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Minorities Must be Criminals, Otherwise There Wouldn't Be So Many of 'Em in Prison
New DOJ data confirming that minorities receive harsher treatment than whites during traffic stops came as no surprise to us. Last week I discussed the study, warning that DOJ's poor reporting could embolden racial profiling apologists, despite the obvious disparities revealed in the data. Unfortunately, I was right.Profiling skeptic Steve Chapman now exploits DOJ's report in a widely published editorial that's as sloppy as it is wrong:Why would black drivers be arrested more often? Maybe because African-Americans commit crimes at a far higher rate and are convicted of felonies at a far higher rate. In 2005, for instance, blacks were nearly seven times more likely to be in prison than whites.This is textbook circular reasoning of the sort that will earn you an F in Philosophy 101. By Chapman's logic, police could stop investigating white people entirely and we'd soon see that minorities commit 100% of all crimes. By relying on the argument that increased searches of minorities are justified by their criminality, Chapman exposes his own unfamiliarity with the data he's discussing. The previous DOJ report, released in 2005, addresses this issue directly:Likelihood of search finding criminal evidenceSearches of black drivers or their vehicles were less likely to find criminal evidence (3.3%) than searches of white drivers (14.5%), and somewhat less likely than searches of Hispanic drivers (13%).This data comes straight from a report referenced by Chapman, yet he insists that "a motorist of felonious habits is also more likely to have illegal guns or drugs on board," and "the average black driver is statistically more likely to be a criminal than the average white driver." The great irony here is that Chapman offers his made up statements about the heightened criminality of minorities while arguing that racial profiling doesnât exist. His premise fundamentally endorses profiling and any officer who agrees with him is highly vulnerable to the exact behavior Chapman denies. It is really just priceless to find gratuitous racial stereotypes in an article about how the days of gratuitous racial stereotyping are behind us.
Initial Reports on the Global Marijuana Marches
DRCNet bumper sticker on a car at the SF marijuana march I'll be writing this week about the Global Marijuana Marches that were set to take place in 232 cities Saturday. I drove into San Francisco for the event there, and I've gathered some initial reports from around the globe. Look for a full run-down in the Chronicle on Friday. Saturday was glorious in San Francisco, with sunny skies and temperatures in the 70s. San Francisco's version of the global marijuana march, Cannabis Awareness Day, was at City Hall plaza, where rows of vendors and exhibitors bracketed the crowd and local bands blasted rock, surf, pop, and rhythm & blues at the crowd. The San Francisco event was long on music, short on rhetoricâ"We've heard all that pot talk before," said one organizer from the stageâand extremely mellow. What pot politics there was came around making too much money off the dispensaries, with some speakers warning that the greedy would be weeded out. Jack Herer held court in one tent as star-struck fans sought autographs and pictures. There was lots of open pot-smoking, and not a policeman in sight all afternoon. It was like a lovely afternoon in the community park. Things weren't so mellow in Eastern Europe. In Sofia, Bulgaria, police dispersed a crowd of about 400 demonstrators, blocking the event from taking place. It was worse in Moscow, Russian police attacked ralliers, arrested 30 and beating others. Some have already been sentenced to jail time. In Prague, by contrast, authorities stood aside as about 1500 held a pot party at Letna Plain. The largest rally reported so far was in Toronto, where "Prince of Pot" Marc Emery led a crowd of about 20,000 in calling for freeing the weed. I haven't heard anything from other European capitals or the big cities of Latin America yet. Meanwhile, down under at the Nimbin Mardi Grass festival in Austalia, police reported more than 100 arrests, 60 of them for marijuana, among the more than 7,000 festival-goers. What does all this mean? What does it accomplish? Look for some rumination on these questions as well as more scene reports on Friday. (Click the "read full post" link or here for more pictures.)
Video Showing Field Drug Test False Positives for Many Different Soaps
In the aftermath of the infamous "soap bust" of drummer Don Bolles of "The Germs" fame, Dr. Bronner's has released a video showing the NarcoPouch field drug test coming up with false positives for a range of natural soap products. Curiously "fake" soaps that are actually detergent-based are coming up negative. Read the full press release here. Watch the video (which also includes TV news footage about the incident) via YouTube below:
Hurwitz Family: The Jury Verdict on Dr. Hurwitz
I did not notice this open letter from Dr. Hurwitz's brother when it came out late last month, but I think it is worth a read.
Drugs to Vaccinate You... Against Drugs!
