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Interview with Hearne, Texas, drug war victim Regina Kelly

Radley Balko has posted a Flash-video interview he recorded with drug war victim Regina Kelly, one of the 27 black residents of Hearne, Texas, who were arrested in a Tulia-like incident involving an "informant" of the most scurrilous variety. Kelly, like most of the victims, was later exonerated. Balko and Kelly were both speakers at an ACLU conference in Seattle last weekend.

Seattle is a beautiful city -- with great drug reformers -- as I commented two weekends ago while the NORML Legal Seminar was convening in Aspen, "wish I were there..."

Localização: 
United States

Racial Profiling: It's Getting Worse in Missouri

Black drivers are nearly 50% more likely than whites to be stopped by Missouri police and twice as likely to be searched, even though police are less likely to find contraband than with white drivers, according to the state's annual report on racial profiling. Released May 31, the report also found that the problem is getting worse.

https://stopthedrugwar.org/files/njturnpike.jpg
enter at peril of profiling
The report showed that blacks were pulled over at rates 49% greater than their presence in the driving age population. The numbers were 34% in 2004 and 42% in 2005.

"As I have said in previous years, the disparity index for African-American and Hispanic drivers continues to be of concern," Attorney General Jay Nixon said in his written analysis of the report. "Law-abiding drivers have the right to travel throughout Missouri without the fear that they will be stopped based solely on their race or ethnicity."

White drivers were stopped at a rate slightly below their percentage of the population, while Hispanic drivers were stopped at a right slightly above it. Asians, American Indians, and people of mixed race were all stopped at rates well below what would be expected.

Blacks and Hispanics were twice as likely to be searched as whites, even though police were most likely to find contraband in searches of vehicles driven by white drivers. Police found contraband in 14.4% of searches of Hispanic drivers, 18.7% of black drivers, and 22.2% of white drivers.

Despite lower levels of successful searches among black and Hispanic drivers, they were still twice as likely to be arrested during a traffic stop than white drivers. Five percent of white drivers pulled over ended up going to jail, while slightly more than 10% of black and Hispanic drivers did.

The report was based on an analysis of more than 1.6 million traffic stops, 128,000 searches, and 94,000 arrests made by state and local police in Missouri in 2006.

War on drugs kills blacks

Localização: 
United States
Publication/Source: 
Chicago Sun-Times
URL: 
http://www.suntimes.com/news/anderson/402893,CST-EDT-monroe27.article

Drug crisis defies easy solutions

Localização: 
United States
Publication/Source: 
The Seattle Times
URL: 
http://seattletimes.nwsource.com/html/localnews/2003715466_jdl21.html

