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More Take the Rehab Way Out; [Enron's] Fastow is the Latest Corporate Convict to Seek Counseling to Cut Time Off Sentence

Localização: 
United States
Publication/Source: 
Houston Chronicle
URL: 
http://www.chron.com/disp/story.mpl/special/enron/4309968.html

Supreme Court to Revisit Federal Sentencing Issues (New York Times)

Localização: 
United States
URL: 
http://www.nytimes.com/2006/11/04/washington/04scotus.html?_r=1&oref=slogin

The Tale of Two MA Teenagers: Probation for Coach Belichick’s Son for Small Amount of Marijuana, Two Years in Jail for Mitchell Lawrence

For Immediate Release: October 31, 2006 For More Info: Tony Newman (646) 335-5384 The Tale of Two MA Teenagers: Probation for Coach Belichick’s son for Small Amount of Marijuana, Two Years in Jail for Mitchell Lawrence Probation is Appropriate Response to Teen with Small Amount of Marijuana, Not Cruel Two Year Sentence 18-Year-Old Mitchell Lawrence is in Jail Because of Bad Law, Cruel Prosecutor The son of New England Patriots Coach Bill Belichick was placed on probation for six months after being arrested on Saturday on one account of marijuana possession. Charges against Stephen Belichick will be dropped after six months if he stays out of trouble. The Drug Policy Alliance, a national organization working end the war on drugs, applauded the appropriate sentence given to Stephen Belichick, while highlighting an injustice that has befallen another teenager from Massachusetts: Mitchell Lawrence, an 18-year-old now spending two years in jail for selling one joint’s worth of marijuana to an undercover police officer in Great Barrington, MA. Mitchell Lawrence received the two-year jail sentence because he was within 1,000 feet of a school and because the fanatical district attorney of Berkshire County, David Capeless, decided to press school zone charges, which trigger a mandatory minimum sentence of two years in prison. “Sending an 18-year-old to jail for two years for a small amount of marijuana is inhumane,” said Tony Papa, communications specialist at the Drug Policy Alliance. “Fortunately, the district attorney working on the Belichick case used common sense and compassion when pushing for probation instead of a jail cell.” Lawrence’s case was depicted in a recent flash movie. The two-minute movie introduces people to Lawrence and the details of his case. The flash asks and then explains how an 18-year-old (he was 17 when arrested) who has never been in trouble before could be sentenced to two years in jail for selling such a minuscule amount of marijuana. (View the flash movie at: http://www.drugpolicy.org/news/050506greatbarringtonflash.cfm
Localização: 
United States

Feature: Alabama Drug Reformer Loretta Nall Accidentally Becomes the "Cleavage" Candidate

Libertarian Party Alabama gubernatorial candidate Loretta Nall couldn't get enough signatures gathered to win a spot on next Tuesday's ballot, but in a bizarre twist, her breasts have garnered her enough attention to make her a water-cooler topic of conversation not only in the Heart of Dixie, but from coast to coast. The 30-something Alabama housewife has taken what could be viewed as a demeaning local newspaper column about her breasts and cleavage and, in an act equal parts political jiu-jitsu and political theater, used it to gain a nationwide soapbox for her platform of drug and sentencing reform, immigrant legalization, and opposition to the war in Iraq and the Patriot and Real ID Acts.

It all began with a photo of Nall alongside a brief, dismissive mention of her campaign in a column by the Montgomery Independent's Bob Ingram back in March. The photo -- obtained by the paper through a Google search and used in lieu of the more conservative image she had provided -- showed the amply-endowed Nall in a low-cut blouse with plunging cleavage. Ingram revisited the topic a few days later, telling readers the Nall photo marked the first time a woman's cleavage was featured in his column.

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Nall took it from there. In a letter to Ingram and Independent publisher Bob Martin, she challenged the apparently breast-obsessed pair to discuss her campaign instead of her physical attributes. "Now that you and the rest of Alabama have been introduced to 'the twins' perhaps you'd like to meet the rest of me," she wrote. "I'll don my burka, so y'all won't be distracted, and perhaps we can discuss the other planks in my platform, since Mr. Ingram saw fit to only discuss one."

By the end of March, Nall was reporting wildly increased traffic at her campaign web site and increasing attention across the blogosphere, and by the beginning of May she had taken advantage of the attention to unveil a new "Flash for Cash" appeal for donations, where an animated Nall figure would reveal what's behind the blouse for a $50 campaign contribution.