My friend Grant Smith over at Drug Policy Alliance has commented on NIDA research to develop vaccinations and the philosophical implications of "robbing entire future generations of the basic human right to have freedom of choice and sovereignty over their bodies and minds." As a follow-up, I'd like to point out here the danger from a straight medical perspective. The questions of whether a vaccine will work, what its side effects may be, and what the likelihood is of experiencing such side effects are questions that go along with the development of any new medication. But there is something fundamentally different -- medically and scientifically -- about the concept of a vaccine to permanently disable a person from experiencing the effects of ingesting a drug. First, the neurological system that goes to work when one tries to "get high" is intimately tied to the rest of our neurology -- getting a thrill from chocolate or a rush from exercise, for example, involves some of the same chemical interactions in the brain that are involved in smoking a cigarette or snorting cocaine. I'm not saying that the acts are the same, but they are biochemically similar and related. They have to be -- each of us only has one brain, after all. Second, most drugs, both legal and illegal, either are used medically now or are highly similar to drugs that are used medically now. Cocaine and methamphetamine are both schedule II substances -- highly regulated, but used in medicine. Meth is from the same family as the widely used Ritalin. Heroin is a close variant of morphine. I don't know of current medical uses for nicotine, but I don't think it can be categorically ruled out for all time. Could a vaccination to block the euphoric effects of these drugs interfere with the ability of the same or similar drugs to produce the medical benefits for which they are also used? The only way to really know for sure is to do test people for it. But because only a fraction of all children go on to experience the medical problems that would be treated by the drugs, to do such a test and have sufficient data for it to be meaningful would require vastly expanding the number of kids who have to be given the vaccination initially as part of the research. And possibly excepting Ritalin use, the data would not come in for several decades, because most people acquire the afflictions for which the medications are used late in life. So in addition to the disturbing philosophical implications that Grant has explored, I really see this direction as inherently reckless from a straight medical perspective -- there is just no truly reliable way to know whether the treatment administered to toddlers or grade-schoolers now could put them in a box with respect to medical treatment down the road -- there's just no feasible way to gather enough data in advance, and if we did we might still not find out for 70 years. Rank this one right up there with the drug-fighting franken-fungus -- don't go there!
Moscow Update
There's an update and action alert from Moscow on the brutalization/free speech violation committed against marijuana march participants. Click here for more...
MY FIGHT FOR JUSTICE.
I INVITE YOU ALL TO CHECK OUT MYSPACE AND GET TO KNOW ME A LITTLE BETTER! I am going to be sentenced to Federal prison in just 3 short weeks and my fight for my freedom is at an all time high! I have been through hell and am trying to get a re-trial based on the fact that my Federal Defender hid evidence in my trial as well as a huge conflict of interest!
Marijuana Activists Brutalized by Moscow Police During Annual Demonstration
Eugene Kazachenko distributed the following disconcerting report from Moscow yesterday: Dear sisters and brothers! My name is Eugene Kazachenko. I'm from Moscow, Russia. Today, some hours ago my friends from Marijuana march were arrested. They tried to stretch the banner with calling to legalize marijuana. The goal of this march was legalization marijuana for medical use. Now there are about 20 people arrested. The police was very cruel with marijuana activists. With fear for life of our brothers and sisters my friends and I are receiving periodical news of Radio station Ekcho Moskvy ("The Echo of Moscow"). This is the only free radio channel, which real informs of social and political life in Russia. It informs that Police has placed people by faces on the ground. Police has dragged girls upon the ground and has beaten young men. Policemen have banged young men by their faces about parked cars. In the police department some young activist was beaten so cruel that this has caused coming an ambulance. The representatives of The Federal service of drug control have accused all delaying activists in biased attitude to narcotics. Without any reason they have accused participants of Marijuana March in propaganda of narcotics. At the police department some policemen are trying to plant the drugs to activists. However attorney was not passed to his clients for legal defense. On entrance with the sub-machine-gun in hands the policeman did not let to attorney to come into the door of the police department. Marijuana March was organized by Cannabis Legalization League. At this moment all of delaying marijuana activists are in Presnentsky administrative (misdemeanor) court of Moscow (phone number of this court: +7 495 254-53-59). They are accusing for undertaking unsanctioned meetings. This position of government disagrees with 31 articles of The Constitutions of Russian Federation and Public International law. Though many religious confessions concern with a rehabilitation and spiritual counseling for drug abusers, however they never call any attention in regard to the realistic position of medical cannabis. Regrettably Christians and other religious circles of Russia do not raise a voice in rights protection of drugs consumers from unjustified state repression. Because of unchangeable and increased repressive policy of Russia in attitude to consumers of drugs the religious figures are positioning itself apart of to questions of government drugs policy. Hypocritically the majority of them tacitly agrees with official drug policy or on the pattern of flattering politicians they loudly convicts all people, which voice opinion for legalization hemp as a medicine. With respect, Eugene Kazachenko MDiv of Moscow Theological Seminary
Atlanta Police Nearly Killed 80-Year-Old Woman Two Months Before Killing Kathryn Johnston
It has now been reported that a mere two months before killing 92-year-old Kathryn Johnston, Atlanta police conducted a very dangerous, similar raid on the home of 80-year-old Frances Thompson. The supposed drug dealer, named "Hollywood," didn't live there. (Read more about it on Radley Balko's The Agitator blog, the most continuous source of information on the problem of SWAT teams/paramilitarization of policing.) You'd think the Atlanta police would learn from one experience and take the steps needed to avoid making the same mistake. Then again, you'd think police nationally would learn when people wind up dying in these raids. But they keep doing it over and over and over...
