In a prior ruling, Judge Vance held that a state constitutional amendment denying voting rights to persons convicted of crimes of moral turpitude does not sufficiently identify all crimes which fit that definition, according to the Decatur Daily. Judge Vance felt that this ambiguity was impermissible and ruled that all persons should be allowed to vote upon completion of sentence until the state legislature specifies exactly what offense types are classified as crimes of moral turpitude. This week, the Supreme Court held that the August ruling "exceeded its authority" by recasting the character and substance of the case into "forbidden territory of the abstract and hypothetical." Although the Supreme Court ruling may initially appear as a setback to voting rights advocates, it provides important clarification regarding the responsibility of state officials to permit persons to register to vote if they have been convicted of certain felony offenses that have not been defined as crimes of moral turpitude. These include: felony DUI, felony possession of drugs, violation of liquor laws, assault and battery, speeding, trespass to land, attempted burglary, doing business without a license and aiding a prisoner to escape. The practice by the previous Secretary of State, which called for the denial of voting rights to persons convicted of all types of felonies, was the original catalyst for the lawsuit. "Now we have a ruling requiring state officials to follow the law and permit eligible felons to vote," stated the NAACP Legal Defense Fund, which filed the suit along with attorney Ed Still. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information: Email: [email protected] Web: http://www.sentencingproject.org
In The Trenches

Drug Policy Alliance: 2007 International Drug Policy Reform Conference Registration Open!

Join us at the 2007 International Drug Policy Reform Conference at the Astor Crowne Plaza in New Orleans, Louisiana. The conference begins the evening of Wednesday, December 5, and runs through Saturday, December 8. Register early to get a special rate! The International Drug Policy Reform Conference, hosted by DPA, is the most important gathering of people who believe the war on drugs is doing more harm than good. It's the only meeting that attempts to connect the dots among the wide range of drug policy issues we face today: everything from syringe access and medical marijuana to state-based reform movements and the impact of drug use on our culture and communities. In our effort to make this event truly movement-oriented, this year we invited five other co-host organizations to join us: the ACLU, the Harm Reduction Coalition, Law Enforcement Against Prohibition, Marijuana Policy Project and Students for Sensible Drug Policy. Together, we will present the most engaging content that reflects our conference theme: Working Toward a New Bottom Line. A new bottom line for drug policy would mean basing success on metrics such as prevention of overdose deaths and increased access to treatment rather than the current measure - numbers of people arrested and incarcerated for drug use. The idea of working toward a new bottom line is particularly relevant in New Orleans, the site of the 2007 conference. Hurricane Katrina laid bare an array of problems, many of which are exacerbated by failed drug war policies. Furthermore, the state of Louisiana comes close to leading the nation in incarcerating people for drug law violations. Although the South remains a region where drug policy reform has yet to take a strong hold, by choosing to have our meeting in New Orleans, we hope to build momentum in an area with the potential to make incredible progress. Members and early-bird registrants enjoy a significant discount off our regular registration rate. For more information, including details about conference programming, travel and lodging, please check out http://kessjones.com/conf07/. We hope to see you in New Orleans!
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