Showing posts with label prison. Show all posts
Showing posts with label prison. Show all posts

Thursday, March 01, 2018

Liberty and Justice for All?

With more than two million people behind bars, the United States has the world's largest prison population, a 500% increase over the last 40 years.  Changes in law and policy, not changes in crime rates, explain most of this increase. In fact, crime rates have decreased. The U.S. also has the second-highest rate of incarceration and that doesn't include the more than six million, or almost 3% of the voting population, who are disenfranchised due to past convictions, “felony disenfranchisement.”    Nor does it include over 23 million widely stigmatized people, the "vast underground army of released felons — adult men and women convicted of serious criminal offenses for which they have been punished with prison time or probation, and who now form part of the general population.

Click image to enlarge


Links:

Prison Policy Initiative


The Sentencing Project


Lawsuit reveals how tech companies profit off the prison-industrial complex

The end of American prison visits: jails end face-to-face contact – and families suffer

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Monday, February 03, 2014

War on Drugs and The Prison Industrial Complex

“Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded."--Abraham Lincoln, U.S. President. 18 Dec. 1840

CCA houses over 80,000 inmates in
more than 60 facilities across the US.
In 1971, President Nixon declared an all out "War on Drugs" under the guise of benefiting the population by halting the trafficking in drugs in the United States, when, in fact, the motivations for starting this "war" were rooted in racism, greed, "empire building", and maintaining/gaining power and control. The proof is its success in meeting its true goals.  Because 42 years later, well over one million  non-violent offenders are incarcerated and   3,278 non-violent offenders are serving life without parole, not to mention, there are more drugs circulating than ever before. How is that proof?  Well, follow the money...and the drugs, legal and illegal.

The only people experiencing consequences from this "war" are the poor, not the ones who profit/benefit most from the drug trade: the banksters who launder the money and profit immensely!

Then  President Reagan’s Anti-Drug Abuse Act of 1986  fueled the prison boom, bringing in a lot more profit because it allowed privately owned corporations to build and operate prisons.  Today, it's a $50 billion industry, with prison quotas that push lawmakers to fill 90% of the beds! Not only that, the criminalization of Americans is profitable to these corporations because they equip them with essentially free labor...slave labor.

Corrections Corporation of America (CCA) and GEO Group [previously Wackenhut], the two largest private prison companies in this country, push for criminal justice legislation, including mandatory minimum sentences such as California’s three-strikes law “that increase the number of inmates who enter and stay in prison.” ITPI reported that CCA and GEO Group have also contributed to legislation like "Arizona Senate Bill 1070, requiring law enforcement to arrest anyone who cannot prove they entered the country legally when asked.”

Tulia Texas is a prime example. Undercover narcotics officer, Tom Coleman arrested 46 people - nearly all of them black - on charges of being cocaine dealers, sending many of them to prison for a total of 750 years. as part of a $500 million effort to fight the war on drugs in rural America

As the following documentary points out, one of the main achievments of the "War on Drugs" is "profiting from the felonization of sick people.



Links:

Prison Industry Enhancement Certification Program

The Hidden History of ALEC and Prison Labor

School to Prison Pipeline

Ill-Gotten Gains, The Rockefeller War on Drugs


Read more...

Wednesday, November 13, 2013

Over 20 Petty Crimes that Landed People in Jail For Life Without Parole

As of last year, according to the report A Living Death Sentence: Sentenced to Die Behind Bars For WHAT? released by the American Civil Liberties Union, more than 3,200 people were serving life in prison without parole for non-violent crimes. Of the 3,278 prisoners--mostly racial minorities--doing life for nonviolent crimes, 63% were sentenced by federal courts; the rest are in nine state prison systems. Most of these cases were sentenced under mandatory minimum guidelines, for which judges had no choice but to dole out a life without parole sentence. People got life without parole for things like:

  • Possessing a crack pipe
  • Possessing a bottle cap containing a trace amount of heroin (too minute to be weighed)
  • Having traces of cocaine in clothes pockets that were invisible to the naked eye but detected in lab tests
  • Having a single crack rock at home
  • Possessing 32 grams of marijuana (worth about $380 in California) with intent to distribute
  • Passing out several grams of LSD at a Grateful Dead show
  • Acting as a go-between in the sale of $10 worth of marijuana to an undercover cop
  • Selling a single crack rock
  • Verbally negotiating another man's sale of two small pieces of fake crack to an undercover cop
  • Attempting to cash a stolen check
  • Possessing stolen scrap metal (the offender was a junk dealer)—10 valves and one elbow pipe
  • Possessing stolen wrenches
  • Siphoning gasoline from a truck
  • Stealing tools from a shed and a welding machine from a front yard
  • Shoplifting three belts from a department store
  • Shoplifting several digital cameras
  • Shoplifting two jerseys from an athletic store
  • Taking a television, circular saw, and power converter from a vacant house
  • Breaking into a closed liquor store in the middle of the night
  • Making a drunken threat to a police officer while handcuffed in the back of a patrol car
  • Being a convicted felon in possession of a firearm
  • Taking an abusive stepfather's gun from their shared home
The data examined by the ACLU comes from the federal prison system and nine state penal systems that responded to open records requests. In other words, the true number of nonviolent offenders serving life without parole is much higher.
"For 3,278 people, it was nonviolent offenses like stealing a $159 jacket or serving as a middleman in the sale of $10 of marijuana. An estimated 65% of them are Black. Many of them were struggling with mental illness, drug dependency or financial desperation when they committed their crimes. None of them will ever come home to their parents and children. And taxpayers are spending billions to keep them behind bars.
At the very least, 3,728 will die in prison for nonviolent offenses, costing the US nearly $2 billion. The ACLU makes recommendations for reform. It calls on the states and federal government to eliminate laws that mandate or allow life without parole for nonviolent crimes, and strongly urges state governors, as well as the Obama administration, to commute such disproportionate punishments. "Life without parole sentences for nonviolent offenses defy common sense," it concludes, and "are grotesquely out of proportion to the conduct they seek to punish."


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Sunday, July 28, 2013

It's "Always Nigger Season" Even When the President is Black

Or I might add especially when the President is black. At least when 'W' did something horribly  racist and criminal, as he often did, there were loud voices protesting  in opposition. But when Obama does the same thing, it’s considered good leadership. President Obama received 95% of the black vote. In return, African Americans received a check that came back stamped: insufficient funds. He tells African Americans to stop whining and pull themselves up by their own bootstraps while his actions set these same people up to fail and keep them trapped by his support of legislation--specifically, in this case, by actively trying to maintain racially discriminatory prison sentences--that further empowers and emboldens the New Jim Crow Lulled to sleep by the rhetoric of color-blindness and the appearance of great racial progress, most of us are blind this new form, or should I say, formless invisible institutional racism.

In UNITED STATES OF AMERICA v. CORNELIUS DEMORRIS BLEWETT (12-5226) and JARREOUS JAMONE BLEWITT (12-5582),, "a crack cocaine case brought by two currently incarcerated defendants seeking retroactive relief from racially discriminatory mandatory minimum sentences imposed on them in 2005," President Obama quietly tried to enforce racially biased federal crack cocaine laws that have since been repealed" by the  2010 Fair Sentencing Act. The Obama administration asked a federal appeals court to make sure thousands of people--almost all of them poor and most of them black--remain locked in prison despite a total lack of justification.

