We've been so busy reporting on civil liberties and politics this week, we missed this press release, on the DEA's website:

"DEA To Launch "Operation X-Out" New Club And Predatory Drug Initiative Enforcement Effort and Public Education Keys to Success"

"On Thursday, November 21st, DEA Administrator Asa Hutchinson will announce "Operation X-Out," a national club and predatory drug initiative at a news conference followed by a town-hall meeting in San Diego, CA. The initiative is designed to engage the public on the dangers of these drugs, as well as increase enforcement operations on what has become a critical national and international drug problem."

"The explosive use of Ecstasy and predatory drugs among our youth is fast reaching epidemic levels. Unscrupulous dealers and promoters are marketing Ecstasy, Rohypnol, GHB, Ketamine and other lesser known drugs to individuals who, all too often, do not truly understand their potentially devastating effects," Hutchinson said. "Not only is the DEA targeting these traffickers, we're also reaching out to communities in an unprecedented way to get them involved."

The National Association for the Reform of Marijuana Laws, also known as NORML, reiterates its stance against driving while impaired by pot but Questions Feds' Proposed Crackdown On "Drugged Driving."

"This plan advocated by the Drug Czar would result in the unfair arrest of tens of thousands of unimpaired motorists each year," NORML Head Warns"

"While driving under the influence of pot is never acceptable, neither is it sound public policy to treat sober drivers as if they are impaired simply because inactive marijuana metabolites may be detectable in their blood or urine, said Keith Stroup, Executive Director of The National Organization for the Reform of Marijuana Laws (NORML). Stroup's remarks were in response to this week's launch of a new federal campaign to prosecute drivers who test positive for any presence of marijuana, including inactive metabolites that can remain present in the body for days or even weeks after past pot use."

By the way, if you are a criminal defense lawyer or wannabe, NORML is having its annual continual legal education program Dec 5 to 7 in Key West at the Pier House. Go here for details.

We'll be there speaking on the topic "Everybody's Listening: Changes and Updates to Electronic Surveillance After the USA Patriot Act."

The U.S. Bureau of Justice Statistics has put online a new compilation on homicide trends in the United States . You can view them here.

You will find a series of charts that describe homicide patterns and trends in the United States since 1976. All charts, tables and other information have been updated with the 2000 Supplementary Homicide Reports and Law Enforcement Officers Killed and Assaulted data.

(Thanks to Dan Dodson, Media Director of the National Association of Criminal Defense Lawyers for notifying us of the link)

U.S. to Target Drugged Drivers

"Expanding beyond efforts to improve highway safety by cracking down on drunken driving, federal officials said Tuesday they will target motorists who drive under the influence of illegal drugs."

"The campaign includes a series of public service announcements to warn motorists of the dangers of taking drugs and then driving, and a program to train police officers to identify motorists who drive under the influence of drugs."

Looks like it might be time to get a TIVO to block out commercials. If Ashcroft gets any busier on the drug front, we may not even have time to blog.

A new Czech study finds that marijuana use may ease Parkinson's Disease symptoms:

"Nearly half of Parkinson's disease patients who have tried marijuana say the drug helped relieve their symptoms, according to a survey of patients with the degenerative neurological disorder. Dr. Evzin Ruzicka, an attending neurologist at Charles University in Prague in the Czech Republic, reported the findings here at the Movement Disorders Society's Seventh International Congress of Parkinson's Disease and Movement Disorders. Ruzicka is also a consultant at the Prague Movement Disorders Center. "

"Daily marijuana users reported more improvement in their dyskinesias than those using it less often. The investigators speculated that the effect of cannabis on Parkinson's disease symptoms may be due to interaction among cannabis, certain brain receptors that respond to cannabis and endogenous cannabinoids or cannabis-like substances within the body."

Nameless Juries Are on the Rise in Crime Cases according to the New York Times.

Prosecutors and the courts favor the practice, claiming it protects jurors from reprisals and from being hounded by the media.

Defense lawyers and civil libertarians oppose it, arguing it erodes the presumption of innocence and makes juries less accountable.