She took it to the next level when she unveiled a new line of t-shirts and posters featuring the famous cleavage shot above and photos of incumbent Republican Gov. Bob Riley and his Democratic opponent, Lt. Gov. Lucy Baxley below, with the text reading "More of These Boobs and Less of These Boobs."

Since then, it has been a media frenzy for Nall, with appearances on the national cable news networks Fox and MSNBC and NBC's The Today Show, as well as countless radio interviews -- both national and local -- and unceasing attention in the blogosphere. And in the ouroboros world of the media, the attention Nall received from some media outlets meant she was all the more newsworthy on other media outlets.

The national interest meant that the homeboy media needed to pay attention, and it did. An Alabama-based Associated Press story ran in papers across the country, local TV stations began devoting increasing air time to her breasts (and her campaign), and on Wednesday evening she was slated for a 20-minute appearance on Alabama's only statewide newscast, "On the Record."

"The Alabama press has really had a good time with this," Nall told Drug War Chronicle. "The campaign is full of nasty attack ads, and I'm doing something different and they're eating it up. Yes, there is lots of stuff about me being 'the breast candidate for the job' and 'racking up points,' but then they go on to actually talk about my campaign and my platform. The boobs thing has been fun for me and the media, and I've garnered some good editorials as a result."

But despite the humor of her campaign, Nall is a serious candidate. "Everybody was all excited about the boob stuff," she told the Chronicle, "but I just use that as a way of getting a platform to get at my real issues, especially the Patriot and Real ID Acts, No Child Left Behind, and drug policy and prison reform," the Alabama housewife explained. "Hammering away at the number of people in our overcrowded prisons has been one of my main planks."

And she wasn't afraid to go behind enemy lines, making an appearance on Fox News' Fox & Friends program, where she simply steamrollered a seemingly stunned pair of Fox anchors. "It's hard to outfox Fox, but I didn't really pay any attention to their questions, I didn't let them hem me in," Nall explained. "I figured if I pulled a Marc Emery and talked non-stop, they wouldn't have a chance, and they didn't."

Nall is not being included in polling on the governor's race, but said she believed she would poll well above the 1% needed to win a ballot line for the Libertarian Party in 2008. "If the feedback I've been getting is any indication, I could go as high as 5% or 6%," she predicted. "I am hearing from a lot of Republicans who say I am a true conservative, but I'm also getting support from a lot of lefty Democrats. There is a large segment of the population that feels like it doesn't have a political voice when the major party candidates here are trying to out-Jesus each other."

Drug Reform and Drug Reformers in the 2006 Elections -- The List

In a national political season dominated by the war in Iraq and concerns about the direction in which the country is headed, drug policy issues have largely been ignored this year. Drug policy issues are on the ballot in several states and localities and drug reformers are running for statewide office in a handful of states. Here are the campaigns and races we will be watching and reporting on next week.

NATIONAL

United States Congress: We are not singling out any races in this crucial, possible sea change, election year, and no single race has been distinguished for its drug policy implications. Should Democrats take control of one or both chambers of Congress, that could potentially have significant ramifications for the issue -- imagine Rep. John Conyers (D-MI) as head of the House Judiciary Committee instead of Rep. James Sensenbrenner (R-WI), for starters. Historically drug reformers have tended to find both major parties disappointing, however.

If you are interested in how your representative represents your views on drug policy issues, the Drug Policy Alliance has prepared a 2006 Drug Policy Reform Congressional Voter Guide, as have Marc Emery and Cannabis Culture.

STATE INITIATIVES

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Election Day approaching
Arizona: Proposition 301 would roll back a decade-only sentencing reform law as it applies to methamphetamine offenders. Under the sentencing reform, first- or second-time drug possession offenders cannot be sentenced to jail or prison -- only to probation. This legislature-sponsored initiative would allow meth offenders -- and only meth offenders -- to be jailed on a first or second offense. It is opposed by Meth-Free Arizona -- No on 301, a citizens' and activist organization, as well as leading Arizona jurists.

Colorado: Amendment 44 would legalize the possession of up to one ounce of marijuana by adults. Building on successful non-binding resolutions at several Colorado universities and last year's surprise Denver vote to legalize possession under city ordinance, initiative organizers SAFER Colorado have been hammering away at what has proven to be a particularly resonant theme: Marijuana is safer than alcohol. While the most recent polls show the initiative trailing, organizers say those polls under-sample youthful voters who are more likely to vote yes.

