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House Passes National Criminal Justice Commission Act

Location: 
Washington, DC
United States

The US House of Representatives unanimously passed a bill, HR 5143, Monday night that would create a national commission to study the US criminal justice system and make recommendations for reform. Bulging prison populations, draconian drug war policies, and racial disparities in the criminal justice system will all be on the table for the commission.

http://stopthedrugwar.org/files/william_delahunt.jpg
Bill Delahunt, championed the Webb bill in the House of Representatives
The bill was sponsored by Rep. William Delahunt (D-MA) and passed under an expedited process that assumes unanimity if no members object. None did.

The bill is a companion bill to one sponsored by Sen. Jim Webb (D-VA), who in his first term in the Senate has convened a series of forums on the state of the criminal justice system. The Webb bill has passed the Senate Judiciary Committee and is likely to see a Senate floor vote this fall.

"It is a sign of how quickly the tide has turned against punitive criminal justice policies that this bill passed without opposition," said Bill Piper, director of national affairs for the Drug Policy Alliance. "Prisons are overflowing at great taxpayer expense, in large part because of the failed war on drugs, and members of Congress are finally saying enough is enough, we need ideas for reform."

"Today's vote shows Congress is aware that our nation's criminal justice system is in need of major repair," said Julie Stewart, director of Families Against Mandatory Minimums. "With 2.3 million people in its jails and prisons, the United States has the highest incarceration in the world. One of out of 31 Americans is under some sort of correctional supervision -- jail or prison, parole or probation. Brave though we may be, we are no longer the land of the free," continued Stewart.

"The House has spoken decisively. Now it is time for Senators to act," Piper said. "Sen. Webb's and Rep. Delahunt's bipartisan commission legislation needs to be passed quickly before the war on drugs and punitive criminal justice system bankrupt our country and destroy more lives."

"We know too much about crime and rehabilitation, and about what works and what doesn't work with regard to recidivism, to continue to mindlessly sentence minor offenders to long prison sentences and inflexible mandatory minimum penalties," said Stewart. "The moral bankruptcy of such policies is now being compounded by the fiscal bankruptcy it is visiting upon the state and federal governments. We applaud the House for taking this enormous step, and we look forward to seeing this bill through until it reaches the president's desk before the 111th Congress adjourns," Stewart concluded.

If passed by the Senate and approved by the president, the legislation will create a bipartisan, blue-ribbon commission to conduct a top-to-bottom review of the entire criminal justice system and offer concrete recommendations for reform within 18 months. Like its House counterpart, the Webb bill has strong bipartisan support. Among its 37 cosponsors are Senate Judiciary Committee Chairman Sen. Patrick Leahy (D-VT), Subcommittee on Crime and Drugs Chairman Sen. Arlen Specter (D-PA), ranking minority member Sen. Lindsay Graham (R-SC), and Judiciary Committee member Sen. Orrin Hatch (D-UT).

Congress Acts to Reduce Crack/Powder Cocaine Sentencing Disparity (FEATURE)

Location: 
Washington, DC
United States

The US House of Representatives Wednesday approved a bill, SB 1789, that addresses one of the most glaring injustices of the American drug war: the 100:1 disparity in sentencing between federal crack cocaine and federal powder cocaine offenders. The bill does not eliminate the disparity, but dramatically reduces it.

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Hill briefing by Crack the Disparity, spring 2009
A companion measure passed the Senate in March. The bill now goes to the White House for President Obama's signature, which is expected shortly. The White House supported the bill.

Under federal drug laws enacted during the height of the crack hysteria of the mid-1980s, a person caught with five grams of crack cocaine faced the same mandatory minimum five-year sentence as someone caught with 500 grams of powder cocaine. And though blacks constitute only about 30% of all crack users, they accounted for more than 80% of all federal crack cocaine prosecutions.

The bill approved by Congress reduces that 100:1 ratio to 18:1. It also removes the mandatory minimum sentence for possession of five grams or less of crack, marking the first time Congress has repealed a mandatory minimum since Richard Nixon was president, although not the first time a law involving mandatory minimums has been scaled back. To the dismay of advocates, the bill is not retroactive.