Crack cocaine and powder cocaine are "pharmacologically identical," the only difference being who consumes these pharmacologically identical substances: crack cocaine, the drug of mostly poor black folk, and powder cocaine, the drug of wealthier white folk. To be sure, young African American males are the most disposable, yet at the same time, profitable--for the for-profit prison industry--demographic in this prison nation. Not only do the private prisons prosper, corporations can put these people to work for a few cents an hour, not to mention, these human-beings are excluded from poverty statistics and unemployment data thus masking the severity of issues more than they already are.

Although Black people make up only 34% of crack users, they are 85% of those convicted on crack charges. As early as 2011, 30,000 people were serving time for crack charges in federal prison, 85% of them Black.

“…persistent bias occurred with respect to the contemporary enforcement of drug laws where, in the 1990s and early 2000s, blacks constituted a minority of regular users of crack cocaine but more than 80 percent of crack defendants.” -- Harvard Professor William J. Stuntz
As legal scholar Michelle Alexander argues, "we have not ended racial caste in America; we have merely redesigned it." One such strategy is through targeting black men and women (often mothers) through the "War on Drugs," decimating communities of color.
“There are more African American adults under correctional  control today, in prison or jail, on probation or parole, than were enslaved in 1850, a decade before the Civil War began. As of 2004, more black men were disenfranchised than in 1870, the year the 15th amendment was ratified explicitly prohibiting laws that deny the right to vote on the basis or race....During the Jim Crow era, poll taxes and literacy tests, circumvented the 15th amendment and operated to deny African Americans the right to vote. A black child born today has less of a chance of being raised by both parents than a black child born during slavery. This is due in large part to the mass incarceration of black men....The mass incarceration of black men take them out of the dating pool at the years they would be most likely to commit to a partner, to a family.  But, what's worse is that by branding them criminals and felons at early ages, often before they're even old enough to vote, they're rendered permanently unemployable in the legal job market, virtually guaranteeing that most will cycle in and out of prison, sometimes, for the rest of their lives. 
[...]
Today, in many states, felon disenfranchisement laws accomplish what poll taxes and literacy tests ultimately could not. This does not effect some small segment of the African American community. To the contrary, in many large urban areas, more than half of working age African American men now have criminal records and thus subject to legalized discrimination for the rest of their lives. In some cities--Baltimore, Philadelphia, Chicago (80%), DC--the statistics are far worse." -- Michelle Anderson, highly acclaimed civil rights lawyer, advocate, and Associate Professor of Law at Ohio State
The incarceration rate has quintupled over the last 30 years, from a prison population of 300,000 in the early 1970s to well over 2 million! During this same period of time that the incarceration rates increased exponentially, crime rates have fluctuated, leading most sociologists and criminologists to admit that incarceration rates and crime rates have moved independently of one another.

So for now the grant of en banc review puts Blewett relief for Sixth Circuit prisoners on hold. Why?  Is  the Department of Justice afraid of re-hearing thousands of old cases?  If so, can't President Obama just commute all of the pre-Fair-Sentencing-Act minimums to their equivalent minimums under the new law? Or is the reason for en banc review far more nefarious?

Links:

How the mass incarceration of black men harms black women.


Race to Incarcerate: A Graphic Retelling by Sabrina Jones and Marc Mauer

Stop the Drug War

Read more...

Saturday, June 08, 2013

Lawless America: Justice Denied.

From the wrongfully convicted to outrageous sentences for victimless "crimes", to outright harassment by law enforcement, our prisons are overflowing with people denied justice. Unfortunately, corrupt judges and corrupt government officials are not the exception, they are the rule. In other words, this is not a case of a few bad apples, it's the result of not only an elitist and prohibitively expensive system of "justice" but also a for-profit incarceration system.

Let's face it. Law is only as good as our ability to enforce that law, and without a high-priced attorney, it's only the exceptional American who can find true justice without one. Even with a high-priced attorney, you are at his or her mercy, as we the people are not officers of the court, and therefore, lack subpoena power and knowledge of the inner-workings of the court.

Here are a few examples from Lawless America:

Tiarra Fain, from Virginia, served three years in jail and paid a $1700 fine for parking in a fire zone for 25 seconds, failing to produce her driver's license (driver's license suspended for not paying a speeding ticket), and giving a false name to the policeman because she borrowed her friend's car and she didn't want her friend's car impounded. At the time of sentencing, Tiarra was seven months pregnant. For this victimless "crime" she gave birth to her son shackled to a bed.



Daniel Weber's (from Iron County Utah) son was incarcerated for a misdemeanor amount of marijuana, contained in a child-proof bottle, that he used to treat his severe headaches. However, the police did not show up because they suspected marijuana; rather, the police traced his son's ip address to check on some computer equipment he bought online, which was out in the open for the police to see. Yet the police still insisted on searching his home, and that's when they found the small amount of raw marijuana. From there, Weber's son was accused of cultivating marijuana, despite the total lack of evidence.



Travis Braun, a small business owner (Edible Decorative Landscapes which teaches people how to grow food) from Iron County, Cedar City Utah, pulled out of a liquor store parking lot and after traveling five blocks was pulled over for supposedly failing to turn on his blinkers. Moreover, the cop told Travis he had no insurance. When Travis pulled out his insurance information, the cop made Travis do a field sobriety test. He passed five of the six points--took 11 steps instead of 9-- and had a 0.014 (one-tenth of a beer) reading from the breathalyzer test. Six cops kicked Travis in the face, tazed him twice, dislocating his L4 vertebrae, and basically beat the crap out of him (all of this is on video). At this point, Travis fell into an epileptic seizure. At the hospital, they arrested Travis for assault on a police officer, resisting arrest, DUI metabolite, and possession of marijuana...all false charges.

After he was bailed out of jail, he went through the law enforcement chain of command, and they all said they backed their police officers, 100% and will prosecute to the fullest extent of the law to which Travis responded that he would go to the newspapers and file a lawsuit. From that point on, Travis has endured outright harassment from the police. They even raided his house, based on a statement from an unverified source, blowing the back door off its hinges, and without finding one iota of evidence, claimed he was growing marijuana, manufacturing mushrooms, selling drugs, etc.

After he bailed out a second time, they dropped the charges, but sent the "case" to the feds. A few days later, the U.S. Marshall's showed up at his house and arrested him in front of his six kids for selling a weapon by a restricted person, a person he met only one time. Threatening him with ten years, he told them, fine, lets go to trial. He spent six months waiting in jail. One week before the trial, the feds dropped all charges for lack of evidence. The state picked it back up and refiled the charges.

Travis has been fighting these cases for four years now, yet he still hasn't been to court. Every time it's time to go to trial, they postpone it for one excuse or another. They even raided his attorney's house, then arresting him again on trumped up domestic abuse charges (he punched a hole in the wall on his way out after an argument). He spent another five months in jail.



