Breaking News:Dangerous Delays: What Washington State (Re)Teaches Us About Cash and Cannabis Store Robberies [REPORT]

Intersecting Issues

RSS Feed for this category

As Border Crackdown Intensifies, A Tribe Is Caught in the Crossfire

Localização: 
Alir Jegk, AZ
United States
Publication/Source: 
Washington Post
URL: 
http://www.washingtonpost.com/wp-dyn/content/article/2006/09/14/AR2006091401827.html

Sentencing: US 3rd Circuit Court of Appeals Throws out Crack Cocaine Sentence

In a ruling Monday, the US 3rd Circuit Court of Appeals in Philadelphia threw out a 24-year prison sentence for a man possessing less than three ounces of crack cocaine. The court held that the US District Court judge who sentenced the man erred in believing he had to sentence the man based on the 100:1 quantity disparity between crack and powder cocaine. Such sentences are no longer mandatory, said the appeals court, only advisory.

https://stopthedrugwar.org/files/prisondorm.jpg
Under a 1986 law passed in the midst of a wave of anti-drug hysteria, the US Congress enacted a two-tier sentencing scheme for cocaine defendants with crack defendants facing sentences decades longer than powder cocaine defendants for possessing the same amount of the drug. But the appeals court held that since the US Supreme Court last year ruled that federal sentencing guidelines were only advisory and not mandatory, sentencing judges need not be bound by the guidelines.

The three-judge panel held that defendant Johnny Gunter was entitled to a new sentencing hearing. "The limited holding here is that district courts may consider the crack/powder cocaine differential in the guidelines as a factor, but not a mandate, in the... sentencing process," wrote Judge Thomas Ambro for the court.

Assistant US Attorney Robert Zauzmer told the Philadelphia Inquirer the ruling was likely to be cited by every defendant in a crack case. "This is a significant opinion which we are studying closely," he said, adding prosecutors were considering whether to ask the appeals court to reconsider the decision or appeal to the US Supreme Court.

Assistant Federal Defender David McColgin, meanwhile, told the Inquirer the ruling would help reduce the racial disparities existing in cocaine sentencing. "This has a great impact in helping to reduce the racial disparity that stems from that ratio," McColgin said.

Retired Sheriff's Deputy Jay Fleming of LEAP Joins DRCNet Blogging Team -- Drugs, Crime and Conservation First Topic

DRCNet is pleased to welcome Jay Fleming to the Speakeasy. Fleming was for many years a deputy sheriff and narcotics officer in Washington, Montana & Idaho. He is now retired in the US southwest (Arizona) and is a speaker with the organization Law Enforcement Against Prohibition (LEAP). Fleming has graciously agreed to serve as a regular, featured guest blogger here in the Speakeasy, focusing on the impact of drug prohibition on the western United States. The war on drugs affects our world's environment and threatens conservation efforts, far more than most of us realize. A recent article from NewScientist, Drugs, crime and a conservation crisis, pointed out some of the problems as they are manifested in western states:
New Scientist's inquiries suggest that the narcotics trade is a serious but largely neglected impediment to conservation efforts.
The drug war runs on money, and money depends on arrests and forfeitures. Because of this, the manpower for drug enforcement is concentrated in populated areas. Remote areas in the west have always been a hide out for outlaws. The combination of remoteness and lack of law enforcement, make these areas as popular with outlaws today, as they were in the 1800's. I live in Mohave County Arizona where, as New Scientist points out:
Remote biodiversity hotspots make ideal bases for narcotics production and trafficking.
As a resident deputy I lived in a remote town 50 miles from the sheriff office; I covered the south end of the county along with one other deputy. There was never time to go to the remote areas of my area. I was responsible for a large chunk of wilderness area; it could only be accessed by horse back or on foot. Since the sheriff's office didn't have horses, if I had a call in the wilderness area, I had to borrow a horse from the Forest Service. I understand why law enforcement doesn't have the manpower to patrol some of the remote areas. What I don't understand is why someone doesn't figure out that drug prohibition is the direct cause of the damage done to these fragile areas. P.S. DEA = Department of Evil Agriculture, the plant police? Click here to submit a letter to the editor to New Scientist or here to share your thoughts with their Online News desk. E. Jay Fleming Speaker Law Enforcement Against Prohibition [email protected] Mohave Valley, AZ www.leap.cc LEAP Introduction Video http://www.leap.cc/audiovideo/LEAPpromo.htm Trust in our country is disappearing, parents can’t trust children, husbands can’t trust wives, and people can’t trust their government. Some how our country has lost site of some of the basic principles it was founded on. Those who are to protect us have gone from Peace Officer, to Law Enforcement Officer. Men in black uniforms with hoods over their faces break down doors, in the name of the law, many times killing innocent citizens. Criminals charged with major drug crimes who turn in several others for minor drug crimes, spend little or no time in jail. Undercover cops infiltrate and seize our homes and assets, take children from parents, over a plant that has never killed anyone. E. Jay Fleming 2004
Localização: 
AZ
United States