Coordinated Drug War Raids as Taxpayer-Funded Lobbying
Peter Guither at the Drug WarRant blog has pointed out what he calls a "blatant and pathetic effort" by the State of Kentucky to secure drug war funding from Congress: State police, local law enforcement, sheriff's offices, HIDTA and multi-jurisdictional drug task forces throughout the nation collectively conducted undercover investigations, search warrants, consent searches, marijuana eradication efforts, drug interdiction and arrest warrants for a period of one week. This collective effort, Operation Byrne Drugs II, was conducted from April 23-29 to highlight the need and effectiveness of the Byrne grant funding and the impact cuts to this funding could have on local and statewide drug enforcement. Actually it is the media efforts that seem to be coordinated, in addition to the drug enforcement. I noticed a suspiciously similar press release distributed by the California Dept. of Justice last July about a suspiciously similar incident: BNE task forces, comprised of state, local and federal law enforcement agencies, throughout the state served 16 search warrants, seized three firearms, confiscated 53 pounds of methamphetamine, 91 pounds of marijuana, and 37,747 marijuana plants. State drug enforcement agencies across the U.S. on July 27, 2006 participated in a "national day of drug enforcement." Organized by the National Alliance of State Drug Enforcement Agencies, "Operation Byrne Drugs" promoted the continued funding of the Byrne Justice Assistance Grant program that supports local and statewide drug enforcement. The federally funded program has suffered deep cuts over the last few years, directly affecting BNE. In fiscal year 2001-02, BNE received more than $11.5 million for personnel and operating costs. In fiscal year 2006-07, BNE received less than $6 million, nearly a 50% decline over five years. your tax dollars at work to get more of your tax dollars Now I run an advocacy group, and I can tell you with confidence that this is exactly what groups who want to achieve a legislative objective will do -- organize media-worthy events in order to get the attention of the policymakers you need to influence, in this case Congress. The main differences between what we do and what the narcs are doing are that: 1) They are using taxpayer funds to carry out their media/lobbying campaign to secure taxpayer funds; and 2) They are using the authority the government has given them to wield state power including guns in order to arrest and incarcerate people, as a component of their media-lobbying campaign. We will generally just hold a press conference or a rally, or issue a report. I suspect that in strict legal terms they have not violated the law. But make no mistake -- this is lobbying of Congress by state agencies to get our money, and they are destroying numerous lives in order to do it. I don't agree with drug enforcement at all (as readers know), but even for those who do, clearly enforcement decisions about when and whom to raid should be based on law enforcement/public safety needs, NOT politics. Unfortunately, it is not only drug money that corrupts our law enforcement; it is drug war money too.
I used to be Dignified
I used to be a very dignified person. I studied art history, aesthetics and literature in college. I graduated 3rd in my class and was awarded almost every award available to me at the time. I raised a wonderful daughter who is a classical musician. My husband and I decided to re-start our family when our daughter was 16 because we had the resources to provide a nurturing and loving environment to our children. I've been a stay-at-home mom now for 9 years and I homeschool my 5 youngest children using a modified classical curriculum.
Narcing for Fun and Profit
According to the DEA, people absolutely love working for the DEA (links added for irony): DEA significantly exceeded ratings of other Government agencies in many measures of âPerformance Culture,â including: ⢠employees feel personally empowered; ⢠creativity and innovation are rewarded along with providing high-quality products and services;⢠promotions are based on merit;⢠performance appraisals are a fair reflection of performance;⢠poor performers are dealt with; and⢠complaints and grievances are fairly resolved.Heck I might enjoy working there too if I weren't so knowledgeable about drug policy. But it comes as no surprise that these folks enjoy waging war on their fellow citizens with no performance measures or accountability. In 34 years DEA has exhausted untold sums at our expense while failing to make a dent in America's drug problem.â¦But at least they're having a really great time.
