By Allie Bohm, Advocacy & Policy Strategist, ACLU & Emma Andersson, Criminal Law Reform Project at 2:59pm
Keene, New Hampshire has a population of 23,409, except during the months of July and August when campers flock in for the summer. Keene's violent crime index? 134.4, compared to a national average of 213.6. Most common crime? Theft. Good thing the federal Department of Homeland Security (DHS) gave Keene money to buy a BearCat, an armored counter-attack vehicle. What is Keene using its BearCat for? Good question.
U.S. Drug Czar Gil Kerlikowske has his work cut out for him. A revealing recent interview suggests he favors a more treatment-based approach to drug policy than his predecessors, but he has no illusions about the daunting task of de-stigmatizing addiction and aligning America’s drug policies with the extensive evidence that a public health approach will serve our country far better than the failed War on Drugs. It’s great that the national discussion about drug use and addiction is changing course, even among high-powered folks like Kerlikowske, but our laws and practices have many miles to go to catch up with the trends in conversation. Fifty percent of our federal prisoners – and almost 20 percent of state prisoners – are incarcerated for drug offenses. And this isn’t just cracking down on “hard” drugs - Marijuana arrests accounted for more than half of all drug arrests in 2010. All of this has a disproportionate and devastating impact on Black Americans, who are three times more likely to be arrested for a marijuana offense even though whites use marijuana at a higher rate. So the question is: can the Office of National Drug Control Policy (ONDCP) follow through on Kerlikowske’s newfound enlightenment?
Two recent elections, a New York judge’s personal plea, a new state law and a new public opinion poll demonstrate that a seismic national shift has occurred in political attitudes toward medical marijuana. This cascade of developments dramatically illustrates just how far we’ve come since California became the first state to legalize medical marijuana in 1996, and it indicates that our collective compassion is eroding the once-ironclad political will to deny an effective medicine to our sick fellow citizens.
Tasers subject their victims to a 50,000 volt shock followed by 100 microsecond pulses of 1,200 volts. Since 2001, more than 500 people in the United States have died after law enforcement officers used this weapon against them. A study published this week by the American Heart Association’s Circulation Journal confirms that the misuse of a Taser can cause sudden cardiac arrest and death.
In 2000, Colorado voters approved an amendment to their state constitution that allows patients suffering from conditions like cancer, glaucoma and HIV/AIDS to use medical marijuana when a doctor has advised them to do so. The amendment to the Colorado constitution provides that these patients "may engage in the medical use of marijuana" and that they will have an affirmative defense against state criminal charges relating to their use of medical marijuana.
By Emma Andersson, Criminal Law Reform Project at 3:17pm
Today we filed a friend-of-the-court brief in two Supreme Court cases that deal with the Fair Sentencing Act of 2010 (FSA), which reduced the disparity between federal mandatory minimum sentences for crack versus powder cocaine from 100:1 to 18:1. As we’ve written before, this was a significant step in the direction of fairness.
The Fair Sentencing Act of 2010 (FSA) is actually only kind of fair. The passage of the 2010 law, which reduced the crack to powder mandatory minimum ratio in federal cocaine sentences from 100:1 to 18:1, was a significant step in the direction of fairness. While we applaud this change, we also look forward to the day when Congress adopts the actually fair ratio of 1:1. In the meantime, the Supreme Court has granted certiorari on two FSA cases, Hill v. United States and Dorsey v. United States, both out of the Seventh Circuit. In these cases, the Court will decide whether people whose offense predates the enactment of the FSA but who were sentenced afterwards should be sentenced based on the old 100:1 ratio or the new 18:1 ratio. If the Court rules the wrong way, a sizeable class of people will be excluded from Congress’ attempt to restore fairness and racial neutrality to federal cocaine sentencing, and the kind-of-Fair Sentencing Act will become even less fair.
By Emma Andersson, Criminal Law Reform Project at 3:21pm
There are hundreds of thousands of Americans serving outrageously long prison sentences for nonviolent drug offenses as a result of our nation’s widely discredited and inhumane "war on drugs." On Tuesday night, President Obama did something he had not yet done as president — he commuted someone's prison term. While we applaud President Obama’s decision to allow Eugenia Marie Jennings, a mother of three suffering from cancer who has served 10 years of her 22-year sentence for selling 13.9 grams of crack cocaine, to return to her family 12 years earlier than she otherwise would have, we hope this stands not as a mere isolated gesture of generosity but rather marks the beginning of an enduring, fundamental change in the president’s systemic approach to drug policy.