Nevada: Question 7 would replace marijuana prohibition with a system of regulated, taxed, and controlled marijuana sales and would allow for the possession of up to one ounce of marijuana by adults. Sponsored by the Committee to Regulate and Control Marijuana, an affiliate of the Marijuana Policy Project, the initiative, if successful, would result in Nevada being the first state to sanction marijuana sales. The effort builds on four years of work in Nevada by MPP and its affiliates. A similar initiative won 39% of the vote in 2002 and a 2004 signature drive failed to make the ballot, but this year the measure not only made the ballot but was polling above 40% in recent weeks and leading in the only poll that used the actual ballot language.

South Dakota: Initiated Measure 4 would allow for the use of medical marijuana by qualified patients with a doctor's recommendation. The measure allows qualified patients or caregivers to grow up to six plants and possess up to one ounce of marijuana. South Dakotans for Medical Marijuana, the group behind the campaign, has just unleashed its latest round of TV and radio commercials featuring two medical marijuana patients and a former police officer. There is no known polling on how the measure will fare in the socially conservative Upper Midwest state.

LOCAL INITIATIVES

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Santa Barbara, Santa Cruz, and Santa Monica, California: All three cities will vote on initiatives calling for adult marijuana offenses to be the lowest law enforcement priority. Part of the California Cities Campaign, an outgrowth of the successful Oakland Proposition Z lowest priority initiative in 2004, organizers hope victories this year will help lay the groundwork for a statewide effort to further reform California's marijuana laws. Initiative language is available at Sensible Santa Barbara (Measure P), Santa Cruz Citizens for Sensible Marijuana Policies (Measure K), and Santa Monicans for Sensible Marijuana Policy (Measure Y). According to state and local organizers, the most difficult fight will be in Santa Monica.

Missoula County, Montana: Initiative #2 would make adult marijuana offenses the lowest law enforcement priority. Sponsored by Citizens for Responsible Crime Policy, the initiative is facing strong law enforcement opposition, but has the benefit of being held in what is arguably the most liberal county in the state.

Eureka Springs, Arkansas: Sponsored by University of Arkansas/Fayetteville NORML, the municipal ballot measure would make adult marijuana possession the lowest law enforcement priority. It took only 115 signatures to get a lowest priority initiative on the ballot in this small, countercultural town in Northwest Arkansas.

Plymouth, Massachusetts: In the 1st and 12th Plymouth Representative Districts, voters will be voting to tell their representatives to support decriminalization: “Shall the state legislator from this district be instructed to vote in favor of legislation that would make the possession of less than one ounce of marijuana a civil violation, subject to a fine of no more than $100.00 and not subject to any criminal penalties?”

Middlesex and Norfolk, Massachusetts: Voters in the 7th Norfolk Representative District and the 3rd Middlesex Senate District will be voting on whether to tell their representatives to support medical marijuana: “Shall the state legislator from this district be instructed to vote in favor of legislation that would allow seriously ill patients, with their doctor’s written recommendation, to possess and grow small amounts of marijuana for their personal medical use?”

STATEWIDE ELECTIVE OFFICE

Alabama: Loretta Nall is running for governor on the Libertarian Party ticket. Denied a line on the ballot by Alabama's tight election laws, Nall is running a write-in campaign in hopes of gaining sufficient votes to win the party a spot on the ballot next time around. While Nall is calling for marijuana legalization and substantive sentencing reform, among other issues, her breasts have garnered the most press coverage. (See related story this issue.)

Connecticut: Long-time drug reform leader Cliff Thornton is running as the Green Party nominee for governor. While Thornton has been excluded from most polls and televised debates, the commanding lead held by incumbent Gov. Jodi Rell over her Democratic opponent may leave political space for a protest vote for Thornton.

Maryland: Long-time drug reform leader Kevin Zeese is running for US Senate as a unity candidate on a combined Green-Populist-Libertarian ticket. With a tighter-than-expected race between Democrat Ben Cardin and Republican Michael Steele, a strong Zeese showing could potentially throw the election to one candidate or the other. With some data suggesting he is drawing support from both candidates, however, and with Cardin so far polling ahead consistently if not comfortably, that is unclear.

New Jersey: The one-time Ed Forchion, who has legally changed his name to NJ Weedman, is on the ballot in the US Senate race. Long a media favorite in the Garden State for his pro-marijuana antics, NJ Weedman campaigns on a platform of legalization.

Texas: Musician, novelist, and humorist Kinky Friedman has called for the legalization of marijuana. He is currently polling in the teens in a four-way race where incumbent Republican Gov. Rick Perry is leading with about 35% of the vote.

