... in Alex DeLuca's War on Doctors / Pain Crisis blog. In case anyone was wondering, I disagree with the guilty verdicts. But based on what I've read so far, I can't be too harsh on the jurors this time. The following is an uncomfortable thought to have to state: It's not clear to me that a jury is a competent body for reliably evaluating the extremely complex facts at work in medical care, especially when it intersects with criminal law and the "drug war." This case, and dozens more like it, should never have been brought in a criminal venue. A prominent civil liberties attorney told me a couple of years ago he is working on a book about the unwarranted extension of federal power into civil matters where they have no business, including pain control -- I think I will check back with him to see how it is coming along. The main point is, whatever one thinks of Hurwitz's decisions in this matter, having them reviewed by juries in criminal cases brought by federal prosecutors seeking hard time is an absolutely disastrous scenario for pain patients. The under-treatment of chronic pain is a quiet but widespread tragedy afflicting our country today. Prosecutors deserve the lion's share of the blame -- that profession is desperately need of some housecleaning if any is. Click here -- an article posted in a newsletter we published in DRCNet's early days -- for some history from the first chapter of the Hurwitz saga.

The US Sentencing Commission has voted for a partial reform to the infamous crack/powder cocaine sentencing disparity -- Families Against Mandatory Minimums announced Friday. According to FAMM the new rules would help about 78% of federal prisoners serving crack cocaine offenses by reducing their penalties about 16 months. We consider it a small but important step -- even equalizing the penalties would be kind of small when measured next to the vast federal gulag -- but it will help some people and it's a start. When the Commission voted 4-3 for equalization of crack and powder cocaine penalties almost 12 years ago, Congress voted -- for the first time in the history of the Sentencing Commission -- to block the reform. Had Congress not acted, the quantity thresholds triggering draconian five- and ten-year mandatory sentences for crack cocaine -- five grams and 500 grams, amounts that have been compared with a sugar packet and a candy bar, respectively -- would have been raised to the larger quantities that now trigger the same penalties for powder cocaine. The move by Congress sparked unrest in the federal prison system. If Congress leaves it alone this time, the new rules will take effect on November 1.

I spent the night in jail last night. I am 61 years old, white, and a homeowner and taxpayer (albeit not always on time) and I spent the night in jail. That was the second time for me, the first being when I was fifty. For a brief period I was a cop in the 1960's. I have used many drugs in my lifetime.

See NYT's John Tierney's initial post-Hurwitz trial blog post. Not the result we were hoping for by any means. On the other hand, the last time was far worse, and according to eyewitness accounts the prosecutors seemed really disappointed too. Judge Brinkema has the power to give a much less draconian sentence or even time served, and her handling of the case seemed pretty reasonable; we'll find out in July what she decides.