Under the bill, it will take 28 grams of crack to garner a mandatory minimum five-year prison sentence and 280 grams to trigger a 10-year prison sentence. It will still take 500 grams of powder cocaine to trigger the five-year mandatory minimum. Estimates are that, once enacted, the law could affect about 3,000 cases a year, reducing sentences by an average of two years. The shorter sentences should save about $42 million in prison costs over five years.

Criminal Justice Policy Foundation head Eric Sterling has been working to reform the law for nearly two decades -- since just a few years after he helped write it as House Judiciary Committee counsel at the time. The change didn't come nearly fast enough, he said. "I'm very personally relieved," Sterling said. "My role in these tragic injustices has pained me for decades. You realize that probably hundreds of thousands of men and women went to prison for unjustly long sentences that I helped write. It's not something I've ever forgotten."

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scales of justice tilt slightly closer to sanity
He didn't think it was going to happen. "I have become so cynical," he said. "I really doubted the leadership was going to bring it to the floor, and I doubted that the Republicans were going to support it. Even though it had passed the Senate, I didn't think the House Republicans were going to go along. But I was pleasantly surprised that people like Reps. James Sensenbrenner (R-WI) and Dan Lundgren (R-CA) spoke in favor of it, and that the House majority leader went to the floor to speak in favor of it. My cynicism was completely unwarranted here, so I'm very relieved and satisfied."

"Members of both parties deserve enormous credit for moving beyond the politics of fear and simply doing the right thing," said Julie Stewart, founder and president of Families Against Mandatory Minimums (FAMM). "For those of us who have been pushing for reform for nearly 20 years, today's vote is phenomenal. To see members of Congress come together on such a historically partisan issue like this during an election year is heartening. The 100:1 disparity was an ugly stain on the criminal justice system," Stewart continued. "Nobody will mourn its passing -- least of all, the thousands of individuals and families FAMM has worked with over the past 20 years that have been directly impacted. I am hopeful that the forces of reason and compassion that carried the day today will prevail again soon to apply the new law retroactively to help those already in prison for crack cocaine offenses," Stewart concluded.

"This is a historic day, with House Republicans and Democrats in agreement that US drug laws are too harsh and must be reformed," said Jasmine Tyler, deputy director of national affairs for the Drug Policy Alliance. "The tide is clearly turning against the failed war on drugs. I'm overjoyed that thousands of people, mostly African American, will no longer be unjustly subjected to the harsh sentencing laws enacted in the 1980s," Tyler said. "The compromise is not perfect and more needs to be done, but this is a huge step forward in reforming our country's overly harsh and wasteful drug laws."

"Well, I guess there's 80% less racism, but there's still a big problem, though," said Nora Callahan, director of the November Coalition, a drug reform group that concentrates on federal drug war prisoners. "This is a fix on the back end, but as the US Sentencing Commission noted, sentencing really begins when the police start investigating. That whole drug war system of cops and snitches and prosecutors is still in place."

"Substantively, this is not a major policy change," agreed Sterling, "But symbolically, it's very important. I wouldn't have thought this would have made it to the House floor, and I wouldn't have thought this would pass by two-thirds on a recorded vote."

"This is progress, but it's not retroactive, so all the people who worked so hard to pass this bill don't get any reward," said Callahan. "When you leave out the principle of extending justice to all, it's really tough. How do you tell people sorry, we left you out of it?"

Making the law retroactive will be the next battle, but it won't be the only one. "In concrete terms, the next step will be to try to get retroactivity," said Sterling. "The other side of it is to push the president to start commuting sentences."