Green Party Press Release: War on drugs is a war on youth, people of color

For Immediate Release: May 16, 2007 Contacts: Scott McLarty, Media Coordinator, 202-518-5624, [email protected] & Starlene Rankin, Media Coordinator, 916-995-3805, [email protected] *Greens call for realistic debate in the 2008 Presidential race on the War on Drugs *Democratic and Republican politicians are ignoring the human and economic devastation caused by failed drug policies, unjust laws, and targeting of young people, the poor, and African Americans and Latinos, say Green Party leaders WASHINGTON, DC -- Green Party leaders called for a national discussion on how the US's 'war on drugs' has turned into a war on young people, the poor, and African Americans, Latinos, and other people of color. "The human and economic devastation caused by the war on drugs is missing from the range of debate among both Democratic and Republican presidential candidates. Politicians from these parties, when asked about drug policies, prefer to posture about law and order and endorse failed measures. These politicians don't realize that going along to get along makes one complicit said Cliff Thornton, Green candidate for Governor of Connecticut in 2006 and co-founder of Efficacy, Inc. , which promotes major reforms in drug policy. Greens cited a study by the American Civil Liberties Union ("Cracks in the System: Twenty Years of Unjust Federal Crack Cocaine Law," October 2006, ), 37% of people arrested, 59% of people convicted, and 74% of those sent to prison are African American, even though only 15% of drug users are African American. The Associated Press has reported that "a record 7 million people -- or one in every 32 American adults -- were behind bars, on probation or on parole by the end of last year, according to the Justice Department.... From 1995 to 2003, inmates in federal prison for drug offenses have accounted for 49 percent of total prison population growth." In state prisons, 260,000 people were serving sentences on nonviolent drug charges in 2005, of whom more than 70% were African American or Latino . The Department of Justice's Bureau of Justice Statistics reports that nearly one in eight drug prisoners (45,000 Americans) are behind bars for marijuana-related offenses. Green leaders also strongly criticized the punitive denial of financial aid to students with drug convictions, and supported Students for a Sensible Drug Policy in their effort to persuade Congress to reinstate such aid. "The war on drugs is an excuse to ignore the US Constitution's prohibition on cruel and unusual punishment, with long prison sentences for minor and nonviolent offenses. The drug war is meant to be waged, not won," added Mr. Thornton. "This is in part a result of pressure on elected officials from the private prison industry lobby, which seeks to build new prisons and fill up cells in order to win government giveaways and increase corporate profits. The Green Party calls for a public debate that challenges the rhetoric of Democratic and Republican politicians who are under influence of these companies, and that recognizes how the war on drugs has only resulted in more crime and violence." "We need to stop spending $50 billion a year on the drug war, and use that money for treatment. We need to repeal mandatory sentencing laws, which override judges' discretion in determining prison time, and 'three strikes' laws that send people -- mostly the poor and people of color -- away for life on nonviolent and minor felonies," said Kevin Zeese, 2006 candidate for the US Senate candidate in Maryland and president of Common Sense for Drug Policy . The Green Party's national platform endorses decriminalization of victimless crimes, such as the possession of small amounts of marijuana; an end to the war on drugs; expanded drug counseling and treatment; and an end to arrest of 'medical marijuana' arrests and prosecution. "Law enforcement should focus efforts on organized crime, including the laundering of drug money at banks, rather than on street-level drug trade, in which kids who get arrested -- or killed -- are quickly replaced," said Nan Garrett, Co-Chair of the National Women's Caucus of the Green Party and 2002 candidate for Governor of Georgia. "Addictive use should be treated as a medical and social problem. Locking up addicts in stressed prison environments, with minimal effort to address the addiction itself, and then freeing them to go back into the same circumstances that led to their abuse of drugs has only aggravated the problem of addiction. Greens endorse rational solutions to the problems of drug abuse that are based on science and health, compassion for addicts and their families, reduction of harm rather than moral judgment, and respect for basic civil liberties and principles of justice." MORE INFORMATION Green Party of the United States http://www.gp.org 1700 Connecticut Avenue NW, Suite 404 Washington, DC 20009. 202-319-7191, 866-41GREEN Fax 202-319-7193 Green Party News Center http://www.gp.org/newscenter.shtml Drug War Facts: Drug Offenders In The Corrections System - Prisons, Jails and Probation http://www.drugwarfacts.org/prison.htm Race, Prison and the Drug Laws (with information on the disproportionate incarceration of African Americans and other people of color) http://www.drugwarfacts.org/racepris.htm Crime (with information on the correlation between drug prohibition and violence) http://www.drugwarfacts.org/crime.htm
Localização: 
Washington, DC
United States

Sentencing: Maryland Governor Vetoes Bill To Give Two-Time Drug Sales Offenders Parole Eligibility

Maryland Gov. Martin O'Malley (D) Wednesday vetoed a bill that would have provided the possibility of parole to people serving second-time drug sales sentences. Under current Maryland law, such offenders must serve a mandatory minimum 10-year sentence with no possibility of parole. The law would not have applied to violent offenders.

But in an interview with the Associated Press explaining his veto, O'Malley said he considered drug dealing to be a violent crime in itself. "Drug dealing is a violent crime, and the morgues of many of our counties and state are filled with the bodies that have been taken far too early because of drug distribution," O'Malley said. Maryland already provides opportunities for second-offenders to get drug treatment, he claimed, adding that the bill "unnecessarily broadens current law and makes parole a possibility, however remote, for drug dealers who are driven by greed and profit supported by violence, not addiction."

The bill, HB 992, passed the legislature with bipartisan support and was backed by a broad coalition of drug reformers, the faith community, public health and law enforcement officials, and drug treatment providers, as well as the Washington Post and the Baltimore Sun. The coalition is not happy with O'Malley.

"The veto is a disappointing mistake," said Justice Policy Institute executive director Jason Zeidenberg. "Instead of taking a baby step in the right direction towards treatment instead of prison, O'Malley is stubbornly clinging to the failed tough on crime policies of the past. The governor failed to show leadership and vision in this decision."

"Governor O'Malley has put Maryland out of step with other states that are moving in the direction of smarter, more effective sentencing policies," said Naomi Long, director of the Drug Policy Alliance District of Columbia Metropolitan Area project. "This veto was a lapse of leadership, and hurts Maryland's efforts to implement the kinds of real reforms that would actually make a difference."

The state of Maryland spends millions of dollars each year incarcerating nonviolent drug offenders, the vast majority of whom would be better served by drug treatment options. A recent report by the Justice Policy Institute found that Maryland's sentencing laws disproportionately affect communities of color and may be the least effective, most expensive way to promote public safety.

"The fight for more effective and fair sentencing policies isn't over," said Delegate Curtis Anderson (D-Baltimore), a sponsor of the legislation. "Maryland voters want more fair and effective sentencing policies. We will keep working with the governor to implement those reforms."

