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How Many Innocent People Are in Jail on Drug Charges?
It's a question I've often pondered and one that anybody with strong opinions about drug policy should consider, regardless of where you stand on the issue. Surely, there exists no realistic formula with which to approximate an answer, but one need only observe and understand what the drug war is and how it works to know that grave injustices are forever embedded into the drug war equation.
The question resurfaced this week in an AP report that tells the story of Jose and Maximo Colon. The brothers were arrested and charged with cocaine distribution stemming from an alleged encounter with undercover officers in a sketchy NY bar. The case imploded when surveillance tape from the establishment revealed that the pair had simply not committed the crime or even interacted with the agents. They were arrested moments later by a back-up team, without a clue as to the reason why. Worse still, an outdoor camera captured footage of the undercover investigators "literally dancing down the street" afterwards, apparently pleased with their accomplishment.
It's a striking and gratuitous example of police misconduct to be sure, but the larger question is how many similar cases have led to convictions and prison time for their victims:
If it were only possible somehow to reveal the full scope of wrongful, fraudulent convictions in the war on drugs, I don't doubt that the entire nation would be stunned and sickened. Yet, for anyone who's paying attention, it's not necessary to fantasize about the true extent of injustice and corruption that the drug war has unleashed on innocent people. You can read about it in the newspaper all the time.
In Ohio, we saw a DEA agent indicted for helping frame 17 innocent people. In Atlanta, we saw police plant drugs in the home of an innocent 88-year-old woman after shooting her to death. In Tulia, TX we saw a rogue narcotics officer frame and arrest most of the black people in town. In Hearne, TX we saw the same damn thing. And across the country, we've seen dozens of innocent people who might well have ended up in prison if they hadn't been killed first by the police who raided their homes.
Behind all of this lies a matrix of perverse incentives, loose evidentiary requirements, and diminished accountability mechanisms that make mind-blowing miscarriages of justice more than inevitable. A central element of modern drug enforcement involves the use of informants, who trade information on other people for leniency in their own criminal cases. They have every incentive to lie and they do so constantly, as we've seen over and over again. Prosecutors offer leniency in exchange for "substantial assistance" in helping convict others, a practice that inherently favors the guiltiest party. Inevitably, those most directly involved in a criminal conspiracy are armed with names and other critical details that prosecutors crave, while peripheral players and innocent bystanders who become entangled in drug investigations are placed at a remarkable disadvantage.
Of course, it shouldn't be necessary to persuade anyone that our drug laws are designed to make things easy for police and hard for criminal suspects. These vast drug war powers are bestowed on police and prosecutors by legislators who are eager to provide law-enforcement with every necessary tool in the fight against crime. That much power creates countless innocent casualties even at the hands of our most honest public servants, and it's a nightmare when passed along to corrupt cops like the men who framed the Colon brothers.
Yet, when these dramatic fiascoes get exposed, police can often be found downplaying it and insisting that you can't fight the drug war without these sorts of aggressive and dirty tactics. If that's even remotely true, then the war on drugs is just far too filthy and corrupt to tolerate in a free and civil society.
The question resurfaced this week in an AP report that tells the story of Jose and Maximo Colon. The brothers were arrested and charged with cocaine distribution stemming from an alleged encounter with undercover officers in a sketchy NY bar. The case imploded when surveillance tape from the establishment revealed that the pair had simply not committed the crime or even interacted with the agents. They were arrested moments later by a back-up team, without a clue as to the reason why. Worse still, an outdoor camera captured footage of the undercover investigators "literally dancing down the street" afterwards, apparently pleased with their accomplishment.
It's a striking and gratuitous example of police misconduct to be sure, but the larger question is how many similar cases have led to convictions and prison time for their victims:
Jose quickly got the tape to defense attorney Rochelle Berliner, a former narcotics prosecutor. She couldn't believe what she was seeing.
''I almost threw up,'' she said. ''Because I must've prosecuted 1,500, 2,000 drug cases ... and all felonies. And I think back, Oh my God, I believed everything everyone told me. Maybe a handful of times did something not sound right to me. I don't mean to sound overly dramatic but I was like, sick.''