Johnita M. DeMatteo's son, Joseph DeMatteo, deaf since birth, and a member of a biker group, was merely having a conversation (he can read lips) in a bar in Rome NY, when he was told to get out of the way. Being deaf, he did not hear the command, and was subsequently grabbed from the behind and thrown out. The police were called and he was arrested and sent to jail. The judge threatened that if he didn't accept the plea bargain he could get up to 15 years for merely being associated with a biker gang.



Sandy Fonzo's son committed suicide after being incarcerated in what became known as the "Kids for Cash" scandal.



Judge Mary Elizabeth Bullock on the corrupt judicial system.



Hans Sherrer, president of "Justice Denied" who works with the wrongfully convicted.


Read more...

Friday, April 05, 2013

Criminalizing Poverty: Debtor's Prison For the 99%.

Today, it was reported that the unemployment rate declined even as those not in the labor force grew by over 660,000 to 90 million.  However, the real unemployment rate is 23%. if you include, "estimated long-term discouraged workers, who were defined out of official existence in 1994," and "short-term discouraged and other marginally-attached workers as well as those forced to work part-time because they cannot find full-time employment."

No jobs, stagnant wages, soaring food prices, soaring food stamps, millions of underwater home owners and millions of homes in shadow inventory, etc., but, despite all this "the economic recovery is on track" according to the mainstream news. The simple truth is the dream of a new home, a new car, secure retirement and nice vacations is just that, a dream. The new more attainable dream is a frugal lifestyle demanding sacrifice and hardships, simply to ensure survival, that is, without ending up in debtor's prison,.

No, this isn't 1830. It's 2013, and thousands of Americans are sent to jail because they can't afford to pay their bills.  That's right, courts and judges in states across the U.S. are incarcerating people for not being able to pay debts such as traffic tickets, medical bills and court fees.

At the same time that the economy worsens, and poverty increases, the financial and legal penalties for being poor in America are only getting worse. Apparently, people are supposed to earn money despite the fact that jobs were shipped overseas decades ago to ensure corporate profits by the same sadistic class of people who plundered the wealth of the people. Well, they need a scapegoat, and who better than those who cannot protect themselves: the poor. Meanwhile, the plundering class is squirreling away trillions in offshore accounts.

Federal imprisonment for unpaid debt has been illegal in the U.S. since 1833. But it is legal in one-third of the states: Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Maryland, Michigan, Minnesota, Missouri, Oklahoma, Pennsylvania, Tennessee and Washington. However, it doesn't really seem to matter if it's legal or not; Ohio's not listed, yet, "several courts in Ohio are illegally jailing people because they are too poor to pay their debts and often deny defendants a hearing to determine if they're financially capable of paying what they owe, according to an investigation released Thursday by the Ohio chapter of the American Civil Liberties Union."

Links:

Fair Debt Collection Practices Act (FDCPA)

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Wednesday, January 02, 2013

No Society in History Has Imprisoned More of its Citizens Than Land of the Free



1. Three “strikes” and you get life in jail. Even for trivial crimes, Leandro Andrade is serving 2 consecutive life sentences for shoplifting 9 video tapes with a value of $153
2a. 1% of Americans are in jail (2.3million)
2b On a per capita bases this equates to twice as many in South Africans, more than 3 times Iran and 6 times China’s prison population.
3. No society in history has imprisoned as many people as America.
4. 1 in 30 men aged 20 – 34 in in prison.
5.1 in 9 black males are in prison.
6. There are more 17 year old black males in prison than in college.
7. 5% of the world are American…25% of all prisoners are American.
8. America prohibits importing goods made through forced labor or prisoners...YET...American prisons produce 100% of all military helmets, ammunition belts, bullet proof vests,
9. 93% of domestically used paints, 36% of home appliances, 21% of office furniture, which allows America to compete with factories in Mexico.
10. You get solitary confinement if you refuse to work!
11. Thus America has successfully reinvented the slave trade

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Read more...

Tuesday, September 04, 2012

How America Treats Prisoners Says More About America Than it Does About the Prisoners.

I'm convinced the United States of America will never be a police state -officially, that is- despite the fact that not only do we have the highest incarceration rate on the planet, we're one of the only nations in the world that continues the widespread use solitary confinement - a form of torture when it spans more than 15 days.  The arbitrary and biased processes for establishing who is placed in solitary, not to mention the total lack of oversight and regulation  makes this practice even more alarming.

Based on available data that does not include juveniles or immigrants over  80,000 prisoners, in 44 states  are in solitary confinement in the United States on any given day.

Since the 1980s, departments of corrections have sharply increased the use of segregation as a discipline and management tool. In effect, segregation is a secondary sentence imposed by the correctional facility—one that follows long after and usually is unrelated to the conviction for which the person is incarcerated. The consequences of holding an individual in these conditions over time may include new or exacerbated mental health disturbances, assaultive and other antisocial behaviors, and chronic and acute health disorders. In fact, studies show that prisoners who are released from segregation directly to the community reoffend at higher rates than general-population prisoners. Policy changes that will reduce the use and long-term impact of segregation will benefit not only the staff and prisoners in these units but also ultimately the well-being of facilities, systems, and the community.

"For us there is only one season, the season of sorrow. The very sun and moon seem taken from us." -- Oscar Wilde, 1897 about his time in solitary confinement

One must ask why America's incarceration rate is so high when the cost to imprison one American for one year is more than the cost of one year at Princeton. Solitary confinement is even more costly for obvious reasons.
"I believe that very few men are capable of estimating the immense amount of torture and agony which this dreadful punishment, prolonged for years, inflicts upon the sufferers; and in guessing at it myself, and in reasoning from what I have seen written upon their faces, and what to my certain knowledge they feel within, I am only the more convinced that there is a depth of terrible endurance in which none but the sufferers themselves can fathom, and which no man has a right to inflict upon his fellow creature. I hold this slow and daily tampering with the mysteries of the brain to be immeasurably worse than any torture of the body; and because its ghastly signs and tokens are not so palpable to the eye and sense of touch as scars upon the flesh; because its wounds are not upon the surface, and it extorts few cries that human ears can hear; therefore the more I denounce it, as a secret punishment which slumbering humanity is not roused up to stay.." - Charles Dickens on solitary confinement



Links:

Lifetime Lockdown: How Isolation Conditions Impact Prisoner Reentry

Extreme Solitary Confinement - No Human Contact for 28 Years

Read more...

Sunday, July 01, 2012

Inmates Replacing American Workers.

As I have posted before, America is truly becoming an incarceration nation, as it funnels an ever-increasing number of human beings into slavery. Prisoners are even bundled up and sold as securities as each one is assigned a CUSIP (Committee on Uniform Securities Identification Procedures) number, and traded on the market for profit.

The DOJ and NCIA funded the making of this video to recruit private sector companies to take their operations or expansions to prisoners to save money, lower overhead and avoid benefits to employees. Thousands of private sector jobs are lost through this federal program known as Prison Industry Enhancement Certification Program (PIECP).




Yes, the plutocrats want all the serfs under total control, and that is the reason that incarceration is the largest growth industry in the USA today.

Bob Evans, the man who posted this video, wrote the following on Deep Politics Forum.