FAMM urges Congress to heed message from Commission, New report finds crack disparity unjustifiable, up to Congress to fix the problem

WASHINGTON, D.C.: Federal crack cocaine penalties overstate the harmfulness of the drug, apply mostly to low-level offenders, and hit minorities hardest, concludes the U.S. Sentencing Commission in a new report to Congress, "Cocaine and Federal Sentencing Policy," released today, May 15. Based on these findings, the Commission maintains it's consistently held position that current crack cocaine penalties significantly undermine the congressional objectives of the Sentencing Reform Act, including fairness, uniformity and proportionality. The solution? Congress should act, says the report. Mary Price, vice president and general counsel of Families Against Mandatory Minimums (FAMM), a national, nonpartisan sentencing reform organization, says, "The prisoners, children and families torn apart by these unjustifiably harsh penalties are watching closely and will welcome crack sentencing reforms that restore some justice to crack penalties. Only Congress can change our harsh mandatory minimum crack laws. Lawmakers should not squander the important opportunity presented by the most recent set of findings and recommendations by the Sentencing Commission. The time is ripe for reform, especially given the bipartisan support for crack sentencing reform that has emerged in recent years." In its report, the Commission again unanimously and strongly urged Congress to act promptly on the following recommendations: (1) Increase the five-year and ten-year mandatory minimum threshold quantities for crack cocaine offenses to focus the penalties more closely on serious and major traffickers, (2) Repeal the mandatory minimum sentence for simple possession of crack cocaine and (3) Reject addressing the 100-to-1 disparity by decreasing the five-year and ten-year mandatory minimum threshold quantities for powder cocaine offenses, citing no evidence to justify such an increase in quantity-based penalties for powder cocaine offenses. In addition, the Commission seeks authority to incorporate any future changes to the mandatory minimums for crack into the federal sentencing guidelines. FAMM strongly supports these recommendations and looks forward to working with members of Congress to implement these reasonable and long-overdue reforms to crack cocaine sentencing. Visit www.ussc.gov to read the report. --------------------------------------------------- Note on Second Chance Act H.R. 1593, the Second Chance Act, was pulled from the floor of the House of Representatives before it was voted on. FAMM is investigating this unexpected action and will follow up with more information on www.famm.org and ealerts. --------------------------------------------------- What is FAMM? FAMM is the national voice for fair and proportionate sentencing laws. We shine a light on the human face of sentencing, advocate for state and federal sentencing reform and mobilize thousands of individuals and families whose lives are adversely affected by unjust sentences. For more information, visit www.famm.org or email [email protected].
Localização: 
Washington, DC
United States

Congressional Staff Briefing (Senate): Reforming Crack Cocaine Sentencing

On May 15, the United States Sentencing Commission (USSC) updated its 2002 Report to Congress on Federal Cocaine Sentencing. The USSC report once again finds that there is no rationale for the sentencing differences between the two forms of the drug. Under current law, possessing or selling 5 grams of crack cocaine results in the same five-year mandatory minimum sentence as selling 500 grams of powder cocaine. The law harshly punishes low-level offenders, and has had a disparate impact on African-American and low-income communities. Join us in a frank discussion on avenues for reform of this unjust law. Speakers to include: Lisa Rich, United States Sentencing Commission Hillary Shelton (Invited), NAACP, Washington Office Pat Nolan, Prison Fellowship Moderated by Marc Mauer of The Sentencing Project & Jesselyn McCurdy of the ACLU RSVP by May 18 to Vee Campbell ([email protected]) or call (202) 721-5649.
Data: 
Mon, 05/21/2007 - 2:00pm
Localização: 
Washington, DC
United States

Congressional Staff Briefing (House): Reforming Crack Cocaine Sentencing

On May 15, the United States Sentencing Commission (USSC) updated its 2002 Report to Congress on Federal Cocaine Sentencing. The USSC report once again finds that there is no rationale for the sentencing differences between the two forms of the drug. Under current law, possessing or selling 5 grams of crack cocaine results in the same five-year mandatory minimum sentence as selling 500 grams of powder cocaine. The law harshly punishes low-level offenders, and has had a disparate impact on African-American and low-income communities. Join us in a frank discussion on avenues for reform of this unjust law. Speakers to include: Lisa Rich, United States Sentencing Commission Hillary Shelton (Invited), NAACP, Washington Office Pat Nolan, Prison Fellowship Moderated by Marc Mauer of The Sentencing Project & Jesselyn McCurdy of the ACLU RSVP by May 18 to Vee Campbell ([email protected]) or call (202) 721-5649.
Data: 
Mon, 05/21/2007 - 9:00am
Localização: 
Washington, DC
United States

Feature: Turning Up the Heat on New York's Rockefeller Drug Laws (and the Politicians Who Fail to Fix Them)