Latin America: In Southern Colombia, It's Aid Out, Soldiers In

The US Agency for International Development (AID) has given up on an alternative development campaign designed to help farmers in southern Colombia switch to legal crops, the Houston Chronicle reported. The newspaper cited a Colombian government memorandum, and the report was implicitly confirmed by an unnamed US Embassy source in Bogota.

https://stopthedrugwar.org/files/eradication.jpg
eradication
According to the Colombian government document, US AID suspended the development program in southern Caqueta state, long a stronghold of the leftist rebels of the Revolutionary Armed Forces of Colombia (FARC), because the area was too dangerous for its workers and it lacked economic potential. With development assistance making up less than 10% of the $800 million the US is spending to wage the drug war in Colombia this year, US AID will channel funding to more secure areas.

"You can't be everywhere simultaneously, and you have to make choices," the unnamed embassy official told the Chronicle. "Resources have to be focused where they can be used most effectively."

With the US and Colombian governments having given up on developing the region, the departure of the US AID project clears the way as the Colombian military begins its largest ever campaign in the south. The US has spent more than $4 billion since 2000 to help the Colombian government obtain and maintain control in such areas, but now the economic advisers are leaving and the soldiers are coming.

US analysts and Colombian politicians contacted by the Houston Chronicle called the move a bad idea. "This is not a good way to win hearts and minds," said Sanho Tree, a Colombia expert at the Institute for Policy Studies in Washington. "We're driving people away from the government and into the hands of our declared enemies: the guerrillas and the drug traffickers," he told the Chronicle.

"This decision runs contrary to the whole concept of Plan Colombia," said Luis Fernando Almario, a congressman from Caqueta.

Adam Isacson, a Colombia expert at the Center for International Policy in Washington, told the Chronicle that writing off the war-torn south would be a grave error. Drawing parallels to the war in Iraq, he likened the current approach to saying: "Forget about the Sunni Triangle."

"V"iets is for VICTORY -- Attorney for NORML Successfully Defends 4th Amendment Rights in Drug Testing Case

I love a good victory -- good job Dan and NORML! Read NORML's press release on the victory in Missouri: For Immediate Release: Tuesday, September 12, 2006 For More Information: Dan Viets: 573-819-2669 FEDERAL COURT ORDER BARS RANDOM DRUG TESTING OF MISSOURI DEPARTMENT OF MENTAL HEALTH EMPLOYEES A federal Judge has granted a permanent injunction sought by the Missouri Affiliate of the National Organization for the Reform of Marijuana Laws (NORML) stopping the random drug testing of employees of the Missouri Department of Mental Health. The policy of such random drug testing was announced by then-Department Director Dorn Schuffman in April of 2005. The policy was implemented immediately with no discussion or input from the public or Department employees. Dan Viets, attorney for NORML in the suit, argued to the Court that random drug testing of government employees violates the 4th Amendment rights of those tested. The 4th Amendment prohibits unreasonable searches. Courts have held that drug tests are a type of search. Viets argued that the government would no more have the right to conduct a search of a person’s bodily fluids on a random basis than it has the right to randomly search the homes of citizens; both are explicitly prohibited by the Constitution. “While the Court’s order allows such testing under circumstances where there is a reason to suspect drug use, and of some employees of state habilitation centers, the most offensive and pervasive form of testing, random testing without any reason to suspect drug use, has been permanently stopped by this order,” Viets said.
Localização: 
United States