If it were only possible somehow to reveal the full scope of wrongful, fraudulent convictions in the war on drugs, I don't doubt that the entire nation would be stunned and sickened. Yet, for anyone who's paying attention, it's not necessary to fantasize about the true extent of injustice and corruption that the drug war has unleashed on innocent people. You can read about it in the newspaper all the time.
In Ohio, we saw a DEA agent indicted for helping frame 17 innocent people. In Atlanta, we saw police plant drugs in the home of an innocent 88-year-old woman after shooting her to death. In Tulia, TX we saw a rogue narcotics officer frame and arrest most of the black people in town. In Hearne, TX we saw the same damn thing. And across the country, we've seen dozens of innocent people who might well have ended up in prison if they hadn't been killed first by the police who raided their homes.
Behind all of this lies a matrix of perverse incentives, loose evidentiary requirements, and diminished accountability mechanisms that make mind-blowing miscarriages of justice more than inevitable. A central element of modern drug enforcement involves the use of informants, who trade information on other people for leniency in their own criminal cases. They have every incentive to lie and they do so constantly, as we've seen over and over again. Prosecutors offer leniency in exchange for "substantial assistance" in helping convict others, a practice that inherently favors the guiltiest party. Inevitably, those most directly involved in a criminal conspiracy are armed with names and other critical details that prosecutors crave, while peripheral players and innocent bystanders who become entangled in drug investigations are placed at a remarkable disadvantage.
Of course, it shouldn't be necessary to persuade anyone that our drug laws are designed to make things easy for police and hard for criminal suspects. These vast drug war powers are bestowed on police and prosecutors by legislators who are eager to provide law-enforcement with every necessary tool in the fight against crime. That much power creates countless innocent casualties even at the hands of our most honest public servants, and it's a nightmare when passed along to corrupt cops like the men who framed the Colon brothers.
Yet, when these dramatic fiascoes get exposed, police can often be found downplaying it and insisting that you can't fight the drug war without these sorts of aggressive and dirty tactics. If that's even remotely true, then the war on drugs is just far too filthy and corrupt to tolerate in a free and civil society.
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Medical Marijuana Dispensaries Are Coming to Rhode Island
It's official:
It's just inspiring to see an entire state legislature stand up in unison to protect patients. Carcieri's veto was driven by the same petty, false, and widely-refuted propaganda that's been deployed in desperation against medical marijuana legislation for more than a decade now:
Think about how remarkable it is that virtually the entire House and Senate of Rhode Island have come forth and firmly rejected this garbage. There was a time when reformers were all alone on this issue, yet today it is our opposition that stands isolated and estranged from public opinion.
The folks at the Rhode Island Patient Advocacy Coalition deserve a big round of applause for taking on this battle and winning by knockout.
PROVIDENCE, R.I. -- The House and Senate on Tuesday each overrode Governor Carcieri's veto of legislation allowing three "compassion centers" to dispense medical marijuana.
The Senate vote was 35 to 3. The House vote was unanimous, 67 to 0.
For the bill to become law, both houses were required to overide the veto of their own and the other house's bill. The measure is now in effect.
It's just inspiring to see an entire state legislature stand up in unison to protect patients. Carcieri's veto was driven by the same petty, false, and widely-refuted propaganda that's been deployed in desperation against medical marijuana legislation for more than a decade now:
In vetoing the bills, Carcieri said he thought "the increased availability, along with a complacent attitude, will no doubt result in increased usage, and will negatively impact the children of Rhode Island" and complicate the jobs of law enforcement officers.
Think about how remarkable it is that virtually the entire House and Senate of Rhode Island have come forth and firmly rejected this garbage. There was a time when reformers were all alone on this issue, yet today it is our opposition that stands isolated and estranged from public opinion.
The folks at the Rhode Island Patient Advocacy Coalition deserve a big round of applause for taking on this battle and winning by knockout.