At first, anonymous juries were used in high profile trials like those of the Branch Davidians, the cops in the Rodney King and Abner Louima cases, Oliver North, John Gotti and other mob cases and the 1993 World Trade Center bombings.

Now they are being used in more routine cases. Most courts uphold the practice. But as a federal appeals court in Atlanta noted, "An anonymous jury raises the specter that the defendant is a dangerous person from whom jurors must be protected, thereby implicating the defendant's constitutional right to a presumption of innocence."

Fordham Law School Professor Abraham Abramovsky says "The right place to draw the line is that unless you have reasonable grounds to show the court that tampering has happened in the particular case or that the defendant has a rich history of tampering, there should never be an anonymous jury."

The media dislikes the practice because "it makes it harder to question jurors about how and why they arrived at their decisions."

Once again we see how federal sentencing decisions lie not in the hand of judges, where they belong, but to prosecutors under the federal sentencing guidelines. Prime example, in today's news: The U.S. Attorney in Boston is seeking much longer drug, gun sentences:

"The U.S. attorney in Boston has ordered federal prosecutors to seek longer prison terms for people convicted of drug and gun offenses. Under U.S. Attorney Michael Sullivan's policy of requiring prosecutors to seek sentence enhancements, a convicted drug dealer's 10-year sentence could double if he has a prior drug conviction in state court. "

''This is a kind of sea change in the practice of this office,'' Sullivan said in Sunday's Boston Globe. ''I think it's important that we use the tools that allow for the most significant punishment.''

"The move bucks a national trend against lengthy sentences, which critics say too harshly punish indigent, non-violent defendants. According to the U.S. Sentencing Commission, the lengths of federal drug sentences have dropped more than 20 percent in the past decade. "

"Before Sullivan announced the change internally earlier this year, federal prosecutors in Massachusetts used their discretion when seeking sentencing enhancements that increase the mandatory minimum sentences for drug dealers with previous felony drug convictions. Now, prosecutors are required to use the enhancements in every applicable case."

We expect more of this coming from Ashcroft. As chief law enforcement officer of the courntry, and the Department of Justice, which oversees the U.S. Attorneys office, he can implement his poorly conceived, ill-advised plans however he wishes--particularly now that the Congress will be Republican and hardly apt to hold him in check.

Already in Colorado, according to our sources (and recent clients' charges) pot growing cases of under 100 plants are now being brought in federal court. The Assistant US Attorneys are not happy about having to prosecute these small cases, but we've been told (and not from an AUSA) that this is happening at Ashcroft's insistence.

Why does Ashcroft always go in reverse when the rest of the world is going forward? Our prediction: this is just the shape of things to come.

A new article in the Nov/Dec issue of Mother Jones titled Lie Detector Roulette takes on the question of why, if polygraphs are unreliable, government employees are subjected to them?

The article highlights the hypocrisy of government officials over their use:

"Some of those who have promoted polygraphs in the past have changed their tune when faced with the prospect of taking a lie detector test themselves. In August, several members of the House and Senate intelligence committees refused to submit to polygraphs as part of an FBI investigation of who leaked classified information regarding the September 11 attacks. "I don't know who among us would take a lie detector test," says Senator Richard Shelby (R-Ala.). "They're not even admissible in court." Shelby's reticence was an about-face from his stance two years ago, when he spearheaded the expansion of the Department of Energy's polygraph program as the only effective way of tracking down moles."

"Whether the government will continue to have faith in the polygraph depends largely on an upcoming report from the National Academy of Sciences, which is intended to be the definitive evaluation of the test's validity as a screening tool. If the academy echoes other studies that have found polygraphs unreliable, it could lead to a scaling back of lie detectors."

We'll be interested in the report as well. As far as we're concerned, polygraphs are as reliable as voodoo. Their primary usefulness to law enforcement occurs during the pre-test interview process in which they convince people to confess before taking the test. The F.B.I. is famous for this.