Latino Leaders Take Position Against Drug War

From the Drug Policy Alliance: Latino Leaders Take Position Against Drug War Tuesday, September 12, 2006 Last week in Los Angeles, 2,000 Latino activists and leaders from all over the U.S. gathered to set a political agenda at the National Latino Congreso. One of the issues they took on was the war on drugs, resulting in the unanimous passage of a resolution to investigate the real cost of the drug war. Authored by DPA's southern California director, Alberto Mendoza, the resolution called for supporting legislation that promotes sentencing reform as well as treatment instead of incarceration for nonviolent drug offenders. The resolution also called for the formation of state task forces to compare current drug war spending to public education and health spending "so that states can understand the real cost of the war on drugs in the state budgets and in their communities." In passing the resolution, the Latino Congreso acknowledged the disproportionate representation of Latinos in jails and prisons, the exorbitant cost of incarcerating nonviolent offenders, and the existence of alternative strategies that focus on public health rather than criminal justice. The resolution noted, "We believe that nonviolent substance abusers are not menaces to our communities but rather a troubled yet integral part of our community who need to be reclaimed." Mendoza said, "As Latinos, we are finally waking up to the fact that this war is a waste of money and resources, all of which could help us re-build our communities and families instead of destroying them." In addition to working on the resolution, DPA co-sponsored the conference. Mendoza spoke at a workshop about DPA's harm reduction and syringe access work, while DPA executive director Ethan Nadelmann spoke at a workshop and on a plenary. Mendoza said, "I'm proud that DPA was involved with this conference, and proud that the National Latino Congreso approved our resolution. It clearly indicates that Latinos are tired of the monumental negative impact the war on drugs has had on us and our communities."
Localização: 
United States

Washington Office on Latin America Book Launch Reception

The Washington Office on Latin America is pleased to invite you to a reception to celebrate the publication of Washington Office on Latin America: Thirty Years of Advocacy for Human Rights, Democracy and Social Justice by Coletta A. Youngers Tuesday, September 19, 2006 5:30 pm to 7:30 pm WOLA’s office 1630 Connecticut Ave. NW Suite 200 Washington, DC 20009 You have been an important part of our history. WOLA is celebrating its 30 years of history with friends, staff and board members with the launch of our most recent publication Washington Office on Latin America: Thirty Years of Advocacy for Human Rights, Democracy and Social Justice. We would like to share this special evening with you. Come celebrate WOLA’s history and mingle with our current staff and board to discuss WOLA’s present and to discover WOLA’s future. Please RSVP by Monday, September 18th to Ana Paula Duarte: [email protected]
Data: 
Tue, 09/19/2006 - 5:30pm - 7:30pm
Localização: 
1630 Connecticut St. NW Suite 200
Washington, DC
United States

My Border Blues

I really dislike crossing international borders. I've been doing a lot of it lately in the past few years, particularly since my partner and I got a summer place outside Nelson, BC. Even when I was spending a few weeks or months in Nelson, I was often off to the US—for a meth conference in Salt Lake, the NORML annual conference in San Francisco, to score cheap cigarettes on the Indian reservation in Washington state—or crossing into the US to get to the nearest big time airport to fly off to more exotic locales. And I'm tired of it, particularly along the US-Canadian border. The US border guards have a worldwide reputation for being hard asses, but I find that to be true only about half the time. The Canadians, on the other hand, have a reputation for politeness, but they are also an intensely bureaucratic nation, and they sometimes subject visitors to relentless questioning and truly bizarre questions: "Do you have a copy of the title to your home with you?" One wants to reply: "Ah, gee, I must have left it in my other jacket." I don't like dealing with these border cops because I like my freedom and I like my freedom to travel, and when I arrive at the border, I suddenly enter a "no rights" zone. Not only can I be stopped from crossing that invisible line, but I also get to be interrogated, searched, and possibly probed in the bargain. And have my belongings rummaged through, my notebooks read, my vehicle turned apart. We have this international system where money flows across the globe at the push of a button, massive amounts of commodities (licit and illicit) flow across borders through the channels of commerce, and jobs fly to wherever offers the lowest wage. Why can't we just flow like everything else? I guess I don't see any way of getting around borders short of the dreaded UN global government, but I'm starting to think North America should emulate Europe, where the European Union allows free movement among its member countries. Here's a link to the Wikipedia pages on North American Union, not because I think Wikipedia is the holy scripture on contentious topics, but because I think it shows the nature of some of the debate around the whole notion. I'm interested in borders as a drug policy issue, but also as a human rights issue, and I feel that very personally each time I have to deal with these uniformed agents of various national governments. I guess I feel especially cranky (if not crankish) about the issue today because I just had to recross the border back into the United States from Canada, then come back into Canada with certain papers they had never wanted before. That made it my second cross-border trip to deal with this particular issue, a grand total of four border crossings on Friday and Monday. Enough with those borders!
Localização: 
United States