Congress Reduces Crack/Powder Cocaine Sentencing Disparity

More big drug policy news from Congress in this last week before the recess: The House has at long last passed legislation, already adopted by the Senate, which will reduce crack cocaine sentences

Location: 
Washington, DC
United States

Call Congress Today to Tell Them to Vote YES for Crack Cocaine Sentencing Reform

Please Support S. 1789, the Fair Sentencing Act of 2010

Call Your Representative Today

 

Dear Colleagues,

 

Early next week, the House of Representatives may vote on legislation, recently passed unanimously by the Senate, to reduce the 100-to-1 sentencing disparity between crack and powder cocaine to 18-to-1. The Fair Sentencing Act of 2010, S. 1789, also would eliminate the mandatory minimum for simple possession of crack cocaine (5 years for 5 grams without intent to distribute). The U.S. Sentencing Commission estimates the changes could reduce the average crack cocaine sentence by nearly 30 months and reduce the federal prison population by 3,800 over 10 years.

NACDL has been working hard with a diverse group of allies to pass this legislation, but we need your help now. Please call your representative today to ask them to vote yes for the Fair Sentencing Act.   If you have never called your Member of Congress before, it's quick and easy. Now is the time to make your voice heard.

Please Take Action by clicking the link and/or entering your zip code to contact your U.S. House of Representatives. Suggested talking points are provided once you follow the instructions and links.

 

Thank you for taking a few moments to help pass this long overdue, historic legislation.

 

Kyle O'Dowd

Associate Executive Director for Policy 

Anti-Prohibitionist Candidates Challenge New York Status Quo (FEATURE)

An unlikely pair of anti-prohibitionist insurgents are running statewide campaigns in New York designed to challenge the political status quo. Randy Credico, a comedian turned activist turned senatorial candidate, is challenging incumbent Charles Schumer for the Democratic Party senatorial nomination, while hedge fund manager turned madam turned convict Kristin Davis is running for governor on the Anti-Prohibition party ticket.

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Randy Credico
Credico is familiar to the activist community as a relentless organizer against the Rockefeller drug laws from his post at the William Moses Kunstler Fund for Racial Justice, while Davis's notoriety comes from her prosecution and four-month imprisonment as a "Manhattan Madam" who procured prostitutes for deposed former Gov. Eliot Spitzer. Both are proving adept at milking the media for all it's worth in a bid to bring their anti-prohibitionist messages to the public eye.

By all accounts, neither has a chance of winning outright. In the latest Siena Poll of New York politics, Credico was pulling 11% against Schumer, up from 9% last fall, but still hardly a close race. Davis has not figured in any polls, but is running as a third party candidate in a year when Democrat Andrew Cuomo appears to be a shoo-in in November.

Still, both are committed to doing all they can to bolster their campaigns and get the spotlight focused on their issues. Last week, the Credico campaign handed in signatures in a bid to qualify for the Democratic primary, while the Davis campaign is in the midst of a signature drive of its own.

"I'm exhausted, I just spent 38 days on the petitioning drive," said Credico on the way back from Albany after handing in signatures. "I'm sick. I have some bronchial problem. If Paterson signs the medical marijuana bill, I might be able to get some relief. We have enough signatures to get on the ballot. Now we have to wait to see if Schumer challenges us," Credico said.

That may be unnecessary, given that the state Democratic Party chair Jay Jacobs told the New York Daily News Sunday that Credico and his allies had not turned in enough signatures to make the party ballot. But whether he makes the Democratic ballot or not, Credico will be in the race. He is also on the ticket for both the Libertarian Party and Davis's Anti-Prohibitionist Party.

"Randy submitted 7,000 signatures himself, and one running mate submitted 6,500, and the third guy was supposed to submit 9,000, but only handed in 500," said Roger Stone, a Republican political operative who is friends with Credico and is advising Davis. "The next morning, the Democratic state committee was peddling the story that Randy had fallen short. I think the third guy was working with Chuck Schumer in a Nixon-style dirty tricks operation. Why does Chuck Schumer fear competition? Why deny people a vote?"

Stone might know a thing or two about political tricksters. He has a long history of political shenanigans, most notably a role in the infamous "Brooks Brothers riots" in Florida in the disputed 2000 presidential election, where mobs of angry Republicans rushed election offices as officials scrutinized chads. He denies any involvement in that.

