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Sasha Abramsky makes the case for allowing ex-felons to vote in A Growing Gap in American Democracy.
"Felony disenfranchisement, coupled with very high incarceration rates, has become a major challenge to our democratic values. In a self-confident democracy, such laws simply have no place. "
Yes, we agree.
Thanks to Jason Rylander for leading us to Natural Causes by Richard Just in the July 24 issue of American Prospect. The article thoughtfully examines the impact the Supreme Court's recent rulings may have on the death penalty in the future--it does not predict a moratorium or aboliton, but stresses the reactive rather than proactive role the Supreme Court is likely to play.
Just concludes that the real place to wage the abolition war is in the state legislatures and with the public, where it may die a natural death.
A 19-year-old man was repeatedly raped at the Jefferson County Jail after deputies placed him in a cell with a sex offender who had attacked another inmate hours earlier.
What was the 19 year old in for? He was arrested for failing to complete alcohol classes ordered as part of his driving under the influence plea. It was his first time in jail. He wasn't there serving a sentence or for having committed a crime.
How about the inmate who allegedly raped him?
He was convicted of sexually assaulting another inmate at Mount View Detention Center when he was 13. He has a long record of arrests for theft, robbery, fraud and drug charges, and was sentenced to five years in prison for attempted aggravated robbery in a 2000 Denver case. He had just been convicted by a jury of aggravated robbery the day of the assaults on this kid.
The negligent guards, what's happened to them? "Two deputies were disciplined as a result and documentation procedures put in place to prevent similar problems in the future. "
We hope this kid wins a zillion dollars in his lawsuit. But still, so what, do you think he'll ever get over it as long as he lives?
According to the July 19 San Antonio Business Journal, the DEA is importing heroin and other controlled substances from overseas to use in reverse stings and other undercover operations here. They are actually transporting the stuff on commercial airliners.
The practice has been brought to light by Yale Law School professor, Steven B. Duke, who is attempting to prove the innocence of a client convicted of conspiracy to distribute heroin.
Duke alleges that the DEA engages in the practice to ensnare distributors for major drug syndicates and also as a cover for their own illegal drug operations.
The DEA doesn't necessarily tell the commerical airliners of the drug shipment on board. This raises security concerns, and according to Duke, a "controlled delivery" gone awry may have played a role in the destruction of at least one commercial airliner (Pan Am 103) which was blown up in mid-air, resulting in the loss of hundreds of lives.
The article says that the DEA confirms that such a practice, called "controlled delivery," is not uncommon and that the commercial airlines being used to transport the drugs are not necessarily informed that the shipments are occurring.
Thanks to NORML for bringing this to our attention.
The Denver Post earns high praise today. Three opinion pieces explore our ever-increasing lust for vengence over rational and just crime policy.
In One Size Fits All Justice Doesn't Work Peter Chronis of the Post's Editorial Board and former long time crime reporter examines the evolution of murder statutes through interviews with judges, prosecutors and defense attorneys.
Mandatory Madness Grips Our System by Denver Post Deputy Editorial Board Editor Bob Ewegen takes on mandatory minimum sentences. "As Pete Chronis' thoughtful article on this page makes clear, Colorado lawmakers have painted themselves into a corner where a single sentence - life without possibility of - is applied to a bafflingly wide variety of criminal offenses."
Ewegen quotes Eric Sterling, president of the Criminal Justice Policy Foundation, a private non-profit educational organization promoting solutions to criminal justice problems, in a Frontline show on the topic, "There have been literally thousands of instances of injustice where minor co-conspirators in cases, the lowest-level participants, have been given the sentences that Congress intended for the highest kingpins. Families are wrecked, children are orphaned, the taxpayers are paying a fortune for excessive punishment."
Ewegen discusses the Lisl Auman case, one that our sister site CrimeLynx has been featuring for some time, and concludes, "The U.S. Congress and the Colorado legislature both need to replace the runaway system of mandatory minimum sentences with laws that once again give trial judges the discretion they need to make the punishment fit the crime."
Last but not least, in an editorial Bring Back Justice the Post opines: "Those who champion iron-fisted laws might consider that more than seven decades of autocratic rule failed utterly to eliminate crime in the former Soviet Union. Somewhere along the way, Americans seem to have forgotten that laws exist to foster justice - not to satisfy the blood lust of victims' kin."
Former NY Police Commissioner Bill Bratton has joined the race for chief of LA's Police Force. We like Bratton a lot. Unlike Guluiani, he knows how to reduce crime without violating civil and constitutional rights. He did an unbelievable job when he had the job in Boston.
We would rather have seen him as Mayor of New York City, but that was not to be this past election.
If you want to know more about him and his theories on policing, look for his book on Amazon. We'll get it here over the weekend...
The National Coalition to Abolish the Death Penalty yesterday released a report entitled "Drug Companies and Their Role in Aiding Executions" and called upon the nation's manufacturers and distributors of lethal injection drugs to take steps to prevent their drugs from being used in executions conducted via lethal injection.
The report has two immediate goals: to convince pharmaceutical companies to speak out against the use of their drugs in executions and to take steps to prevent their products from falling into the hands of prison officials who oversee executions.