(Disclaimer: DRCNet endorses the positive drug reform ballot measures being promoted by our colleagues around the country -- the only ballot measure mentioned here that we oppose is 301 in Arizona. However, Drug War Chronicle is restricted by virtue of DRCNet Foundation's nonprofit status from taking positions for or against any parties or candidates for elected office, and DRCNet's supporters in fact span a wide range of the political spectrum. This article is intended only to provide objective information to foster understanding of the impact of the electoral process on the issue, and to support the democratic principle of an informed electorate.)

Marijuana: Massachusetts Gubernatorial Candidate Favors Legalization, Just Not During His Term

Democratic Massachusetts gubernatorial candidate Deval Patrick has, according to recent polling, a huge lead on his opponent, Republican Lt. Gov. Kerry Kealey. It isn't because of the clarity of his position on marijuana policy.

At the fourth and final gubernatorial debate October 26, both major party candidates and two minor party candidates were asked the following question by the debate moderator: "Since the 1970s at least a dozen states have decriminalized the possession by adults of small amounts of marijuana for personal use. Massachusetts is not one of them. In a 2003 Boston University study estimated that the thousands of arrests for pot possession each year cost more than $24 million in law enforcement resources. There's a bill before the legislature that would reduce the penalty for possession of less than an ounce to a $100 civil fine. Would you sign it if it reached your desk?"

After saying that he hoped the bill never reached his desk because that was not his priority, Patrick added that law enforcement should emphasize large drug traffickers and that the same person who provided marijuana to his drug addict uncle also provided him with heroin. He concluded his initial response by saying, "I'm very comfortable with the idea of legalizing marijuana. I just don't think it ought to be our priority."

The moderator was reduced to asking Patrick directly if he would veto the bill. "I would veto that," he responded.

Republican candidate Healey didn't dance around in her response. "I would veto that proposal," she said, citing the cost of drug addiction and the "tragedy" of kids in the social service system because of drug-addicted parents. "Anything that leads to drug addiction should be absolutely off the table and I would never legalize drugs."

Independent gubernatorial candidate Christy Mihos joined the consensus, saying that he supported medical marijuana, but would veto a decrim bill. Only Green-Rainbow candidate Grace Ross gave any positive indication about the decrim bill, but that was vague too. "I'm not big for throwing people in prison for small amounts of marijuana but what the real issue is -- drug addiction, and every other industrialized nation doesn't have as many people in prison and there's a reason because when someone's addicted to something they can get treatment on demand, they can get treatment immediately because universal health care means when you know you need treatment you go in and you get it. So I think if we're going to talk about drugs lets catch the big folks who have the big amounts of money who bring them into communities, not the small fish."

Still, Ross refused to say whether she would sign or veto a decrim bill, saying she would want to see the context of other "much more important" policy changes. She did, however, obliquely attack Healey's comments about drug-addicted parents. "I think we have got to be real here because it's not about what's legal and what's not legal completely because a lot of those kids in DSS their parents are addicted to alcohol, not to illegal substances and I think that the one piece about this kind of question that's legitimate is that addiction is not connected with which substances are legal or not. And so we need to be honest here. I think the question of where marijuana sits in comparison to alcohol is a legitimate question and we need to deal with addiction as addiction and not about criminalizing people who are addicted. We need to deal with it as addiction."

In local ballot questions in the 2000, 2002, and 2004 general elections, more than 410,000 Massachusetts residents have voted for marijuana law reform.

Punishment: The U.S. Record

Punishment: The U.S. Record

A Social Research Conference at The New School on Thursday, November 30 and Friday, December 1, 2006


Join us as we examine the foundations of our ideas of punishment, explore the social effects of current practices and search for viable alternatives to our carceral state.

AGENDA SPEAKERS ABSTRACTS OVERVIEW
REGISTER LINKS HOTELS CONTACT

SPECIAL EVENT: RICHARD GERE and Others Reading Prison Writings
SPECIAL EVENT: The Metropolitian Museum of Art Tour of Artistic Representations of Punishment
Data: 
Thu, 11/30/2006 - 10:30am - Fri, 12/01/2006 - 7:00pm
Localização: 
United States

Senate Staff Briefing - Friday, October 27, 2006 - The 20-Year Legacy of Crack & Powder Cocaine Sentencing