I am Ex. Dir. of the Voters Legislative Transparency Project (VLTP) and uploaded this video to our YouTube channel. My hope was that others would spread the video and information to draw attention to this practice condoned by our government. The NCIA who produced the video with the cooperation of the DoJ, have scrubbed every link to this video used to recruit after I linked to it and sent it out to Union groups. I had a copy and finally managed to get the huge file uploaded to YouTube so others could see what is going on with inmates replacing American workers.
I co-authored the award winning Prison Industry article for the Nation magazine last year in the ALEC Exposed project: "The Hidden History of ALEC and Prison Labor"http://www.thenation.com/article/162...d-prison-labor and have been researching, writing and blogging about this subject for nearly 10 years.
I wanted to thank you for reposting this here on Deep Politics Forum and helping to expose how our jobs are being stolen and why our prisons are kept full with between 600,000 and 1 million prisoners working in more than 300 prison factories coast to coast.

Bob Sloan
Executive Director
VLTP, Inc.
Indianapolis, Indiana
www.vltp.net

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Monday, June 04, 2012

Land of the Free or Jim Crow Incarceration Nation?

The number of Americans in prison has risen eight-fold since 1970, despite the fact that crime rates have decreased.  How can that be?  Well,  today, over 2.3 million American citizens, mostly non-violent, are behind bars. Our nation has the largest prison population in the world - with only 5% of the global population, one-quarter of the entire world’s inmates are in the U.S. It is not the land of the free, if it ever was.  And now that the middle class is eroding, people who were once considered reasonably secure in their gated communities, are being thrown to the wolves, so to speak, ripe for picking.  According to FBI statistics, 35,948 Americans are arrested in the US, on a daily basis, most of them African American, and to be sure, the great majority, poor.

"More than two million people found themselves behind bars at the turn of the twenty-first century, and millions more were relegated to the margins...where discrimination in employment, housing, and access to education were perfectly legal, and where they could be denied the right to vote....Ninety percent of those admitted to prison for drug offenses in many states were black or Latino, yet the mass incarceration of communities of color was explained in race-neutral terms....The New Jim Crow was born" - Michelle Alexander in "The New Jim Crow: Mass Incarceration in the Age of Colorblindness" (p. 58).
By criminalizing addiction, and militarizing state and local police forces, the "war on drugs" more than quadrupled our prison population in less than three decades. According to the Cato Institute, in 1997 alone, the Pentagon handed over more than 1.2 million pieces of military equipment to local police departments. The agency also "handled 3.4 million orders of Pentagon equipment from over eleven thousand domestic police agencies in all fifty states." The Cato report also stated, "paramilitary units/SWAT teams were quickly formed in virtually every major city to fight the war on drugs."

So, with the advent of for profit prisons, there is a lobbying arm in state houses across the country and in DC  demanding harsher punishments for "crimes" that hardly constitute any great wickedness; iniquity; and or wrong.

Make no mistake. Not only is this about oppression of an ever-increasing sector of society, this is about creating huge profits for our corporation nation by funneling an ever-increasing number of human beings into slavery.  Private prisons keep only the low cost prisoners - forty cents an hour - because they use them as slave labor and send the harder to control prisoners back to the state prisons where the tax payers pay for it. All prisoners are assigned a CUSIP number, which earns even more profit for the corporation nation.
The private corporate court earns a percentage of the amount of money it collects in fines, and also receives kickbacks by placing citizens in prison or on probation. All prisoners are assigned a CUSIP number based on that prisoner’s STRAWMAN trust. This CUSIP # is then bundled up with other CUSIP numbers and sold as bundled securities on the securities markets. These are bundled persons. Prisoners are commodities for which the fruit of their labor is traded. This is why jails are overflowing, and why so many people get unsupervised probation for so many months. Probationary status is still a form of incarceration, and community service is often assigned. People on probation receive the CUSIP number as well, and are bundled just like the in-house prisoners.
In the book "The New Jim Crow: : Mass Incarceration in the Age of Colorblindness" author, Michelle Alexander cites slavery, Jim Crown, and Mass Incarceration as "the three major racialized systems of control adapted in the United States to date." She makes the connection between the prison-industrial complex and the "war on drugs", and the disproportionately high number of African American incarcerated in state and federal prisoners. She argues that this system of mass incarceration "operates as a tightly networked system of laws, policies, customs, and institutions that operate collectively to ensure the subordinate status of a group defined largely by race." The War on Drugs, the book contends, has created "a lower caste of individuals who are permanently barred by law and custom from mainstream society."

In addition to decades of broad U.S. public and political support for getting tough on criminals through longer, harsher prison terms and to the Bush administration's anti-drug and strict-sentencing policies, Alexander points out how the Clinton administration legislated "Three Strikes and Your Out," and the five-year mandatory sentencing for drug offenses due to the use of Crack, which disproportionately targets blacks. Of course, these laws are discriminatory due to the fact that cocaine use in the white community is usually treated as a misdemeanor, which is ridiculous since you need cocaine to produce crack.

There is no doubt that the "War on Drugs", when created, was targeted toward African Americans in an effort to break up families, creating a new racial caste system that renders black males, especially, into non-citizens. They lose the right to vote, and are unable to get a job.  They're ineligible for public assistance such as housing and food stamps, unable to qualify for loans and/or grants for education, and, finally, unable to obtain licenses due to their felony status. Not to mention, the extremely narrow margin of hope when released. This creates a viscous circle that perpetuates itself by increasing homelessness and joblessness, forcing these men and women back into "crime" in order to survive, where the cycle starts all over again.

Moreover, children are left without fathers and mothers without husbands. Alexander writes,
"The U.S. Census Bureau reported in 2002 that there are nearly 3 million more black adult women than men in black communities across the United States, a gender gap of 26 percent. In many areas, the gap is far worse, rising to more than 37 percent in places like New York City. The comparable disparity for whites in the United States is 8 percent. Although a million black men can be found in prisons and jails, public acknowledgment of the role of the criminal justice system in `disappearing' black men is surprisingly rare. Even in the black media-which is generally more willing to raise and tackle issues related to criminal justice-an eerie silence can often be found."

Furthermore, Alexander writes,
"More African American adults are under correctional control today- in prison or jail, on probation or parole- than were enslaved in 1850, a decade before the Civil War began. The mass incarceration of people of color is a big part of the reason that a black child born today is less likely to be raised by both parents than a black child born during slavery. The absence of black fathers from families across America is not simply a function of laziness, immaturity, or too much time watching Sports Center. Thousands of black men have disappeared into prisons and jails, locked away for drug crimes that are largely ignored when committed by whites. The clock has been turned back on racial progress in America." She also states, "African American (youth) were more than six times as likely as whites to be sentenced to prison for identical crimes," because of "unconscious and conscious racial biases infecting decision making."
The bottom line is that, although this was initially designed for the Mass Incarceration of the non-white population, it has now morphed into a war on the entire poor population, growing larger everyday. Total exploitation of the down trodden.