Crossing the Border

I'm off to Spokane, Washington, in a few minutes, which means I will be crossing the US-Canadian border at one of the remote ports of entry above Spokane. I'm coming from BC Bud country, which means the border crossing is always, um, interesting. You never know whether they are going to wave you through in a matter of a few seconds, or tear your vehicle apart, make you empty your pockets, and maybe even do a strip search. It always makes me feel so wanted by my homeland. It helps if you have a reasonable story. It seems like there's nothing to set the border guards off like a little uncertainty or nervousness. Up here, they are mainly looking for pot (and in the other direction, the Canadians are looking for cash, cocaine, and guns). The astounding thing is that they would think anyone would go through the ports of entry with a load of weed, when all you have to do is look around at the wild, pine forest-covered mountains that make up the border around here. There are remote logging roads that bisect the border, there are smuggling trails left over from alcohol Prohibition, there are miles of trackless wilderness where nobody goes except young men with backpacks full of weed who hike, bike, ski, or ride horses to the other side where those American dollars are waiting. Ah, yet another border crossing. Always a thrill.
Localização: 
United States

Southeast Asia: Australian Foreign Minister "Grateful" for Indonesia's Tough Drug Stance After Four Australians Sentenced to Death for Smuggling

After the Indonesian Supreme Court sentenced four Australian citizens to death for trying to smuggle heroin from Bali to Australia, Australian Foreign Minister Alexander Downer told a press conference Tuesday night he was "grateful" for Indonesia's tough stance on drug policy. Downer held out little hope that the four, and two others already sentenced to death, would be spared.

Part of a group known as the "Bali Nine," the four Australians had originally been sentenced to lengthy prison terms, but prosecutors appealed the "lenient" sentences, and earlier this week the Supreme Court resentenced them to death. They join two other young members of the "Bali Nine" already sentenced to die in a case involving 18 pounds of heroin.

At the press conference called to confirm the imposition of the death sentences, Downer said the case would not harm relations between the two countries. "We actually urged the Indonesians to be tough on drug trafficking," he said. "The last thing we want is heroin brought into Australia from Indonesia. Don't make any mistake about that. We are grateful to the Indonesians for being tough on drugs. It's just that we don't support capital punishment. That they have arrested people who've been trafficking drugs means those drugs don't come into Australia and innocent Australians, or drug users in Australia innocent or not, aren't going to use those drugs, and that's a good thing."

Despite Downer's sanguine comments, Liberal Prime Minister John Howard, himself a staunch drug warrior, announced he would seek clemency, although he cautioned it would be unlikely. "I don't think people should entertain too many optimistic thoughts because it's difficult, but we will try hard and we will put the case against the death penalty," Howard said late on Wednesday.

Other Australian politicians have protested more loudly. "Judicial murder is what the Indonesian authorities have in mind here. It is a repugnant and barbaric practice," Green Senator Bob Brown told Reuters.

A group of Australian politicians who are members of Amnesty International said they would protest to the Indonesian government. "We should not sit back and say this is their laws and they can do what they want," said government MP Bruce Baird. Meanwhile, the six young Australians confront their imminent mortality.

One of the Australians sentenced to death, 20-year-old Scott Rush, said he was shocked by the ruling and pleaded for help. "This is making my head spin. I am sitting on death, am I?," he said. "At first I didn't want to appeal because of this sort of thing. I was scared and me and my parents were stressed. But everyone said no Australians would be put to death, and now I am on death row. If there is anything people can do to prevent this please make it happen because I need a second chance at life."

That's the way we do things in Indonesia, the country's top cop, General Sutanto said. "In Indonesia, drugs abuse is rampant because punishment has been too lenient. If we are not serious about tackling the problem, drug traffickers will not be deterred," Sutanto told reporters, according to Reuters.

Editor's Note: It's foolishly naive to think that the death penalty does or can deter drug trafficking. After all, many participants in the drug trade already risk death at the hands of their competitors routinely. A government adding a few more bodies to the pile does nothing to fundamentally alter that reality. Much more likely is that it will push the trade into the hands of the most dangerous kinds of criminals who are most comfortable taking the risk.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School