Home / Crime Policy
Here's an example of anti-terrorism and Patriot Act-style powers spreading to non-terrorist crimes: Prosecutors in North Carolina have used the state's "weapons of mass destruction" statute to charge a suspected crystal meth lab owner. Monkey Media Report has the details, including this quote from the District Attorney:
"Not only is the drug methamphetamine in itself a threat to both society and those using it, but the toxic compounds and deadly gases created as side products are also real threats. I feel that, as a prosecutor, I have to address this. Something has to be done to protect society." Another North Carolina district attorney already is following suit.
This is nothing but a desperate attempt by frustrated law enforcement officials to fit a square peg in a round hole. No one supports meth labs, but if the North Carolina drug laws aren't sufficiently punitive for prosecutors and cops, they should take it to the legislature and pass a stricter law, rather than stretching an existing law past its common meaning and intended use.
The law defines nuclear, biological or chemical weapons of mass destruction as, in part, 'any substance that is designed or has the capability to cause death or serious injury and ... is or contains toxic or poisonous chemicals or their immediate precursors.'
'It seems to me to be a real stretch of the imagination, that this would be covered under the antiterrorism law,' said Wallace Harrelson, the public defender in Guilford County. 'It seems to me that the antiterrorism law was designed with a specific purpose in mind, to prosecute people who are threatening to hurt the safety of the general public.'
Harrelson and others also said that they doubted whether a judge would allow prosecution under the law for drug-related activity that does not terrorize the public.
While we have no knowledge of the composition of the North Carolina legislature, we found this excuse for the legislature's failure to act pretty unbelievable:
'I've probably got eight or 10 bills before the legislature,' Keith said. 'It is extremely difficult, with all the defense attorneys in the General Assembly, to get tougher bills passed when they also have to vote on prisons.' (emphasis supplied.)
If criminal defense attorneys had that much clout in North Carolina, surely there wouldn't be a prison overcrowding problem.
Instapundit responds to our response to his MSNBC column with advice for the Democrats in which he suggested Democrats could gain younger voters by lowering the legal drinking age. We agreed, and suggested another means of garnering votes would be for the Democrats to move to restore voting rights to felons in states that have disenfranchised them. He picks up where we left off:
I have an elaboration on that: don't have so many felonies. The justification for depriving felons of civil rights, like voting or owning guns, was originally that felonies were such serious crimes that the felon's life was ordinarily forfeit anyway. But now felonies are designated very promiscuously -- downloading files from the Internet? Filling in a pothole in your driveway that turns out to be a "wetland?"
Those things shouldn't be felonies. To my mind, imposing civil rights deprivations for such minor, mala prohibita matters is a due process violation. Adopt that approach, and you don't have to worry about felons being deprived of voting rights unless they're murderers, robbers, rapists, etc. You know: real criminals.
We agree with Glenn completely about reducing the number of felonies. It's a great idea and one that would solve a lot of problems in the justice system. But, we still think, whatever the crime, if they've done the time, they should get their right to vote back. And a very large portion of them would vote Democratic.
Westword has a very interesting article about the abuses resulting from the Air Force Academy's Honor Code. If you're short on time, journalist Dave Cullen of Conclusive Evidence provides this summary.
The quasi-governmental, anti-drug group CADCA is shilling for the military and seeking more funding for so-called anti-drug programs performed by the National Guard (principally domestic marijuana eradication).
In the effort to reduce drug supply, National Guard personnel are engaged every day in support of federal, state, and local law enforcement agencies. Their specialized training, equipment, and community focus make them a potent ally in the domestic Counterdrug effort.
Activist tip: You can take their information and create and send a 'STOP funding the ineffective and wasteful' National Guard program letter to your elected reprepresentatives and select committee members. The name of the program is the "National Guard Counterdrug Governor’s State Plans Program." [received from NORML]
In conjunction with a show on the Central Park Jogger case, American Justice has an online poll on taping of interrogations. It is awkwardly worded ( in fact there is more reason to tape if a lawyer is NOT present), and there hasn't been a huge response, but 90% of respondents are in favor of taping. Please go there and add your voice.
The videotaping of interrogations recently became law in Illinois. Today's New York Times has this article about it.
Are you interested in receiving a grant to conduct objective marijuana-related research?
The grants program administered by the Marijuana Policy Project (MPP) is seeking proposals for up to $60,000 for objective, publishable, scientifically rigorous research on marijuana and marijuana policy. The next grant application deadline is September 1. Details here.
It's time for an update on LA Police Chief William Bratton. The LA Times reports that the LAPD is trying a softer touch in its approach to gang violence in South Central LA. While not everyone in the community agrees, we continue to give Bratton high marks:
Chastened by a history of aggressive tactics that backfired, Los Angeles police are trying a softer, more sophisticated approach in their latest efforts to crack down on gang-related street violence. They are being more careful about whom they go after, they say, and more mindful of how they are perceived.
As Police Chief William J. Bratton rolls out new programs designed to suppress violence in time for the summer's hottest months, he says people should notice a change....
With respect to some recent raids,
Rather than saturate neighborhoods with police to intimidate gangs — tactics that once earned the LAPD a reputation for indiscriminate harassment and the moniker of an occupying army — officers tried to tread lightly this time.