Another excellent book on the subject is "Texas Tough: The Rise of America’s Prison Empire " by Robert Perkinson, which goes into great detail concerning the pernicious rise of America's "for-profit" prison system.
"...is a history of imprisonment, race, and politics from slavery to the present, with an emphasis on Texas, the most locked-down state in the nation. Sweeping in scope and exhaustively researched, it tries to answer some of the most vexing questions of our time: Why has the United States built the largest prison system in the world, unlike anything in the history of democratic governance, and why have racial disparities in criminal justice worsened over the past two generations, despite the landmark victories of the civil rights movement? Drawing on a decade of archival, legal, and legislative research, combined with scores of interviews, this book argues that the history of American criminal justice is a more southern story than most have acknowledged (the prison boom began and has remained most pervasive in the South) and that the politics of race and reaction have played a more prominent role in the expansion of incarceration than elevated crime rates. By drawing parallels between the development of segregation and convict leasing in the aftermath of Reconstruction and the rise of mass imprisonment in the wake of integration, Texas Tough contends that America’s imprisonment crisis has taken shape as the latest chapter in America’s tragic racial history and that a concerted nationwide effort will be required to move the country toward a more equitable and genuinely democratic future."

"America needs fewer laws, not more prisons." -- James Bovard
"Criminal: a person with predatory instincts who has not sufficient capital to form a corporation." -- Howard Scott

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Wednesday, April 20, 2011

Incarceration Instead of Education?

At one time, it seemed that prison was reserved for violent offenders who posed a threat to public safety and to those who were repeatedly convicted for felonious acts. Those times have changed. The number of federal crimes, newly enacted by Congress, have exploded over the last three decades.

Consider this. From 1925 to 1972, the prison population fluctuated between 100,000 and 200,000 inmates. In 1980, there were less than 500,000 Americans in prison. On June 30, 2002, the number of incarcerated topped 2 million. At the beginning of 2008, the nation’s total inmate count was more than 2.3 million. To be sure, the great majority of America's incarcerated population has one thing in common: poverty. Yet, it's clear the opposite is occurring. Rather than trying to reduce the over 4,000 offenses that carry criminal penalties in the United States Code, more are being created everyday... in addition, lawmakers are upgrading misdemeanors to felonies!

Take, Tonya McDowell, a 33-year-old homeless mom, who was charged with "first-degree larceny and conspiracy to commit first-degree larceny for allegedly stealing $15,686 from Norwalk schools," for using her babysitter's, Ana Rebecca Marques, address to send her six-year old to school.  Not only that, Ms. Marques was kicked out of her residence at the housing authority.  Can you say, 

Dr. Boyce Watkins, a social justice advocate and Syracuse University professor said the following:

“The message now is that they would rather incarcerate than educate. This is no different from the days when slaves were jailed for trying to learn to read."
Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness  would agree, I'm sure.

In another case, in January, Kelley Williams-Bolar of Akron Ohio was convicted and sent to jail after she used her father’s address to enroll her two children in a suburban school district, in an effort to better their education.
"Additionally, Williams-Bolar’s father, Edward L. Williams, was charged with a fourth-degree felony of grand theft, in which he and his daughter are charged with defrauding the school system for two years of educational services for their girls. The court determined that sending their children to the wrong school was worth $30,500 in tuition"
What makes these arrests all the more horrifically absurd, is that our nation's elitist thugs not only go free, but are continuing to reap enormous reward.

Links:

Children of Incarcerated Parents Fact Sheet

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Friday, March 18, 2011

Obama's Draconian Intellectual Property Law Proposals Already in Effect

The mass incarceration that's taken place over the last three decades, largely under the auspices of the "War on Drugs" that has only served to create a permanently criminalized underclass will not only continue, it will greatly expand under Obama administration's crackdown on intellectual property law offenders as he felonizes infringement.

Take former Goldman Sachs computer programmer, Sergey Aleynikov.  He did not kill anyone. He did not assault anyone. He did not inflict bodily harm on any living creature, nor take or sell drugs...he did something much worse: he stole source code from Goldman Sachs.  For this victimless crime, because Goldman Sachs is no one's victim, the government wanted to seek a sentence five-times higher than what probation recommends.  Well, federal Judge Denise L. Cote, who likened his crime to “economic espionage”, sentenced him to four-times what the probation recommended - eight years - explaining that Mr. Aleynikov's conduct “deserves a significant sentence because the scope of his theft was audacious — motivated solely by greed, and it was characterized by supreme disloyalty to his employer.” Oh, the irony!

Did Mr. Aleynikov break the law?  Do something wrong?  Yes he did; however he certainly showed remorse when he said, “I never meant to cause Goldman any harm. I am sorry for the burden and emotional impact this trial has caused on my family, and my mother and children.” I think it's fairly clear that Mr. Aleynikov does not pose a threat to society; therefore, should receive the minimum sentence, especially considering he is a first time offender.

President Obama is not legitimately trying to address infringement or counterfeiting problems with his sweeping revisions to U.S. copyright law. He is simply cracking down on the people in order to protect the interests of corporations, instead of encouraging companies to adapt to the changing technological environment.

“The legitimate desire to address some serious counterfeiting abuses - such as medications or industrial components used in defense products - has been hijacked to create draconian proposals to alleviate the content industry of the burden of protecting its own interest using its own extensive resources. The government's role in protecting the public's right to safe medicine and component parts should not be allowed to morph into supplanting the responsibility of private companies to use existing legal remedies to remove possibly infringing content online and bring legal action against those involved. -- CCIA President & CEO Ed Black
Links:

Government Seeks Sentence Five Times Higher Than Probation Recommends


Intellectual Property Watch

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Wednesday, March 16, 2011

White House and Big Corporations Want to Destroy the Internet as We Know It.

Until very recently, most of us could only passively consume our media. We could listen. We could watch. But we couldn’t touch, enter into, or even respond to the media. The Internet has changed all of that, leveling the playing field in such a way that anyone with a connection can participate. The powers that be are not happy.

The other day, Sen. Al Franken claimed that big corporations are "hoping to destroy" the Internet, by destroying "the very thing that makes it such an important [medium] for independent artists and entrepreneurs: its openness and freedom." He then claimed, "Net neutrality is the First Amendment issue of our time."

However, it appears the Obama administration wants to crackdown on the Internet, and eliminate this new emergent participatory media production that depends on "fair use", by policing the Internet, making copyright infringement a felony.  He wants to tighten many forms of intellectual property law, increase existing criminal penalties, and expand wiretap laws to include copyright and trademark infringement, ultimately giving even more authority to Homeland Security.   He has proposed sweeping revisions to U.S. copyright law, including making "illegal streaming" of audio or video a federal felony and allowing FBI agents to wiretap suspects.

Turning to the specific recommendations, the Administration recommends increasing the statutory maxima for the following offenses:

1. Increase the statutory maximum for economic espionage (18 U.S.C. § 1831) from 15 years in prison to at least 20 years in prison.

2. Increase the statutory maxima for drug offenses under the Federal Food, Drug and Cosmetic Act (FFDCA), particularly for counterfeit drug offenses.

The Administration recommends that Congress: (1)  direct the U.S. Sentencing Commission to increase the U.S. Sentencing Guideline range for intellectual property offenses; (2) require the U.S. Sentencing Commission to consider five specific categories of changes to the Guidelines; and (3) require the U.S. Sentencing Commission to act within 180 days of such legislation being adopted (including issuing a report explaining why it has not adopted any of the specific recommendations). The five categories of specific recommendations for the U.S. Sentencing Commission are:
1. Increase the U.S. Sentencing Guideline range for the theft of trade secrets and economic espionage,
including trade secrets transferred or attempted to be transferred outside of the U.S.