From the sponsors of the website Stop Prisoner Rape:

"The FBI just released its report on crime statistics, but it left out something important: All male victims are excluded from its numbers on rape. Why? Because the FBI’s classifications for crimes were developed in 1929 and have never been updated to reflect the reality that many men are victims of rape, especially in prison."

"Stop Prisoner Rape, a Los Angeles-based nonprofit human rights group, is calling on the FBI to reform this blatantly sexist approach to dealing with male rape victims."

You can read their press release here.

From the Los Angeles Times Tuesday, Bratton Takes Reins at LAPD:

"Bratton, who was officially sworn in at a private City Hall ceremony Friday, donned his midnight blue uniform for the first time Monday for an outdoor celebration that included a police band, bagpipes, officers on horseback, a choir and a helicopter flyover. Gov. Gray Davis, Mayor James K. Hahn, hundreds of dignitaries, including former chiefs, rank-and-file officers and members of the public and media attended."

"Speaking without notes, Bratton repeated his promise to make Los Angeles the safest big city in America--the charge given to him by Hahn. He called on LAPD officers to fulfill the promise "on the side of each and every one of your black and whites ... that world-famous motto: 'To protect and serve.' "

"It is a very thin blue line--9,000 for a city this large," Bratton said. "I want to talk very bluntly to you. The citizens of this city need you back in those streets. They don't need you smiling and waving. They need you out of those cars, on those corners, in those parks taking back those streets."

For me, attending the ceremonies was a window into an entirely new and foreign world. I'm grateful I was invited to catch a glimpse of it.

The day began at 9:00 am at the LA Police Academy with a two hour breakfast reception. As expected, there were hundreds of men in blue. There was also live music, supplied by a police band and huge amounts of food. The atmosphere was very jovial.

The entire event was more like a coronation than a swearing in. Bill and his wife, Rikki Klieman, arrived around 9:15. The tv cameras were everyhere, as were the sound booms the audio guys run around with that look like giant dustmops.

I enjoyed meeting the Mayor, James Hahn and the early 60's singer Bobby Sherman who has been an LA police officer for the past 15 years. (Photo here.)

The swearing in ceremony began with a changing of the color guard by the police. On the dais were LA Mayor Hahn, California Governor Gray Davis, the entire LA Police Commission, the entire LA city council (except for one who couldn't make it), the former LAPD police chiefs and some other folks.

All were introduced and applauded. I was right up front, in the VIP section, along with criminal defense lawyer friends Mickey Sherman of Connecticut and Murray Richman of the Bronx. The three of us were there because we are friends of Rikki's and Bill's, not because we are enamored with police. And the three of us believe that if anyone can turn the LAPD around, it's Bill.

Governor Gray Davis spoke first, inviting Bill to come to him for funding and resources to fix the beleagured police department. Mayor Hahn was next, and then came Rick Caruso, the head of the Police Commission, who pinned the badge on Bill.

A word about Caruso. I had assumed the police commission would be composed of cops, and that Caruso, as its head, would be a high-up cop. Totally wrong, as I found out by sitting next to Caruso's brother-in-law during the ceremony. The police commission in LA, which is the group that makes the recommendation of three finalists for Chief to the Mayor, is a citizen's group, one composed of very influential and politically minded citizens. Rick Caruso's real occupation is that of real estate developer and magnate. He is a very articulate speaker. And as I'll discuss later, when we get to the party, he is an incredibly gracious host.

The only disconcerting moment of the ceremony was when former police chief Daryl Gates, who I disliked intensely as police chief, was introduced. The cops clapped louder for him than for anyone else on the dais. If I hadn't known before, I certainly realized then that Bill faces some large obstacles in his new job.

Caruso introduced Bill. Bill is a great public speaker and one who doesn't use notes. Bill gave LA such a buildup that I was almost sorry I didn't live there to take pride in it. After the praise for LA, Bill said the cops would have to stop driving around in their cars waving and smiling at people and get back into the streets, interacting with the public and making arrests where warranted. He said the police have to learn to work with the community. He said the department can't succeed at fighting crime unless there is a partnership between the police and and the community. He said they would go into the streets and take them back from the gangs and that he would make sure the officers were safe by providing them with a lot more training.