Meth Makes You Do Stupid Things
They arrested 49 Indian store clerks for unknowingly selling household items that could be used to make meth.They inadvertently taught children how to make meth as part of a meth education class about why you shouldn't do exactly that. Several states have created databases of meth offenders. So if you're trying not to buy meth, you'll know exactly who not to call.They've built a "meth gun," which isnât nearly as cool as it sounds.They declared National Meth Awareness Day, so we can celebrate not doing meth. The planning was so intensive that the Attorney General forgot why he fired 9 U.S. Attorneys. And just last month, they arrested a guy for possessing too much cold medicine because he could have used it to make meth, even though he didn't.But, spectacularly absurd as they may be, these things really do not compare to this. From today's Des Moines Register:Sen. Chuck Grassley, R-Ia., said today that the illegal and highly addictive drug is being colored, flavored and packaged in ways to make it appealing to younger users.He and Sen. Dianne Feinstein, D-Calif., introduced a bill that would increase the penalties for those found to have manufactured, created or distributed an illegal drug that is flavored, colored or packaged to make it more appealing to people under 21.Hopefully, the legislation will state specifically that the meth must be "packaged to make it more appealing to people under 21" thereby burdening prosecutors and judges with the arduous task of figuring out what the hell that means. Better yet, perhaps this proposal will collapse under the weight of its own stupidity. But I'm not holding my breath.If you need some background on why candy-flavored meth isn't worth getting all tweaked out about, I've discussed it here. Most notably, it's worth considering that the more candy you've got in your meth, the less meth you actually have. So Congress is basically attempting to encourage dealers to sell a stronger product. Maybe there should also be higher penalties for selling the more potent and addictive candy-free meth. No wait, forget I said that.
Racial Profiling: Another DOJ Cover-up?
A new report from the Justice Department's Bureau of Justice Statistics (BJS) shows that black and Hispanic drivers are significantly more likely to be searched, arrested and subjected to the use of force than whites.It was initially encouraging to see the DOJ release this year's report without any shenanigans considering what happened last time:The Justice Department intervened, insisting that BJS not publicize that nasty part about minority drivers being more likely to be searched, arrested, handcuffed, beaten, maced, or bitten by dogs.A conflict emerged in the course of which BJS Director Lawrence A. Greenfeld was removed from his post. His attempt to provide the media with an unbiased summary of his agencyâs findings was apparently too much for his superiors at the DOJ. Ultimately, no press release was sent out, and the study was unceremoniously posted in the bowels of the BJS website.Perhaps it's a sign of progress and lessons learned that DOJ declined to bury this year's equally shocking findings. After all, covering up racial profiling is one way â however shameful and undignified â of admitting that it exists.Yet, upon closer inspection, we find that this year's BJS report omits the single most important piece of information contained in the previous report: hit-rate data showing whether minorities were more likely to be hiding contraband.Likelihood of search finding criminal evidence Searches of black drivers or their vehicles were less likely to find criminal evidence (3.3%) than searches of white drivers (14.5%), and somewhat less likely than searches of Hispanic drivers (13%). This revealing fact fundamentally undermines the sole premise from which police agencies and others have sought to defend ongoing racial disparities such as those revealed this week. Consider the following hypothetical (but really quite typical) debate with a racial profiling apologist:RPA: There's no such thing as racial profiling. Cops don't even know the race of the driver until after they've made the stop.Me: Who gets pulled over is only one part of the equation. The data show that minority drivers are more likely to be searched, arrested, and subjected to the use of force after being stoppedâ¦RPA: Well, if that's true it's because those people committed more crimes.Me: Actually, the data show that searches of white people are more likely to produce evidence of a crime.RPA: Wow, you must have gotten straight A's at the Al Sharpton Academy of Social Science. Me: This data comes from the Department of Justice.RPA: Hang on, I'm getting a call. Oh yeah, gotta take this. Good talk.DOJ was able to provide a racial breakdown of hit-rates in its previous report (the one it buried) thus the omission of such information from this week's report is highly conspicuous. And of course, DOJ's previous attempts to cover up racial profiling data attest to the agency's lack of candor and credibility on this issue. The larger question then is why the Department of Justice seeks to downplay racial profiling in the first place. BJS reports primarily reflect the behavior of local law-enforcement agencies, not the feds. The only real embarrassment here for DOJ is its ongoing failure to provide adequate monitoring of police practices at the state level. An activist such as myself may be keenly aware of DOJ's abdication of this responsibility, but I suspect that most people are not.In any case, we'd be hard pressed to generate any further controversy surrounding cover-ups at the Department of Justice this season. Instead, let's do our best to make sure everyone knows how to handle police encounters. No matter how thorough, a traffic stop report from the federal Bureau of Justice Statistics won't save your ass on the New Jersey turnpike anyway.