The report traces the history and present use of lethal injection drugs in executions, reports on what can go wrong during the lethal injection process and lists the companies that produce lethal injection drugs, their corporate officers and their contact information.
Already, one leading manufacturer, Abbott Laboratories, Inc., which manufactures sodium thiopental, has issued a statement requesting "that this product not be used in capital punishment procedures."
The seven publicly-held companies targeted by NCADP include Abbott Laboratories, Inc., based in Abbott Park, Ill.; American Pharmaceutical Partners, Inc., based in Los Angeles; AmerisourceBergen, based in Chesterbrook, Pa.; Baxter International Inc, based in Deerfield, Ill.; Cardinal Health, based in Dublin, Ohio; Wyeth Pharmaceuticals, based in St. Davids, Penn; and Gensia Sicor Pharmaceuticals, Inc., based in Irvine, Ca.
Mike Krause of the Independence Institute wrote a column today "Just Say No to National ID Cards.
The bill before Congress is HR 4633, the ìDriverís License Modernization Act of 2002," now sitting in the House Subcommittee on Environment, Technology and Standards. You can look it up on Thomas, the Federal Legislation Server. Under the bill, "The DMV would be changed from an agency which licenses qualified drivers, to one which validates our existence and holds centralized control over anything requiring identity verification."
We like it when we can agree with a right-leaning organization --and on privacy issues we often do. Like Michael says,"We still donít need no stinkiní National ID card."
Gerard Gravano, son of Sammy Gravano (mob turncoat turned ecstasy dealer,) got a downward departure from the sentencing judge of almost two years. The reason: he was going to have to spend the time in solitary confinement which meant harder time. We like the departure and hope other judges can be so convinced.
How is the younger Gravano spending his time in prison? Writing a cookbook with his grandmother.
The new pilot program announced by the New York City Police sounds like an ominous "big brother" tactic to us. The cynical would say that since it is being applied to prisoners, who cares? Others, like us, would point out that many bad policies are applied to the lowest among us for starters, and once having gained acceptance, then are applied to the rest of us.
Upon being arrested, prisoners will be given a bracelet about an inch wide, containing a picture of the suspect, a case number, a basic description of the charges and a bar code. In the future, the police say, the bracelet may include a global positioning chip to track fugitives like a stolen car. (From the AP, Available on Lexis)
Surpisingly, the ACLU doesn't have a problem with the bracelet, so long as the information contained within it is destroyed after the case is dismissed or sealed. Its way too Orwellian for our taste.
Donde Esta la Justicia?
A Call to Action on Behalf of Latino and Latina Youth in the U.S Justice System
Received from Building Blocks for Youth:
On behalf of the Youth Law Center and the Building Blocks for Youth initiative, we are writing to make you aware of a new report,"Donde Est· la Justicia? A Call to Action on Behalf of Latino and Latina Youth in the U.S Justice System" that we will be releasing next week on July 18th.
This report reveals that Latino and Latina youth are over-represented in the U.S. justice system, and receive harsher treatment than White youth for the same types of offenses, while there is a lack of adequate data nationwide which masks the severity of the problem. The report was commissioned by the Building Blocks for Youth initiative and prepared by Francisco Villarruel and Nancy Walker of Michigan State University's Institute for Children, Youth, and Families.
The key findings show that:
- Latino and Latina youth are significantly over-represented in the U.S. justice system and receive harsher treatment than White youth, even when charged with the same types of offenses;
- Current means for collecting and accessing data are inadequate, resulting in under-counting and inaccuracies in reporting disproportionate representation and disparate treatment of Latino and Latina youth in the U.S. justice system;
- The system does not provide uniform definitions for the terms Latino and Hispanic;
- The system fails to separate ethnicity from race;
- The system fails to provide adequate bilingual services to Latino and Latina youth;
- The system fails to ensure cultural competency of staff working with Latino and Latina youth;
- Consideration of the immigration status of Latino and Latina youth results in incarceration, deportation, and permanent separation from families;
- Anti-gang laws result in harsh and unfair consequences for Latino and Latina youth.
The executive summary, full report, recommendations for action, press release, and fact sheets will be available on the Building Blocks for Youth initiative website on July 18th .
Lots of marijuana news today.
First, Nevada voters will be voting on legalizing marijuana use for everyone (not just medicinal use) in November. Until last year, Nevada had the strictest use law in the country--even smoking a joint was a felony (now it's a misdemeanor if less than an ounce.)
75,000 signatures got the measure on the ballot. If the measure passes, "marijuana would be sold in state-licensed shops and taxed like cigarettes and other tobacco products. A distribution system would also be set up to provide low-cost pot for medical uses."
Elsewhere, Britain is set to decriminalize marijuana use. It is downgrading the drug to the same category as steroids and growth hormones and changing smoking it in private and possession of small amounts to a non-arrestable, non-jailable offense.
Finally, D.C. dwellers take note: We received news today from the Marijuana Policy Project that the required 39,000 signatures were delivered to the D.C. Government office, "virtually ensuring the placement of our medical marijuana initiative on the November 5 ballot in our nation's capital." For more on this and how you can help the measure succeed, or contribute.
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