Incarceration

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Web Scan: WOLA on Mexico Drug Wars, Sentencing Project and Others Report to UN Human Rights Committee, CURE on Prisons in OAS

"State of Siege: Drug-Related Violence and Corruption in Mexico," Laurie Freeman of WOLA on "Unintended Consequences of the War on Drugs"

Sentencing Project Statement to UN Human Rights Committee on Felony Disenfranchisement Violations of Article 25

Criminal Justice Section of Shadow Report on US compliance with the International Covenant on Civil and Political Rights, from Sentencing Project, Criminal Justice Policy Foundation Open Society Policy Center and Penal Reform International

Evaluation of Prisons in the Organization of American States, by the international branch of Citizens United for the Rehabilitation of Errants

Sentencing: Justice Kennedy Lashes Out at Harsh Prison Terms

US Supreme Court Justice Anthony Kennedy told a gathering of judges in Southern California Sunday US sentencing practices were harsh and troubling. US sentences are eight times longer than those in Europe, Kennedy said, adding that the public needed to be aware of the length of sentences in the US.

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Justice Kennedy
"If an 18-year-old is growing marijuana for a friend, that's distribution," said Kennedy in remarks reported by the Orange County Register. "If he has his father's .22 rifle, that's a firearm. That will get 15 years. Did you know what 15 years was when you were 18? I didn't when I was 18."

Kennedy, a Sacramento native who was recently designated Supreme Court justice for the 9th US Circuit Court of Appeals, also criticized state sentencing practices. He noted pointedly that California alone has more than 200,000 people behind bars.

Kennedy also complained that the people at whom the harsh sentences are aimed are largely unaware of them until they fall into the hands of the criminal justice system. "If sentences are to be a deterrent, what is the good of them if nobody knows how long they are?" he said.

Sentencing: California Governor Signs Bill Amending Proposition 36, Is Immediately Sued

California Gov. Arnold Schwarzenegger (R) Wednesday signed into law a bill that substantially alters the state's voter-approved Prop 36, the state's "treatment not jail" law. One of the authors of the measure, which mandates treatment not jail for first- and second-time drug offenders, immediately filed suit to block the law from going into effect.

The bill, which was tacked onto a budget bill and passed last month, allows "flash incarceration" of up to five days for people who have failed to participate in treatment programs. Championed by law enforcement and drug court professionals, the new law stands in stark contrast with the initiative approved by the voters, who approved Prop 36's "no jail" provisions by a wide margin. Under California laws, substantive changes in voter-approved initiatives must be done by the voters, not the legislature.

Prop 36 coauthor Cliff Gardner filed his lawsuit Wednesday afternoon in Alameda County Superior Court. He is being represented by Drug Policy Alliance (DPA) attorney Daniel Abrahamson. "Rather than veto SB 1137, the Governor opted to engage in a legal battle over what he knows is an unconstitutional law," said Abrahamson in a statement. "We have filed a complaint in Alameda County Superior Court, and are confident that Prop 36 and the will of the people will be upheld."

But Lisa Fisher, a spokeswoman for the California Department of Alcohol and Drug Programs, told the Associated Press the state would enforce the law unless a judge orders it not to. "We think that the reforms are furthering the purposes of Proposition 36," she said. "The one thing we have learned over the years is that jail sanctions need to be part of a whole package of sanctions that an individual can expect."

Appeal/Book Offer: Race to Incarcerate, by Marc Mauer

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In "Race to Incarcerate," Marc Mauer, executive director of The Sentencing Project, explores the political, financial, and human toll of the "get tough" movement against crime and assesses why this policy has failed, making a compelling argument against the unprecedented rise in the use of imprisonment in the United States over the last 25 years. Race to Incarcerate also brings to light the devastating reality of disenfranchisement -- for example, 13 percent of African American men are ineligible to vote because of criminal convictions -- in ten states more than one in five black men are barred from voting because of their criminal records.

One of the main driving forces behind the US incarceration binge has been the "war on drugs." Please support DRCNet's efforts to "stop the drug war" by making a generous donation -- visit http://stopthedrugwar.org/donate/ to do so online -- donate $30 or more and you will be eligible receive a copy of Race to Incarcerate as our thanks. (Click here to read our review of Race to Incarcerate published in Drug War Chronicle last month.)

We also continue to offer the DVD video Law Enforcement Against Prohibition and the 5th edition of Drug War Facts -- add $5 to the minimum donation to add either of these to your request, or $10 to add both. Again, visit http://stopthedrugwar.org/donate/ to make your donation and place your order, or send a check or money order to: DRCNet, P.O. Box 18402, Washington, DC 20036. (Note that contributions to Drug Reform Coordination Network, which support our lobbying work, are not tax-deductible. Deductible contributions can be made to DRCNet Foundation, same address.) Lastly, please contact us for instructions if you wish to make a donation of stock.

Thank you for your support of these efforts.

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org: the Drug Reform Coordination Network
Washington, DC

book talk: Race to Incarcerate, by Marc Mauer

Washington, DC, "Race to Incarcerate," book talk with The Sentencing Project's Marc Mauer. At Politics & Prose bookstore, 5015 Connecticut Ave., NW, visit http://www.politics-prose.com for further information.
Date: 
Fri, 07/21/2006 - 8:00pm - 8:30pm
Location: 
5015 Connecticut Ave. NW
Washington, DC 20008
United States

Judge Blocks Law that Changes Treatment Initiative (California)

Location: 
United States
Publication/Source: 
Associated Press
URL: 
http://www.mercurynews.com/mld/mercurynews/news/breaking_news/15033430.htm

Drug Policy Group Sues Governor for Altering Proposition 36 (California)

Location: 
United States
Publication/Source: 
Associated Press
URL: 
http://www.mercurynews.com/mld/mercurynews/news/breaking_news/15024278.htm?template=contentModules/printstory.jsp

Don't Worry, Orrin Hatch Will Save You

When renowned R&B producer Dallas Austin was sentenced to 4 1/2 years in a Dubai prison for cocaine possession, he found an unlikely advocate in Republican Senator and Christian music composer Orrin Hatch, according to the New York Times:

The release of a music producer from a Dubai jail this week, quick on the heels of his conviction for drug possession, turns out to be a story of high-level string-pulling on the part of Mr. Hatch, the conservative Utah Republican and songwriter, along with Lionel Richie, the singer; Quincy Jones, the music entrepreneur; and an array of well-connected lawyers, businessmen and others, spanning cities and continents.

And it gets better:

A spokesman for Mr. Hatch said that the senator was a proponent of rehabilitation for drug offenders, and that he had worked to revise federal sentencing guidelines regarding cocaine, and, through legislation in 2005, had advocated treatment for nonviolent offenders and the easing of restrictions on medication to treat heroin addiction. In the statement Mr. Hatch said he was "confident that this talented young man will learn from this experience."

Sounds good to me, but Orrin Hatch? Didn’t he once advocate the death penalty for international drug trafficking, the exact crime of which Mr. Austin was accused?

Well…yes.

Clearly, he’s got some explaining to do, but let’s withhold our cries of hypocrisy for now and hope he’s seen the light. Afterall, we’ve got 500,000 non-violent drug offenders right here at home that could use some help from Utah Republican Orrin Hatch.

Location: 
Dubai
United Arab Emirates

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