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In The Trenches
Press Release: Rhode Island to License Medical Marijuana Dispensaries in Historic Move
FOR IMMEDIATE RELEASEÂ Â Â
JUNE 16, 2009
Rhode Island to License Medical Marijuana Dispensaries in Move Hailed as Historic
Legislature Overrides Veto; Rhode Island Is First State to Expand an Existing Medical Marijuana Law to Permit Dispensaries
CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205
PROVIDENCE, RHODE ISLAND -- In a historic first, Rhode Island legislators today made their state the first ever to expand an existing medical marijuana law to allow for state-licensed compassion centers to grow and distribute marijuana to registered patients. Legislators easily overrode the veto issued by Gov. Donald Carcieri with override votes of 68-0 in the House and 35-3 in the Senate.
    Rhode Island's medical marijuana law, like most such state laws, did not set up a formal distribution system, but simply allowed patients to grow a limited quantity of medical marijuana for their own use or designate a caregiver to grow it for them. In March, New Mexico became the first state to grant a state license to a medical marijuana producer, pursuant to legislation passed last year.
    "We are seeing a historic shift to allowing state-licensed, regulated medical marijuana production and distribution," said Karen O'Keefe, director of state policies for the Marijuana Policy Project in Washington, D.C. "Combining regulated distribution with provisions for patients to grow a limited quantity for themselves is the best way to assure safe access for patients, with solid safeguards to prevent abuse." States where medical marijuana bills that include a dispensary provision are under consideration include Delaware, Illinois, Iowa, New Hampshire, New Jersey, North Carolina and Pennsylvania, and a similar ballot initiative is now being circulated in Arizona. This November, Maine voters will vote on a ballot initiative to add dispensaries to the state's medical marijuana law.
    "During the Bush administration, the Drug Enforcement Administration raided medical marijuana patients and caregivers in California, leaving states hesitant to set up state-regulated distribution," said MPP director of government relations Aaron Houston. "Now that the Obama administration has announced a policy change, state legislators seem to feel safer adopting a sensible, regulated system of medical marijuana distribution that avoids the mistakes of California, where dispensaries sprang up with no rules. This is a historic step forward."
    With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.
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In The Trenches
Rhode Island passes new medical marijuana law
Dear Friends:
Great news! Rhode Island just passed a new medical marijuana law.
In landslide votes of 68-0Â and 35-3, the Rhode Island General Assembly today overrode Gov. Donald Carcieri's (R) veto of legislation to allow the licensed, regulated sale of marijuana to seriously ill patients. Rhode Island will now become only the second state (after New Mexico) to license and regulate medical marijuana dispensing.
This expands the law that MPP passed in 2006, which protects medical marijuana patients from arrest and jail. Under that law, patients were allowed to grow their own marijuana or designate a caregiver to do it for them, but many patients didn't have regular access, and some were even assaulted trying to buy marijuana in the streets. Thanks to the new law, patients will now be able to obtain medical marijuana safely and legally from three state-regulated and licensed compassion centers.
MPP gives a special thanks to the Rhode Island Patient Advocacy Coalition, an MPP grant recipient, for incredible organizing work.
If you support this work, would you please consider automatically donating $5 or more on your credit card each month to help us pass similar bills into law?
We're also making great progress in Delaware, Illinois, New Hampshire, and New York:
- On June 3, the Delaware Senate Health Committee voted 4-0 to pass the first modern medical marijuana bill ever introduced in Delaware. The bill is based on MPP's model legislation, and MPP's Noah Mamber testified in support of the bill. This is the first year MPP has funded medical marijuana work in Delaware, and we're making rapid progress.
- On May 27, the Illinois Senate passed a medical marijuana bill by 30-28. MPP has been lobbying and organizing in the state since 2004, and this year, we ramped up the pressure â running TV ads featuring two patients and generating more than 4,000 e-mails and 3,600 calls to legislators. After the Senate victory, a House committee swiftly approved the bill, but the legislature recessed only three days later. We have until the end of 2010 to pass the bill this session.