"I'm a libertarian Republican, not a religious right or Moral Majority Republican," Stone said. "I'm pro-freedom, I favor gay marriage and the legalization of marijuana, casino gambling, and prostitution. The only way to get the pimps and drugs out of it is to regulate it. It's a $10 billion industry -- let's legalize it and run out the mob, the pimps, the guys who exploit women, let's empower women."

He is also critical of New York's drug laws. "The Rockefeller laws were racist," Stone said bluntly. "If you were a rich white kid, you could get a break. I think there's a difference between cocaine and marijuana, and I'm not for the legalization of heroin, but until someone can convince me marijuana is more dangerous than alcohol, I say legalize it. It's a harmless herb that grows from the earth, and the idea it's a gateway drug is horseshit. New York has millions of marijuana users and they didn't all turn into heroin addicts."

Whatever Stone's motives, he is pushing both anti-prohibitionist campaigns and played a key role in getting Davis into the governor's race. "I met Roger Stone on a Sirius radio show, and afterward, I approached him about lobbying for the legalization of prostitution," said Davis, whose blonde bombshell looks belie a keen intellect. "That was right after a woman who had worked for me was killed by the Craig's List killer in Boston. I feel very strongly she would still be alive if prostitution were legal. If one of his earlier victims had felt comfortable calling the police, he might have been caught before he killed," she said.

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Kristin Davis
"My platform is pro-freedom," said Davis, adding that some of her issues are getting more play than others. "We've sort of moved into being most vocal on marijuana and gay marriage," she said. "These are the two issues that resonate most with people. New York is broke, deeply in debt, so we're looking at marijuana not so much as a social issue, but as an economic one."

Davis acknowledged that actually winning the governorship was unlikely, to say the least, but said her campaign was more about getting the issues addressed and getting enough votes to get the Anti-Prohibitionist Party official status in New York. "People say you can't expect to win, but that depends on your definition of winning," she said. "Andrew Cuomo has approval ratings over 60% and $23 million in campaign funds, but voting for me sends a clear message to the career politicians that these issues need to be heard. If we can get 50,000 votes for the party, then we're officially recognized and can lobby for our issues. Every single vote matters. Every vote for me shows the career politicians that New Yorkers care about these issues, that they want legal marijuana."

The anti-prohibitionist tag team has been doing some joint appearances, Davis said. "Randy is on my Anti-Prohibitionist Party petition as the Senate nominee. We just did an event over the weekend. It was a signature drive kickoff slash birthday party for me," she said. "There were maybe 300 people there."

Davis's notoriety has both helped and hindered her campaign, the former madam said. "It's a double-edged sword. Compared to sex, people by and large are not so interested in politics," she explained. "Sex gets people interested, and I'm an interesting character, but on the other hand, the mainstream media has been skeptical. The Post and New York One have not covered the campaign at all. I hope that once we're on the ballot, and they see this isn't a hoax, they'll start taking us a little more seriously."

"She's been able to use the celebrity that came out of her brush with Eliot Spitzer to her advantage to continue to point out the inequities of the criminal justice system," Stone said. "She went to prison, and he went back to his town house."

If politics makes strange bedfellows, anti-drug war politics makes even stranger ones. Stone is a libertarian Republican, Davis describes herself as a libertarian, but Credico comes out of a left-leaning social justice perspective. They don't agree on everything. For instance, Credico has come out in favor of allowing a mosque to be built near the former World Trade Center site, while Davis opposes it. Similarly, Credico touts an anti-war, anti-interventionist foreign policy, while Davis doesn't touch those issues.

"In the end," said Stone, "Credico and Davis become running mates and are on the same side. The drug war is one of the issues that motivates them both."

Whether he makes the Democratic ballot or not, Credico isn't going away. "We're going to start a war of attrition against Schumer," the activist/comedian turned candidate vowed. "We'll be making inroads in the black, latino, lesbian and gay communities, we'll be making inroads with people upstate concerned about their mortgages and credit cards. "I know Schumer is not happy I'm in the race," said Credico. "I'm the last person he wants challenging him. I have a show biz background, I have charisma."