That is a big issue in LA--the gangs. None of the LA residents I spoke to believe the gangs can be taken out. They say the gangs are too powerful and their members too willing to risk their own lives.

Bill thinks he can take down the gangs. He is going to start by going after graffiti artists. I certainly have some civil liberty concerns about this "broken windows" method of policing, but am willing to give Bill the benefit of the doubt because I know he strongly believes in constitutional rights. Maybe he can accomplish a reduction in crime and a dismantling of the gangs fairly without a wholesale violation of civil rights. I hope so.

After Bill's speech, the bagpipes played and the procession started off the field. It was a gorgeous, sunny day in LA which contributed to my overall feeling that the ceremony had been uplifting and a much needed shot in the arm for LA.

I could sense the crowd's support for Bill. It was fun seeing Rikki, such an independent career woman and a former tough criminal defense attorney, up there on the dais in the role of supportive wife. She was loving every minute of it.

If you want to read about the evening party, here's more:

The final FBI 2001 crime statistics are now out, you can read them here.

A cautionary note: These are reported crimes, and most, but not all, jurisdictions are included. The "victimization" survey from the U.S. Bureau of Justice Statistics includes estimates of the many crimes not reported to authorities.

Also of note in the report are the statistics on marijuana arrests. From a press release today by NORML:

Marijuana Arrests For Year 2001 Second Highest Ever Despite Feds' War On
Terror, FBI Report Reveals

Washington, DC: Police arrested an estimated 723,627 persons for marijuana violations in 2001, according to the Federal Bureau of Investigation's annual Uniform Crime Report, released today. The total is the second highest ever recorded by the FBI, and comprises nearly half of all drug arrests in the United States.

"These numbers belie the myth that police do not target and arrest minor marijuana offenders," said Keith Stroup, Executive Director of the National Organization for the Reform of Marijuana Laws (NORML). "In fact, the war on drugs is largely a war on pot smokers. This effort is a tremendous waste of criminal justice resources that should be dedicated toward combating serious and violent crime, including the war on terrorism."

Of those charged with marijuana violations, 88.6 percent - some 641,108 Americans - were charged with possession only. The remaining 82,518
individuals were charged with "sale/manufacture," a category that includes all cultivation offenses - even those where the marijuana was being grown for personal or medical use.

The total number of marijuana arrests far exceeds the total number of arrests for all violent crimes combined, including murder, manslaughter, forcible rape, robbery and aggravated assault.

YEAR MARIJUANA ARRESTS
2001 723,627
2000 734,498
1999 704,812
1998 682,885
1997 695,200
1996 641,642
1995 588,963
1994 499,122
1993 380,689
1992 342,314

It's official. William Bratton is the Police Chief of Los Angeles. According to the Los Angeles Times, he comes in swinging:

"There's an enormous amount that can be done here, an enormous amount that needs to be done," Bratton said. Among his concerns: "The organizational chart currently makes no sense ....[It] looks like it was put together by three blind men.... The department is not strategically engaged in fighting crime.... We have 9,000 officers smiling and waving as they drive around in their cars." He said he expects to make "extraordinarily sweeping" changes."

Mayor James Hahn "said he supports the new chief's commitment to overhauling the Police Department and will let him make the changes he believes are necessary. "I have complete confidence in Bill Bratton," the mayor said."

A public swearing-in ceremony for Bratton, called the Changing of the Guard, will take place at 11 a.m. Monday on the training field at the Los Angeles Police Academy in Elysian Park.

We'll be there. And at the reception Monday evening. We're a little nervous about being around so many men in blue. Encountering even one or two anywhere besides a jail or courtroom is enough to rattle us, and the swearing in and reception will be filled with hundreds if not thousands. But we're going anyway.

[If you haven't been following our coverage of the LA Police Chief selection process, here's why: Bratton's wife, Court TV anchor and former criminal defense attorney Rikki Klieman, is our good pal and we like Bill.]

We'll report all noteworthy details here.