- In New Hampshire, MPP has retained a top lobbying firm and grassroots organizer to pass a medical marijuana bill, and it looks like the legislature will send Gov. John Lynch (D) the legislation to sign later this month. Back in March, the House passed the bill, 234-138, and on April 29, the Senate passed an amended version, 14-10. This is the first time either chamber has approved medical marijuana legislation, and we need your help for a final push, complete with radio ads, to urge Gov. Lynch (D)Â to let the bill become law.
- Our chances of passing medical marijuana legislation in New York this year got more complicated last week, when the state Senate tumbled into a major leadership battle. The Assembly has passed similar legislation twice (in 2007 and 2008), but it still needs to be voted on by the Senate, where it has already passed one committee. We've built an impressive coalition: Virtually the entire state medical community, including the state medical society, nurses' association, and hospice association, support medical marijuana access. And 76% of New Yorkers support the bill, including 55% of Conservative Party members (the state party to the right of Republicans).
This is amazing progress for just a few months. Our state lobbying efforts are costing quite a bit of money, but it's all paying off. Would you please donate today so we can continue pushing hard in these states?
Make a one-time donation to our work
Become a monthly pledger to provide us with ongoing funding for our work
Together, we're on the path to victory, but we need your help to keep going.
Thank you,
Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.
P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.
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"Tough on Drugs" Politics Just Aren't as Popular Anymore
The Rolling Stone piece I mentioned earlier also contains an excellent observation from drug policy expert/centrist Mark Kleiman, with regards to the new administration's pledge to respect state medical marijuana laws:
This perfectly illustrates the emergence of the new drug war politics. The long-standing consensus within our political culture that the public demands harsh drug laws is just pure fiction. Test that theory any way you want and it will fail to deliver every time. State-level marijuana reforms passed by colossal margins in 2008, support for legalization is polling at record levels, and legalization repeatedly emerged as America's top political issue according to public votes on the president's own website.
We are cascading towards a remarkable moment when the politics of drug policy are revealed to be far removed from what many believed them to be.
"There are two striking things about that," says Mark Kleiman, who directs the study of drug policy at UCLA. "One was that the administration thought that they could get away with it. And the other is that they did! There was no outcry, or even an attempt at an outcry. The administration clearly thinks that being 'soft on drugs' is no longer a political vulnerability. And it looks like they're right."
This perfectly illustrates the emergence of the new drug war politics. The long-standing consensus within our political culture that the public demands harsh drug laws is just pure fiction. Test that theory any way you want and it will fail to deliver every time. State-level marijuana reforms passed by colossal margins in 2008, support for legalization is polling at record levels, and legalization repeatedly emerged as America's top political issue according to public votes on the president's own website.
We are cascading towards a remarkable moment when the politics of drug policy are revealed to be far removed from what many believed them to be.
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An Embarrassing Interview With the Drug Czar
Rolling Stone's June issue takes an in-depth look at the evolving political climate surrounding drug policy (a portion is available online), including a deliciously embarrassing visit with drug czar Gil Kerlikowske. Remember Kerlikowske's recent statement about not calling it a "war on drugs" anymore? Well, guess what he's got in his office:
You really couldnât ask for a better exhibit in the total incoherence and rank dishonesty of the drug czar's claim that our drug policy isnât a war. I don't blame him for trying and it's certainly encouraging that we've reached a point at which the drug war is so controversial that they're trying to change its name. But how could they possibly forget to take down the damn sign? I mean, really, did they forget that Rolling Stone was stopping by?
The story goes on to brilliantly juxtapose Kerlikowske's law-enforcement credentials against his comical inability to answer basic questions about the issues he works on:
The whole thing is a brutal embarrassment and a vivid illustration of the appalling intellectual bankruptcy that characterizes the government's position on drug policy in general. These are extremely basic policy questions, but they have serious implications. If you can't even begin to make informative statements about federal policy, then what right do you have to dismiss calls for reform? Is there even a shred of legitimacy to Kerlikowke's opposition to legalization if he can't even tell us what the current policy is supposed to be?