But he also has street cred dating back to his days agitating against the Rockefeller drug laws. "I worked with the families of prisoners, I worked with the African-American community. That's what helped get me over the top. Women whose kids were incarcerated came out and canvassed for me. Schumer has nothing to offer them," Credico said.

Credico compares and contrasts his career with Schumer's and finds the incumbent fares badly. "I ran a civil rights organization, and he conducted himself as someone opposed to civil rights, as manifested by his support of the Patriot Act, the drug war, ID cards, the wall on the border, and other repressive measures. He's anti-civil rights, not for constitutional or civil rights for most Americans."

The Schumer campaign did not respond to emailed requests for comment.

"I'm for civil rights, human rights, a clean environment, and pulling out of Iraq, Afghanistan, and Colombia," Credico elaborated. "Schumer was going to waltz right in there without having to talk about this, and New Yorkers deserve better. Why is he an avid supporter of the drug war? Why isn't he as progressive as [Republican senators] Sessions and Hatch on the crack/powder sentencing disparity?" the long-time activist asked.

"I'm for legalization of marijuana," Credico continued. "We should be able to grow marijuana here, without taxing it. Let's not give the government any more layers of power. Prohibition has to be abolished. We have to talk about this. The drug war is a Trojan horse to incarcerate people of color for social control."

The Republicans and Democrats in New York have shown little taste for challenging drug war orthodoxy, but insurgent candidates Credico and Davis are determined to hold their feet to the fire when it comes to justifying prohibitionist policies. Let the games begin!

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

A comic turned activist and a madam turned convict are throwing a splash of color into an otherwise lackluster New York state campaign season. And they're doing it with a consistent anti-prohibitionist message.

Time is Running Out! Tell Congress to Vote Yes on Crack Reform

Announcement

Sentencing Project
 

Tell Congress To Vote Yes for Crack Cocaine Sentencing Reform


This week, the House of Representatives may vote on legislation, recently passed by the Senate, to reduce the 100 to 1 sentencing disparity between crack and powder cocaine to 18 to 1. The Fair Sentencing Act of 2010, S. 1789, would also eliminate the simple possession mandatory minimum (5 years for 5 grams without intent to distribute), limit the excessive penalties served by people convicted of low-level crack cocaine offenses, and increase penalties for high-level traffickers. The U.S. Sentencing Commission estimates the changes could reduce the federal prison population by 3,800 over 10 years.

Champions for sentencing fairness are urged to contact their representative in the House today to ask them to vote yes for the Fair Sentencing Act. Call the U.S. Capitol Switch Board at 202-224-3121 and ask for your representative. They will patch you through to the correct office.

Once you reach your representative, tell them you support the Fair Sentencing Act of 2010, S. 1789 because:

•    The current 100 to 1 cocaine sentencing disparity is unfair. The five-year penalty for possessing as little as five grams of crack cocaine is the same for selling 500 grams of powder cocaine. The law imposes excessive prison sentences for low-level crack cocaine offenses that often exceed penalties for offenses involving powder cocaine trafficking.
•    The current 100 to 1 cocaine sentencing disparity exacerbates racial disparity in federal prisons. Over 80% of those serving time for a crack cocaine offense are African American, despite the fact that two-thirds of users are white or Hispanic.
•    The Fair Sentencing Act, S. 1789, is an historic opportunity to advance justice and restore faith in the criminal justice system. A broad consensus among criminal justice experts, law enforcement organizations, and policymakers has emerged that concludes the current 100 to 1 disparity cannot be justified. Organizations endorsing reform include: the NAACP; Leadership Conference on Civil and Human Rights; American Bar Association, American Civil Liberties Union; the National District Attorneys Association; and the Federal Law Enforcement Officers Association.
•    The Fair Sentencing Act will also save taxpayers money. Replacing the irrational 100:1 ratio with a new 18:1 ratio will save $42 million over five years, according to Congressional Budget Office.

When you have completed your call to your representative, please email kgotsch@sentencingproject.org and say how it went.  Also, please consider forwarding this email to a friend.

Thank you for joining the effort to reduce the crack cocaine sentencing disparity.