Senate Staff Briefing - Friday, October 27, 2006 - The 20-Year Legacy of Crack & Powder Cocaine Sentencing Sponsored by the Justice Roundtable Friday, October 27, 2006 12:00 p.m. - 1:00 p.m. 226 Dirksen (Bring your brown bag lunch) On October 27, 1986 President Ronald Reagan signed the Anti-Drug Abuse Act of 1986. The law's mandatory penalties for crack cocaine offenses are the toughest ever adopted for low-level drug offenses. A defendant convicted with five grams of crack cocaine (the weight of less than two sugar packets) is subject to a five-year mandatory minimum sentence. The same five-year penalty is triggered for powder cocaine only when the offense involves 500 grams, 100 times the minimum quantity for crack. Twenty years later it is time to re- evaluate the implications of this law and determine whether the law's application reflects Congress's intent in 1986 when the legislation was enacted. Panelists will discuss the effects of the legislation on drug abuse and public safety, as well as a range of proposals for reform. Join panelists, including FAMM board member Eric Sterling, for a frank discussion of this issue. Full participants include: Lisa Rich, U.S. Sentencing Commission Bradley Hayes, Office of Senator Jeff Sessions Eric Sterling, Criminal Justice Policy Foundation Jesselyn McCurdy, American Civil Liberties Union Moderator: Kara Gotsch, The Sentencing Project Please RSVP for this brown bag event to Venus Campbell, justice_ [email protected]. For more information, contact The Sentencing Project, 202/628-0871.
Localização: 
United States

THE 20-YEAR LEGACY of CRACK & POWDER COCAINE SENTENCING: Senate Staff Briefing

Senate Staff Briefing Sponsored by the Justice Roundtable Friday, October 27, 2006 12:00 – 1:00 226 Dirksen (Bring your brown bag lunch) On October 27, 1986 President Ronald Reagan signed the Anti-Drug Abuse Act of 1986. The law’s mandatory penalties for crack cocaine offenses are the toughest ever adopted for low-level drug offenses. A defendant convicted with five grams of crack cocaine (the weight of less than two sugar packets) is subject to a five-year mandatory minimum sentence. The same five-year penalty is triggered for powder cocaine only when the offense involves 500 grams, 100 times the minimum quantity for crack. Twenty years later it is time to re- evaluate the implications of this law and determine whether the law’s application reflects Congress’s intent in 1986 when the legislation was enacted. Panelists will discuss the effects of the legislation on drug abuse and public safety, as well as a range of proposals for reform. Join panelists for a frank discussion of this issue. Participants include: Lisa Rich, U.S. Sentencing Commission Bradley Hayes, Office of Senator Jeff Sessions Eric Sterling, Criminal Justice Policy Foundation Jesselyn McCurdy, American Civil Liberties Union Moderator: Kara Gotsch, The Sentencing Project Please RSVP for this brown bag event to Venus Campbell, justice_ [email protected]. For more information, contact The Sentencing Project, 202/628-0871. The Sentencing Project Kara Gotsch, [email protected]
Data: 
Fri, 10/27/2006 - 12:00pm - 1:00pm
Localização: 
United States

Editorial: A Grim Anniversary

Today marks a grim anniversary in US drug policy, the enactment 20 years ago by Congress -- without hearings -- of draconian mandatory minimum sentences that have packed the federal prisons with vast numbers of low-level, nonviolent offenders serving for unjustly long periods of time.

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David Borden
Two who actually appear innocent are Lawrence and Lamont Garrison, twins who worked their way up from a poor, crime-ridden, northeast Washington DC neighborhood to ultimately be admitted to -- and almost graduate from -- Howard University School of Law.

Almost -- a month before graduating, they were swept up in a federal anti-drug operation, apparently "turned in" by an actual player in the drug trade, who needed to give the feds some names to get his sentence reduced. At least that's the way it looks to us -- click here to read a summary we published about the case in Drug War Chronicle six years ago.

Six years ago -- a long time, even if they were guilty of the crimes of which they were accused and convicted. Indecently long -- as is the 20 years the sentences have been on the books, during which time criticism has been leveled at them from numerous quarters and myriad angles: unjust, even violative of human rights, corruptive of the justice system, ineffective but VERY expensive, cruel, counterproductive.

Today a staff briefing in the US Senate is addressing this issue. The politics of drug and crime policy are difficult, and reform to federal sentencing laws has been mostly intractable. But not entirely, and every issue has a tipping point that when the time is ripe can send it in a different direction if the opportunity is seized.

Let us hope that this will be the time. No, let's make it the time.

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