They carried warrants — zeroing in on only a few individuals rather than conducting mass sweeps — and tried to show more consideration for law-abiding residents. They tried to do more explaining and display more courtesy.
The new way, Chief Bratton said, is for anti-gang tactics to be more focused. "We are not going to repeat the mistakes of the past and line up every black and Latino kid against a wall just because they are dressed like a gang member," he said.
We got back this afternoon and are making our way through a few hundred plus emails. Courtesy of one reader, we see that Bushcroft is seeking permission from the Supreme Court to punish physicians for recommending pot to their sick patients.
The administration would revoke the federal prescription licenses of doctors who tell their patients marijuana would help them, a prerequisite for obtaining the drug under the state's voter-approved medical marijuana law.
Justice Department lawyers this week asked the high court to take up the issue in its next term, which begins in October. The department is appealing a ruling by an appellate court in San Francisco that said the proposed penalties would violate the freedom of speech of both doctors and patients.
If the justices agree to review the case, it would be their first look at medical marijuana since May 2001, when they upheld the federal government's authority to close down a pot dispensary in Oakland and others in the state.
The Justice Department's Supreme Court appeal argues that a physician 's "recommendation" under California law is the equivalent of a prescription for illegal drugs, an action the government can forbid without violating free speech. Department lawyers said the federal policy would not penalize a doctor for merely discussing marijuana with a patient -- as long as the doctor makes it clear that the drug is illegal under federal law, that federal authorities consider it dangerous and medically useless, and that the doctor is not recommending it.
Arthur over at Light of Reason has some harsh words for the Administration on this:
(397 words in story) There's More :: Permalink :: Comments
Canada will become the first country in the world to sell pot to the medically ill.
Ottawa announced in July 2001 that some patients would be able to use marijuana provided by the government. But plans to grow official pot hit a series of snags, prompting a court in Ontario to give Ottawa until July 10 to come up with a solution.
The 582 sufferers granted dispensation from criminal laws to use the drug will be able to buy dried marijuana for C$5 ($3.70) a gram (0.04 oz) -- about half the current black market rate -- or a pack of 30 seeds for $20 so they can grow their own plants.
"Although this interim policy can be amended or suspended at any time, it is anticipated that it will remain in effect until ... (Ottawa's) roles and responsibilities with respect to a supply of marijuana for medical purposes have been clarified by the courts," the health ministry said in a statement.
Turns out cocaine and coca leaves have been getting a bum rap. A Peru firm, National Coca Co., exports coca leaves and says if the U.S. allows Coca Cola to use the leaf, it should allow it for other uses.
ENACO, as [the company] is known for its Spanish acronym, is the Peruvian government's official buyer and merchandiser of coca leaves and one of only two companies in the world to produce refined cocaine for medical uses.
We have used coca in this country for 4,000 years. It is not a drug, but because of the negative image associated with one product it is considered evil,'' [General Manager] Hinostroza said in a recent interview. ``We are ready to export and have our products already in English for the U.S. market. We just have to get this prohibition lifted.''
What's good about coca?
Peasant farmers in the high Andes traditionally chew coca as a nutritional supplement and energy booster and use it in religious and fortune-telling rituals. Besides cocaine, which is one of 14 alkaloids in the leaf, coca has a long list of vitamins and minerals. Medically, cocaine is used as an anaesthetic in eye surgery.
Who can get some?
Cocaine, coca leaves and teas are all available for sale on ENACO's website. But there are strict controls on the cocaine, which ENACO sells for $1,000 a pound but which would bring about $50,000 on the illegal market. ''Purchase of cocaine has to be approved by drug-enforcement agencies in the importing country. We are very careful with the lab and with the exports,'' Hinostroza said.
A New Jersey multinational company, Stepan Co., also produces cocaine --from coca leaves it purchases from ENACO. Stepan has a special license from the U.S. Drug Enforcement Administration allowing it to import coca leaves. The company says it uses the leaves to make cocaine for ocular surgery. ENCAO says it does more, and wants a piece of the action.
[comments now closed]
(541 words in story) There's More :: Permalink :: Comments
Passing this along to anyone's who is interested:
Peace Mile Parade to End the War on Drugs:
The 34th Annual Rally, Parade and Concert to End Marijuana Prohibition will be held Friday July 4th, 2003 in Washington DC.
The rally is from Noon - 3:00pm at Farragut Square, (17th and Connecticut Ave. NW between the Farragut West and Farragut North Metro stops)
Concert 2:00pm - 9:00pm (23rd & Constitution Ave. NW)
In related news, the Marijuana Policy Project has grant money available. The purpose of the grant program is,
To support, with grants up to $60,000, efforts that foster measurable changes in U.S. public policy that will lead to marijuana's being regulated similarly to alcohol and to marijuana's availability for medical use. The grants program does not fund political parties or candidates for office, state ballot initiatives, or hemp-related projects.
Applications must be in by September 1, details are here.
"Informants are often key in federal cases --but beware. 'You hold on to a source the way you hold on to a snake,' one FBI agent says."
The LA Times examines what happens when sources go bad.
<< Previous 12 | Next 12 >> |