On Tuesday, New York marked an ugly anniversary -- 34 years since the state's draconian Rockefeller drug laws were enacted. Now, three years after the legislature enacted the first, timid reforms of those harsh drug laws and one month after the State Assembly voted to broaden them, drug reform activists are seeking to heighten the pressure on Gov. Eliot Spitzer (D), Lt. Gov. David Paterson (D), Attorney General Andrew Cuomo (D), and the Republican-led state Senate to act.

https://stopthedrugwar.org/files/fairness4.jpg
June 2003 ''Countdown to Fairness'' rally, NYC (courtesy 15yearstolife.com)
Prisoners sentenced under mandatory minimum Rockefeller drug laws now number more than 13,000, and an astonishing 91% of them are black or brown. The reforms enacted in 2004 have resulted in the release of only 300, leaving thousands of prisoners serving mid-level mandatory minimum sentences still in purgatory.

Spitzer, Paterson, and Cuomo campaigned on Rockefeller law reform, but since they took office the silence has been deafening. In 2003, the hip-hop community, led by empresario Russell Simmons, put tens of thousands people on the street to rally for reform. Now, once again, the hip-hop community is calling out the politicians.

Working with Real Reform New York, a coalition coordinated by the Drug Policy Alliance, hip-hop superstar Jim Jones Tuesday released a new rap single, "Lockdown, USA," a powerful call to reform the Rockefeller laws which has so far run on dozens of radio stations around the country.

A Harlem native, Jones has seen the impact of the Rockefeller drug laws firsthand. Conversely, the politicians in Albany have seen the impact of a mobilized hip-hop nation first hand, too, and reformers report that the prospect of a new call to arms from the hip-hop community has them nervous.

"We're kicking up the pressure now, trying to revive the Russell Simmons coalition approach to Albany, and I'm hearing that they're starting to sweat," said Anthony Papa, a former Rockefeller law prisoner turned author and painter who now works to undo those laws. "They're getting flashbacks of 100,000 people on the street [for the 2003 Russell Simmons Countdown to Fairness], and it's good if that makes them nervous," Papa told the Chronicle.

He isn't just speculating. After publishing an op-ed in the widely-read Huffington Post blog last weekend, titled "Spitzer, Cuomo and Paterson: Where Did You Go?," Papa received a personal call from Paterson's office. "Not too happy," Papa characterized their feelings about it in an e-mail to DRCNet yesterday. And word is that the chatter in Albany about it all is far more extensive than that.

"These guys campaigned on Rockefeller law reform, and now Spitzer has been in office for more than 100 days, and it is nowhere in sight," Papa complained. "Hip-hop is now calling you out, Spitzer!"

It's time for change, said one prisoner's mother. "Small changes to the Rockefeller Drug Laws were clearly not enough. My son Ashley is a prime example of this, because he is serving a 7- to 21-year sentence for a first-time, nonviolent offense," said Cheri O'Donoghue, an advocate for Real Reform New York. "These inhumane, racist laws have been around for nearly 34 years. Enough is enough."

New York's Drug Law Reform Act of 2004 (DLRA) lowered some drug sentences but it fell far short of allowing most people serving under the more punitive sentences to apply for shorter terms, and it did nothing to increase the power of judges to place addicts into treatment programs. While advocates and family members are encouraged by these modest reforms, it is clear that the recent reforms have had a negligible impact on the majority of people behind bars. Most people behind bars on Rockefeller charges are charged with nonviolent lower-level or class-B felonies.

"Given the extraordinary racism associated with these laws, it's unbelievable they've been around for 34 years," said Gabriel Sayegh, project director at Drug Policy Alliance. "We hope that this powerful song will inspire the thousands who attended the 2003 Lockdown, USA rally -- and all outraged New Yorkers -- to pick up the phone and step into the streets to put heat on Governor Spitzer and State Senator Joe Bruno -- to make them keep their word and reform these inhumane laws."

But even if the Democratic administration starts moving on real reform, a huge political obstacle remains in the Republican-dominated Senate, with its strongholds in the prison country of upstate New York. Seven upstate Senate districts held by Republicans depend on prisoner numbers to reach their required population size and would have to be redrawn if large numbers of prisoners were released or the US Census Bureau counted them as residents of their home towns.

Prisons are also a growth industry in Republican-dominated upstate, which has seen dozens of new prisons in the past two decades. It is no surprise that two of the most vocal reform opponents, Sens. Dale Volker (R) of suburban Buffalo and Michael Nozzolio (R) of Finger Lakes have 17% of the state's prison population in their districts.

Spitzer ran on his record as a crusader against waste and corruption. Now, he has the opportunity to undo the Rockefeller drug laws. But will he, or will he bow to political pressure from powerful special interests who benefit directly from the mass incarceration of their nonviolent fellow citizens? The reform community is now turning up the heat to help him do the right thing.

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