We spend billions of dollars and imprison millions of people in honor of this great anti-drug crusade and the people running the whole thing in Washington canât even figure out what to call it, let alone give us a straight answer about why any of this is in the best interest of the nation. In fairness, Kerlikowske's reluctance to defend or even discuss drug policy is a product of the reform movement's success at politicizing the issue and his silence likely owes more to caution than bald ignorance. Still, one is generally considered to have won the debate when their opponent refuses to speak.
 At this point, I'd only be mildly surprised to see these guys just clam up entirely and announce that our drug policy can't be publicly discussed for national security reasons.
â¦despite this sudden outbreak of sanity, rumors of the drug war's death are greatly exaggerated. Visitors to the drug czar's office in Washington â formally known as the Office of National Drug Control Policy â are greeted by the visage of Uncle Sam on a poster declaring, WE ARE AT WAR. ARE YOU DOING ALL YOU CAN?
You really couldnât ask for a better exhibit in the total incoherence and rank dishonesty of the drug czar's claim that our drug policy isnât a war. I don't blame him for trying and it's certainly encouraging that we've reached a point at which the drug war is so controversial that they're trying to change its name. But how could they possibly forget to take down the damn sign? I mean, really, did they forget that Rolling Stone was stopping by?
The story goes on to brilliantly juxtapose Kerlikowske's law-enforcement credentials against his comical inability to answer basic questions about the issues he works on:
Yet when faced with questions about national drug policy, he can turn as evasive as Sarah Palin without a teleprompter. Does the tripling of marijuana arrests since 1990 represent good policy? He'd like to look at the issue more closely. Would the feds respect the laws of states that vote to legalize marijuana consumption for adults? A great question, he says â but one he wonât venture to answer. Does the U.S. experience with Plan Columbia provide a template for dealing with the violent cartels in Mexico? He just doesn't know. "After three weeks, I'm still finding my way around the office," he says with a laugh.
The whole thing is a brutal embarrassment and a vivid illustration of the appalling intellectual bankruptcy that characterizes the government's position on drug policy in general. These are extremely basic policy questions, but they have serious implications. If you can't even begin to make informative statements about federal policy, then what right do you have to dismiss calls for reform? Is there even a shred of legitimacy to Kerlikowke's opposition to legalization if he can't even tell us what the current policy is supposed to be?
We spend billions of dollars and imprison millions of people in honor of this great anti-drug crusade and the people running the whole thing in Washington canât even figure out what to call it, let alone give us a straight answer about why any of this is in the best interest of the nation. In fairness, Kerlikowske's reluctance to defend or even discuss drug policy is a product of the reform movement's success at politicizing the issue and his silence likely owes more to caution than bald ignorance. Still, one is generally considered to have won the debate when their opponent refuses to speak.
 At this point, I'd only be mildly surprised to see these guys just clam up entirely and announce that our drug policy can't be publicly discussed for national security reasons.
In The Trenches
Act Now to Protect Medical Cannabis Patients
Act Now to Protect Medical Cannabis Patients:
Tell Your U.S. Representative to Support HR 2835!
Dear ASA Supporter,
On June 11, Representative Barney Frank (D-MA) and a small bi-partisan coalition of Members of Congress re-introduced HR 2835, the Medical Marijuana Patient Protection Act. The legislation will help protect individuals who use or provide medical cannabis in accordance with their state law.
Visit www.AmericansforSafeAccess.org/PatientProtectionAct to take action now!
If passed, this important legislation would, among other things, reschedule marijuana from a Schedule I to Schedule II drug according the Controlled Substances Act and provide clearer protections for qualified patients, their caregivers, and safe-access sites authorized by state or local law. Take action now to protect patients and their providers. Although similar versions of the bill have been introduced in previous Congressional terms, the Obama Administration's willingness to change federal policy on medical marijuana has created a new political context and may facilitate passage of this important legislation.
Currently the bill has only a dozen co-sponsors, which means there is plenty of work to be done!