How the War on Drugs Waged War on Me
Thank you for providing a website that allowed me to see that I'm not bad or crazy. I have suffered for years from lower and middle back pain after a car accident at the age of 16. Later that year, I was badly beaten by an ex-boyfriend, which exacerbated my spinal pain (I don't always tell my doctors that though, until I trust them anyway). I also have been diagnosed with degenerative disk disease and arthritis in my wrists, fingers, ankles and spine. A few months ago I was told that I was suspected of having MS as well. I haven't been able to afford the expensive tests, but I seem to have many of the symptoms. One of the biggest problems (other than the pain) is that I will occasionally become dizzy and fall on my face for no apparent reason -usually after stepping over an object on the floor.
Sonoma County and the Future of Marijuana
Last weekend, I drove into California on US 101, the Redwood Highway, blowing past Crescent City and the Pelican Bay supermax prison as I headed south toward Sonoma County, where I will be residing for the next couple of months. The area's world-famous vineyards and wineries began appearing just south of Ukiah, and by the time I actually crossed the Sonoma County line, the vines were everywhere. When I got to my hotel in Santa Rosa, I was met with a complimentary bottle of Sonoma County wine and handed a hardcover book listing all the vineyards in the region. They offer tours and tastings, there are wine festivals and myriad events. Wine is big business in Sonoma; it is part of the local culture, and it is a celebration of the good things in life. So, why am I going on about the wineries of Sonoma County? Because this is what the marijuana industry should be like. Both wine and weed are "soft" drugs around which has grown a connoisseur culture. Both are eminently social drugs, to be shared and celebrated with friends and family. While both can be abused, neither is associated with the serious problems around hard-core alcoholism or hard drug use. Northern California's wine industry is an open, above ground, and vital part of the regional economy. It drives tourism to the area. Northern California's marijuana industry is hidden, underground, and a vital part of the regional economy. It, too, drives tourism to the area, but to a much lesser degree. If pot were to move out from the shadowsâif we were to move to a system of regulation instead of prohibitionâand we started treating marijuana growing with the respect we give wine-making, I can foresee a Northern California Marijuana Country that would parallel the wine country experience. Imagine taking off on a tour of the pot farms of Mendocino or Humboldt counties (or even Sonoma County, for that matter): You drive off the highway and through beautiful countryside, past fields of marijuana plants glistening in the sun, and through the gates of the local boutique grower's estate. The skunky odor of maturing buds fills the air. In the tasting room, workers display the estate's best, while visitors taste and contrast the varieties. (In wine tastings, the tasters spit out the wine after tasting it to avoid over-intoxication. Will pot smokers merely roll the smoke around their mouths without inhaling for similar reasons?) Marijuana is already a key part of the Northern California culture and economy. Embracing and developing the marijuana economy is only a matter of time. And the wine country model is a good and entirely appropriate path.
What Do Cops Think About the Atlanta Indictments?
What do police officers have to say about the indictment of three Atlanta police officers -- two of whom have now pled guilty -- in the murder of Kathryn Johnston? Well, not much.Officer.com has a thread on this topic, which consists primarily of debate over the facts of the case. There are a few factually incorrect statements, and several corrections, but what you won't find is any substantive discussion of the systemic drug war corruption that made this tragedy inevitable.The only exception is this comment from the ubiquitous Howard Wooldridge of LEAP:The 'facts' will probably always remain murky. I blame the Drug War for the entire incident and grandma was simply more collateral damage. This is far f/ the first oops which caused death and won't be the last. Until we become as wise as our grandparents and end this New Prohibition, our profession will continue to suffer, as does the community we protect. Someone tell me one advantage, one good outcome of this policy after we have spent a trillion taxpayer dollars and arrested some 36 million people...Hiway HowieSadly, no one even responds to Howard. It is really quite disappointing to find that one of the most shocking revelations of police misconduct in recent years provokes such shallow discussion from law-enforcement officers. Until police take interest in the numerous lessons to be learned from such tragedies, the list will just continue to grow.
Analysis of Hurwitz Verdicts Online...
... 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.
Partial Crack Cocaine Sentencing Reform Approved by Sentencing Commission
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.
My story
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.