2. Increase the U.S. Sentencing Guideline range for trademark and copyright offenses when infringing products are knowingly sold for use in national defense, national security, critical infrastructure, or by law enforcement.

3. Increase the U.S. Sentencing Guideline range for intellectual property offenses committed by organized criminal enterprises/gangs;

4. Increase the U.S. Sentencing Guideline range for intellectual property offenses that risk death or serious bodily injury and for those offenses involving counterfeit drugs (even when those offenses do not present that risk); and

5. Increase the U.S. Sentencing Guideline range for repeat intellectual property offenders.
The Administration recommends three legislative changes to give enforcement agencies the tools they need to combat infringement:

1. Clarify that, in appropriate circumstances, infringement by streaming, or by means of other similar new technology, is a felony;

2. Authorize DHS, and its component U.S. Customs and Border Protection (CBP), to share pre-seizure information about, and samples of, products and devices with rightholders to help DHS to determine whether the products are infringing or the devices are circumvention devices; and

3. Give law enforcement authority to seek a wiretap for criminal copyright and trademark offenses.
The Administration recommends two legislative changes to allow DHS to share information about enforcement activities with rightholders:

1. Give DHS authority to notify rightholders that infringing goods have been excluded or seized pursuant to a U.S. International Trade Commission (ITC) order; and

2. Give DHS authority to share information about, and samples of, circumvention devices with rightholders post-seizure.

The Administration recommends six legislative changes to improve U.S. enforcement efforts involving pharmaceuticals, including counterfeit drugs:

1. Require importers and manufacturers to notify the Food and Drug Administration (FDA) and other relevant agencies when they discover counterfeit drugs or medical devices, including the known potential health risks associated with those products;

2. Extend the Ryan Haight Act’s definition of “valid prescription” (and its telemedicine exemption) to the FFDCA to drugs that do not contain controlled substances;

3. Adopt a track-and-trace system for pharmaceuticals and related products;

4. Provide for civil and criminal forfeiture under the FFDCA, particularly for counterfeit drug offenses;

5. As noted above, increase the statutory maxima for drug offenses under the FFDCA, particularly for counterfeit drug offenses; and

6. As noted above, recommend that the U.S. Sentencing Commission increase the U.S. Sentencing Guideline range for intellectual property offenses that risk death and serious bodily injury, and for those offenses involving counterfeit drugs (even when those offenses do not present that risk).
What's more is that with all of the important unresolved issues, not to mention, the banksters and  major Wall Street criminals basking in their billions and still in charge, you have to wonder why the Obama administration chooses to focus, in comparison, on what seems like such a trivial matter.  Well, one can only conclude that it's much more than that. It's an underhanded power grab, to control the distribution of information, communication, ultimately providing Big Brother with the power to wiretap anyone for any reason.

It all boils down to who benefits and who pays.   As always, it's the elite who benefit the most - the prison industrial complex, big corporations, Hollywood, the banksters - while we, the taxpayers, continue to pay through the nose. As someone once said, "who gets prosecuted for what has always been and always will be political and decided by those with wealth and power".

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Monday, January 10, 2011

We, the Felons of the United States of America.

Five felonies - rape, murder, arson, theft and suicide - existed upon our nation's founding.  And all of those felonies contained a violent or dangerous component.

Today, the "felon class" is exploding with up to as many as 15 to 20 million ex-felons in America, many convicted for the most innocuous of behaviors.  This system of countless victimless crime laws - of which drug possession laws are the most used - empowers and authorizes law enforcement  to accuse and apprehend people without recourse. The result of this type of structure of police authority, against which civilians have little recourse is a form of "friendly" fascism. That is, it emerges from within established governing structures, rather than from beyond those structures, as we saw in the European despotic right-wing seizure of power.

Keep in mind that the majority of us are already - although unaware -  felons, lucky enough to have escaped capture by the felons in power...so far, anyway.  However, even if you have not achieved felon status yourself, you are, directly impacted by the enormous and costly system of mass incarceration in America today. Not only does over-felonization practically guarantee massive unemployment (felons are not hired), it gradually erodes the rights and liberties of a population to the point of complete annihilation.

How can this be? In the land of the free...home of the brave?

Well, in a overly simplistic nutshell, at the beginning of the 20 century, Chief Justice Oliver Wendell Holmes claimed that justice is the result of "due process".  This started the transformation of our court system from one that defined justice as substantive to one that defined justice as procedural (whether the rules were followed in the handling of the case, rather than whether or not the outcome was true or accurate).

"This is a court of law, young man, not a court of justice." - Oliver Wendell Holmes, Jr.
Who benefits?  Almost everyone at the top in one way or another, but especially prosecutors, as they can inflate their felony conviction rates and convince the electorate they are doing a great job keeping the public safe. Always, under the guise of keeping We, the felons People safe.

So, this growing and sticky tangled web of laws is so broad, vague, and exceedingly complex that no one is immune from its tenacious ensnaring capability. In other words, federal authorities can pick and choose who they want to target, for whatever reason - vengeance, political gain, or simply as another notch in their belt - and figure out which of the thousands of felonies apply to you, and you can bet that there are plenty.   And remember, even if you haven't committed the so-called "crime" of which you are being accused, you may not be able to afford what it will cost to fight back. 


In many parts of the United States, a convicted felon can face long-term legal consequences persisting after the end of their imprisonment, including:
  • Disenfranchisement (which the Supreme Court interpreted to be permitted by the 14th Amendment)
  • Exclusion from obtaining certain licences, such as a visa.
  • Exclusion from purchase and possession of firearms, ammunition and body armor
  • Ineligibility for serving on a jury
  • Deportation (if the criminal is not a citizen)
The bottom line is that felony disenfranchisement is inconsistent with our modern notions of a criminal justice system that is supposed to prioritize rehabilitation over retribution.

Links:

The Obama Administration’s 2011 Budget: More Policing, Prisons, and Punitive Policies

The Prison Index: Taking the Pulse of the Crime Control Industry This book, originally published in April 2003, went out of print in August 2006. Prison Policy.org is in the process of trying to raise sufficient funds to print an updated and expanded edition in the future.

Fixing prison-based gerrymandering after the 2010 Census  The 2010 Census will be counting more than 2 million incarcerated people in the wrong place. The laws of most states say that a prison cell is a not a residence, but the Census Bureau assigns incarcerated people to the prison location, not their home addresses. When state and local governments use this data to draw legislative districts, they unconstitutionally enhance the weight of a vote cast in districts that contain prisons and dilute those cast in every other district.

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Wednesday, July 14, 2010

One Nation Behind Bars

While interstate highways characterized public works programs in the 1950s, prison building has come to define public works programs in the late twentieth century, despite the fact that the American Society of Civil Engineers assigned a D grade to the nation’s infrastructure and estimated that it would take $2.2 trillion to bring it into a state of good repair.

For almost a century the nation's incarceration rate remained relatively stable. The US locked up approximately 100 for every 100,000 residents. But in 1972, the US imprisonment rate began to  climb to the point that by the end of the twentieth century,  500 for every 100,000 residents (700 for every 100,000 in some southern states) were behind bars.  By 2008, one out of every 100 residents - one out of 71 in Texas - called prison, home.  However, rates of reincarceration remain high and, by some measures, have actually worsened despite the exponential rise in spending.  Nationwide, state expenditures on corrections has risen faster from 1988 to 2008 than spending on nearly any other state budget item, increasing from about $12 billion to $52 billion a year.