 

The Sentencing Project is located at 1705 DeSales Street, NW 8th Floor, Washington, DC 20036.  Send an email to The Sentencing Project.

The Sentencing Project is a national, non-profit organization engaged in research and advocacy for criminal justice reform.

 

Location: 
Washington, DC
United States

Capitol Hill Hearing -- Quitting Hard Habits: Efforts to Expand and Improve Alternatives to Incarceration for Drug-Involved Offenders

The Domestic Policy Subcommittee of the House of Representative's Committee on Oversight and Government Reform is holding this hearing to focus on front-end alternatives to incarceration for drug-invo
Date: 
Thu, 07/22/2010 - 2:00pm - 5:00pm
Location: 
Independence Avenue and South Capitol Street
Washington, DC 20003
United States

Press Release: Hearing to Assess Alternatives to Incarceration For Drug-Involved Offenders

For Immediate Release Contact: Nathan White, (202) 225-5871 Oversight Hearing to Assess Alternatives to Incarceration For Drug-Involved Offenders Washington D.C. – Chairman Dennis Kucinich (D-OH) today announced a Domestic Policy Subcommittee hearing entitled “Quitting Hard Habits: Efforts to Expand and Improve Alternatives to Incarceration for Drug-Involved Offenders.” The hearing will be held at 2:00 p.m. on Thursday, July 22, 2010 in room 2154 Rayburn House Office Building. The purpose of the hearing is to focus on front-end alternatives to incarceration for drug-involved offenders and abusers of illegal drugs. It will examine the extent to which and why (or why not) these efforts have been effective in reducing the levels and associated harms of incarceration, reducing recidivism, effectively treating drug abuse, and improving other social outcomes and which approaches (or mix approaches) are best suited to accomplishing these goals. This hearing is held as part of the Domestic Policy Subcommittee’s mandate as the authorizing committee for the Office of National Drug Control Policy in the House of Representatives. http://oversight.house.gov/index.php?option=com_jcalpro&Itemid=1&extmode... ###
Location: 
Washington, DC
United States

Huff Post: UN Drug Policy in the Dark Ages

I'm on Huffington Post again tonight, with a post chastising the UN (and western governments generally) for: 1) continuing the ludicrous coca runaround in South America's Andean region for another year; and 2) turning a blind eye year after year to the indirect support that western funds and cooperation gives to the death penalty for nonviolent drug offenses, mostly in Asia and the Middle East. Check it out here -- comments welcome in either location. If you haven't already, check out our Chronicle articles on these two topics here and here.

The Sentencing Project Releases Annual Report

Special Message

July 1, 2010

 

Dear Friends,

This past year saw the United States take important steps toward a criminal justice system that is fair and equitable in its sentencing laws and practices, and that uses incarceration only as a last resort in ensuring public safety.

It's a big vision, but one that is coming into view. Every day. In substantive, measurable ways. See how in The Sentencing Project's new 2009 Annual Report

Whether the issue was crack cocaine sentencing reform, ending the practice of sentencing juveniles to prison for the rest of their lives, helping policymakers understand the unsustainable social and economic costs of imprisoning over 2 million Americans, or capturing media attention for analyzing how current policies create difficulties for people returning home from prison, The Sentencing Project was at the forefront of change.

We know we did not achieve these victories on our own. But we feel confident that our special contributions to each of these issues were, and will continue to be, uniquely important.

We also recognize that The Sentencing Project's success is possible only with the commitment of people like you. After you have looked through our 2009 Annual Report, we hope you will make a donation to changing the way Americans think about crime and punishment.

If this will be your first contribution to The Sentencing Project, a generous donor has promised to match the full amount. And if you have given in the past, every dollar you give above the amount of your most recent contribution will be matched as well.






Marc Mauer
Executive Director

 

Send an email to The Sentencing Project. » CONTACT

The Sentencing Project
1705 DeSales Street, NW, 8th Floor, Washington, DC 20036, 202.628.0871

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The Sentencing Project is a national organization working for a fair and effective criminal justice system by promoting reforms in sentencing law and practice, and alternatives to incarceration.

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