Visit www.AmericansforSafeAccess.org/PatientProtectionAct to send an e-mail to your Member of Congress now. It's important to urge all U.S. Representatives to support the Patient Protection Act!
Thanks you for supporting ASA and our efforts to secure safe access for medical cannabis patients. Please forward this message to friends, co-workers, and family members to encourage them to join you in this nationwide movement to protect safe access!
Sincerely,
Caren Woodson
Director of Government Affairs
Americans for Safe Access
P.S. The only way we can continue to work on legislation like the Patient Protection Act is with your continued support. Become a member of ASA today!
In The Trenches
Drug Truth Update 06/15/09
The Unvarnished Truth From the Drug Truth Network
Century of Lies for 06/14/09, 29:00 Dr. Joel Hochman, Ex. Dir. of National Foundation for the Treatment of Pain + Charles Lynch get 1 year & 1 day for dispensing cannabis + Phil Smith on California's fall into the abyss
LINK: http://www.drugtruth.net/cms/?q=node/2454
TRANSCRIPT: 06/15/09 PM
Cultural Baggage for 06/10/09, 29:00 Claudia Rubin w/ RELEASE in the UK, regarding their campaign: "Nice People Take Drugs" + Dr. Joel Hochman's warning to parents & Julie Roberts of Drug Policy Alliance on forthcoming cannabis distribution in New Mexico
LINK: http://www.drugtruth.net/cms/?q=node/2453
TRANSCRIPT: http://www.drugtruth.net/cms/?q=node/2453#comments
4:20 Drug War NEWS, 6/15 to 6/21/09 Link at www.drugtruth.net on the right margin - Sun - The last Dash Award? With Ani Schwartz of New Mexico Sat - Dr. Hochman discusses Charles Lynch's conviction for cannabis Fri - Dr. Hochman: "supply side calamity" 2/3 Thu - Dr. Joel Hochman Dir National Foundation for the Treatment of Pain 1/3 Wed - Charles Lynch 2/2 Tue - Charles Lynch, California cannabis dispensary owner sentenced to 1 year, 1 day in prison 1/2 Mon - Phil Smith reporter for Drug War Chronicle on the economic collapse of California's drug war
Programs produced at Pacifica Radio Station KPFT in Houston, 90.1 FM. You can Listen Live Online at www.kpft.org
- Century of Lies, SUN, 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT: NEXT: TBD
- Cultural Baggage WED, 12:30 PM ET, 11:30 CT, 10:30 MT & 9:30 AM PT: NEXT: Casper Leitch, time4hemp
Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org We have potcasts, searchability, CMS, XML, sorts by guest name and by organization. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia! We now feature TRANSCRIPTS of most of our programs again!
Check out our latest videos via www.youtube.com/fdbecker Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, DTN Producer, 713-849-6869, www.drugtruth.net
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Video: Milton Friedman on Marijuana Legalization
Even in a time of Democratic ascendancy, conservative voices for legalization remain important. This video of Milton Friedman discussing marijuana prohibition, posted by MPP, was brought to my attention in an email recently. Check it out, as well as the second part of it at MPP-TV.
Check out this interview with Friedman about legalization of all drugs too.
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Video: Crack Sentencing Reform Petition Delivered to Congress -- Former Prisoners, Family Members and Advocates Speak Out
Last month the "Crack the Disparity" Coalition delivered petitions signed by tens of thousands of people, calling for an end to the draconian US crack sentencing laws, to the offices of Rep. John Conyers (D-MI) and Pat Leahy (D-VT), respective chairs of the House and Senate Judiciary Committees. This short video on ColorOfChange.org shows one of the deliveries, and features comments from Karen Garrison, whose two sons were unjustly caught up in these laws; and from Nkechi Taifa, who heads up justice reform efforts at the Open Society Policy Center.
The ColorOfChange.org page devoted to this petition also features audio from the press conference, including former Major League baseball star Willie Mays Aikens, who served 14 years in federal prison after an untreated cocaine addiction drew him into the federal system with crack charges.