Politics, not an increase in crime or population, is the reason our nation can't build prisons fast enough. Law and order conservatives created catchy slogans and severe statutes like, "zero tolerance" to "truth in sentencing" to "mandatory minimums" to "three-strikes" to "weed and seed".  The result:  crowded prisons with non-violent offenders, and no alternative to reducing ballooning prison budgets at a time when state budgets.
"The United States currently incarcerates a higher share of its population than any other country in the world. The U.S. incarceration rate – 753 per 100,000 people in 2008 – is now about 240 percent higher than it was in 1980.

We calculate that a reduction by one-half in the incarceration rate of non-violent offenders would lower correctional expenditures by $16.9 billion per year and return the U.S. to about the same incarceration rate we had in 1993 (which was already high by historical standards). The large majority of these savings would accrue to financially squeezed state and local governments, amounting to about one-fourth of their annual corrections budgets. As a group, state governments could save $7.6 billion, while local governments could save $7.2 billion.

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Sunday, February 14, 2010

Why are American Children Beyond Redemption?

Is there anything more dangerous than a child soldier? First, it requires a certain hardness of heart to actively defend oneself against a child. Besides that, a child does not have the brain development nor the experience necessary to discern long time consequences, to make sound judgments and to control impulses. It takes time for the brain to mature and internalize a sense of morality.

So, children can be dangerous and commit heinous acts against humanity...there is no doubt about it, but, our system of justice, rather than rehabilitate juvenile offenders, transforming them into productive citizens, growing evidence says juvenile systems exacerbate delinquency, creating costly burdens to society.

“We have a great need to reform the juvenile justice system, from sentencing to punishment to the actual prisons we’re placing juveniles in. There’s clearly something wrong, the system isn’t working.” -- Jane Christie, 23, a law student at ASU.
John Anderson (not his real name), a 55-year old peace activist, told me, that as a young boy he loved guns, toy soldiers, army games, and anything involving weapons. His father, a policeman, threatened John with harsh punishment if he ever discovered that John had even touched his gun,warning him constantly of the deadly consequences that could occur from real guns.

At 16-years old, John, far from a child, but not yet a man and a friend took his father's gun out, and after quickly checking to make sure the gun was empty, played a game of Russian roulette. Luckily, for them, the gun was indeed empty and no one was hurt, however, John now looks back on that experience and has a hard time believing he initiated what could only be described as dangerous and immoral act. He not only risked his own life, but that of his friend as well.

Yet, despite overwhelming evidence that proves children and adolescent brains are not fully mature, the United States continues to send minors into the adult criminal-justice system, even for nonviolent crimes and incarcerate children for life without the possibility of parole. We are the only nation in the world that puts children behind bars and throws away the key.
“The evidence now is strong that the brain does not cease to mature until the early 20s in those relevant parts that govern impulsivity, judgment, planning for the future, foresight of consequences, and other characteristics that make people morally culpable….”
As "free" as we are in the US, freedom to screw up is not included. Our system of justice is purely punitive. Rehabilitation programs are non-existent.

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Wednesday, November 11, 2009

Are We Incarcerating the Wrong Americans? Incarcerated Veterans?

Homeless and incarcerated veterans.
"

I am advocating for a seamless transition in which VA doctors communicate with the physicians at the local, state, and federal level charged with providing medical care to prisoners and ensure Veterans receive the treatment they require," he said in a statement. "We cannot leave them alone in prison until we have made every effort to help them become well and whole again."

In a letter to Secretary of Veterans Affairs Eric K. Shinseki, Sestak urged that incarcerated veterans get medical care that is coordinated with the Veterans Administration.

All four veterans who met with Sestak today said they struggled with alcohol or substance abuse. One Marine Corp veteran who served a combat tour in Vietnam, said some veterans weren't prepared for what they witnessed in war.

"You develop an attitude that everyday could be your last day," said the veteran, who gave his name as Paul. "The only way to relieve that was to go to town and drink some beer. It was accepted. No one said there was anything wrong with that."

During the Vietname era, the military had fewer resources for veterans suffering mental health problems, and many turned to drinking, he said. Paul, a Lebanon County native who is now 61, is serving 3 to 7 years in SCI Chester prison for vehicular homicide after a drunk-driving accident.

What does the direction of criminal justice policy in America tell us about our nation, ourselves, and even the world in general?

According to a recent study by PEW, prison spending now outpaces everything in the US but Medicaid. That's a lot of money to spend on a bunch of prisoners.

However, when you consider some of the crimes committed, such as, stealing kids’ videos to give away as Christmas presents; lifting a bottle of vitamins; shoplifting a car alarm; creating fraud to obtain undeserved food stamps; robbing a couple of unoccupied houses; possession of four ounces of cocaine; grabbing a slice of pizza from some kids on the beach; taking four chocolate-chip cookies (homeless man); stealing a $3 magazine; possession of 0.03 gram of methamphetamine, etc... our only choice is to lock up the perpetrators of these dangerous crimes and throw away the key. Right? And, that's just what our criminal justice system did. Locked them up and threw away the key, because the aforementioned crimes all have one thing in common...the perpetrators were third time felons.
One in every 31 adults, or 7.3 million Americans, is in prison, on parole or probation, at a cost to the states of $47 billion in 2008, according to a new study.
Conviction for three crimes in a row warrants a life sentence, in twenty-six states, with varying degrees of harshness, even for the most minor crimes. The federal government also has "three-strikes and you're out" legislation in place, and there is no judiciary discretion in sentencing these repeat offenders.

As I blogged before, decades of tough-on-crime laws, without any additional financing for prison programs have left prisoners stacked three bunks high in prison gymnasiums and hallways throughout the state of California (National Geographic's Prison Nation), in particular. Nevertheless, growing prison populations and increasing a national trend.

An article on the MA Criminal Defense Attorney blog, about a 23-year old pharmacy tech, who turned himself into the police for stealing 200 Oxycontins. After confessing this and that he took and shared them with friends, he was "charged with trafficking OxyContin and possession with the intent to distribute oxycontins."

Now, there is no doubt this guy made a big mistake, but does he deserve anywhere from two to ten years in the state prison? Does he pose more danger to society than, let's say, Dick Cheney? I don't know...ask the guy who took one of his bullets to the face, or the people over in Iraq. What about W? A Wall Street banker? Or the pharmaceutical industry?

Well, the answer is yes to all of the above. Why? Because, he didn't win the gene pool lottery. He should just be grateful the state of MA is not one of the 26 "three strikes and you're out" states, just in case this was his third offense.
"My brother was put away for half a gram of cocaine. He was an addict, but he had a job, he had a family, and he never hurt anyone. Now he is buried alive, and he won't get out until he is 80." Jose Verduzgo, a warehouse laborer.

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Monday, April 20, 2009

Law: Choosing Between the Lesser of Two Evils.


How do we decide when something should be outlawed? How do we decide that something is wrong? Those two questions are not one in the same. Take the issues of premarital sex, alcohol consumption, smoking, excessive Twinkie feasting, etc, all of which render consequences far greater than that of ingesting marijuana, which the decision was made to outlaw, long ago. Why is that? The toxicity of smoking, alcohol, and Twinkies should be obvious, and as far as premarital sex goes, although in and of itself, it is not toxic, the results can be quite stressful to society, financially and socially. However, we do not outlaw those behaviors because the cost would far exceed the benefits, as is the case with marijuana, yet very little is done to decriminalize this plant.

The study, Lost Taxes and Other Costs of Marijuana Laws by Jon Gettman published in Forbes magazine estimates the overall retail value of the felonious marijuana market is $113 billion. That's right, oftentimes viscous criminals; rake in the cash, while we, the taxpayers, pay out approximately $41 billion per year to enforce the prohibition of this semi-toxic substance. I say semi-toxic because marijuana is known for its medicinal properties as well as its toxicity. Twinkies, as far as I know, are pure toxicity, and the same can be said for smoking. Most of the prescription drugs on the market, are far more toxic than marijuana, and probably have less medicinal value, yet we don't outlaw them.

Government reports indicate that the nation's marijuana laws cost taxpayers $41.8 billion annually. This calculation is based on (a) a reconciliation of estimates of the annual supply of marijuana in the United States and estimates of its overall value and (b) Office of Management and Budget (OMB) data on the share of the Gross Domestic Product diverted by regulatory taxes to US Government budgets. Government reports from the Office of National Drug Control Policy, the Library of Congress, and other sources indicate that the supply of marijuana in the United States is 14,349 metric tons, or 31.1 million pounds. Various price indexes from public and private sources produce a retail price of $7.87/gr or $3,570/lb, setting the overall retail value of the illicit marijuana market at $113 billion.
Since President Barack Obama took office stating that he will not use federal marijuana laws to override state laws, as the Bush administration did, requests for Medical marijuana have increased 300%. President Obama said he saw no difference between using medical marijuana and other pain control drugs. Considering the side effects, the addiction and the "street value" of certain pain control substances, medical marijauna looks benign in comparison.

What if, instead of allowing hardened criminals, access to the billions of dollars the marijuana industry brings in, we, the taxpayers had benefit of that money to execute our own "war" on drugs and addiction? If we took, even half the revenue generated, from taxing and regulating the marijuana industry, and invested it into drug prevention education, and drug rehabilitation programs, we could eventually decrease drug use and at the same time, reduce the amount of crime associated with marijuana, making more resources - including severely limited prison space, - available for housing more dangerous criminals and the funds and manpower to combat other crimes.

Without an official cost-benefit analysis of existing prohibition policy and legislation, what is our government's justification for pouring so much money into what appears to be a relatively innocuous substance? Especially, when pharmaceutical companies are allowed to distort scientific evidence to get dangerous drugs approved.

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Wednesday, February 18, 2009

Another Ticking Time Bomb: Our Prison System

Okay, here I go again with another "thrusting tiger/devoured human" analogy, only this time it's about real criminals, or at least the ones who can't afford to commit crimes and get away it.



Anyway, if our prison system continues on the same path, we will all be the guy on the elephant down the road. Watch Prison Nation on National Geographic to see the results of the starkly black and white, "get tough on crime" legislation - including the "three strikes law". Ironically, many of the legislators and business leaders who participated in the creation and passing of "get tough on crime" legislation are the same people who, over the last three decades, helped to institutionalize the corruption we - as well as people all over the world - are all paying for right now.

Hidden within our country is a dark, parallel world — a Prison Nation that is inhabited by 2.2 million American convicts. Increasing violence, extreme crowding, rampant drug use and gang warfare are part of daily life.

  • With 2.2 million inmates, America has more prisoners behind bars than any other country on earth. We now have 25 percent of the world's incarcerated, with just five percent of the population.
  • America’s population behind bars has gone up 1,000 percent in the last three decades. Get-tough-on-crime legislation and minimum sentencing laws are blamed for the explosion of inmates. Of all prisoners, 95 percent will be released. Half of them are currently serving a term of two years or less.
  • According to correctional officers, drugs find their way inside even the most secure facilities, but the more secure a facility, the higher the price. Drugs regularly go for up to twenty times their street value behind bars.
  • Among prisoners, 35 percent are drug addicts; 80 percent are drug users. One study found that 34 percent of drug users return to state prison within a year.
  • Since many correction departments have outlawed tobacco in prisons, the going rate for cigarettes in some prisons has skyrocketed from pocket change to $5 per cigarette. A thimbleful of tobacco goes for as much as $50.
  • There are as many as 5,000 prisons or jails in the U.S., employing at least 430,000 people as staff or correctional officers.
  • In 2001, the average cost per inmate in state prisons is $22,650 per year or $62.05 a day. The taxpayer price tag is twice as much as just 15 years ago.
  • The number of female inmates is increasing almost twice as fast as the men’s incarceration rate, tripling in the last decade. At least 40 percent of jailed women have minor children.
  • Inmates in America’s prisons and jails aren’t evenly divided by race; African Americans make up just 13 percent of the U.S. population but 41 percent of the overall prison population. And Hispanics have 2.5 times the rate of imprisonment of non-Hispanic whites.
  • More than half of male inmates and roughly two-thirds of female inmates have symptoms of a serious mental illness.
  • The largest population of the mentally ill in America isn’t housed in a hospital… It’s in Los Angeles County Jail, followed by New York’s Rikers Island. In all, one-fourth of all state prison beds are occupied by the mentally ill.
  • "Solitary confinement" has a new name in prison systems: segregation. Single-celled, 23-hour lock-up units in some of these prisons are designed to limit inmates’ movement and contact with other staff or inmates. Officers can care for inmates electronically — from opening an inmate’s door, to shutting off his water, to turning off his lights.
  • More than 80,000 inmates are kept in isolation nationwide. The average stay in some states is now years.
I wonder how many prisoners are serving time for the "heinous" crime of smoking marijuana? Or for taking one too many painkillers?

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Tuesday, June 12, 2007

Update Judge Voids Genarlow Wilson's 10-year Prison Term

ATLANTA, Georgia (AP) -- A judge on Monday voided a 10-year sentence for a man accused of having consensual oral sex with a 15-year-old girl when he was 17. He instead gave Genarlow Wilson a 12-month misdemeanor sentence with credit for time already served.

The state is likely to appeal the ruling.

Wilson's original sentence, for aggravated child molestation, was widely criticized on the grounds it was grossly disproportionate to the crime, and state lawmakers later passed a law to close the loophole that led to the 10-year sentence.

Wilson, now 21, has already served more than 27 months. He could remain behind bars while the appeal proceeds.

A jury found the honor student guilty in 2005 of aggravated child molestation for having oral sex with a 15-year-old girl during a 2003 New Year's Eve party involving alcohol and marijuana. Although the sex act was consensual it was illegal under Georgia law.

Wilson was also charged with rape for being one of several male partygoers at the Douglas County hotel to have sex with a 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury.

Several influential people, including former President Jimmy Carter, stepped forward to support Wilson.

Wilson's lawyers could be heard applauding in their office after the order was released.

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