Punishment vs. Treatment

It's Time to Discuss Criminal Justice Reform

By Vanita Gupta, Center for Justice & Ezekiel Edwards, ACLU Criminal Law Reform Project at 2:51pm

Presidential election season is prime time for predictions. One sure bet is this: neither candidate is likely to make criminal justice a stump issue.

Gil Kerlikowske: Please Put Our Money Where Your Mouth Is

By Rebecca McCray, ACLU Criminal Law Reform Project & Emma Andersson, Criminal Law Reform Project at 4:02pm

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 Frustrated Federal Judges Show Us How to Have a More Fair and Effective Justice System

By Alex Stamm, ACLU Center for Justice at 3:52pm

In 2010, 22-year-old Jamel Dossie served as a middle-man in a series of hand-to-hand crack sales. After three transactions involving a federal informant, Mr. Dossie had handed over – “sold” – a total of 88.1 grams, or 3.1 ounces, of crack. For his part, he earned $140.

Unfortunately for Mr. Dossie, selling more than 28 grams of crack triggers a five-year mandatory minimum sentence. This March, after a short sentencing proceeding in which federal Judge John Gleeson wasn’t allowed to consider Mr. Dossie’s very minor role in the transaction, his remorse for the offense or his personal background, the prosecutor called for a five-year prison sentence, and that was that.

Treating Addiction as a Disease, not a Crime

By Rebecca McCray, ACLU Criminal Law Reform Project at 4:05pm
Like many who suffer from addiction, Cameron Douglas’ path to recovery has not been without setbacks. Currently incarcerated in federal prison on a five-year sentence for drug distribution and heroin possession, the 33-year-old son of actor Michael Douglas has struggled with substance abuse since his twenties. In December, Douglas made headlines when a federal judge sentenced him to Read More»

Conference to Address Public Health and Safety Approaches to Drug Policy

By Suzanne Ito, ACLU at 3:23pm

Tomorrow in Los Angeles, the ACLU is cosponsoring a conference that will gather public health and treatment professionals, academics, policy-makers and advocates to discuss a public health and safety approach to drug policy.

Allen Hopper, Litigation Director of the ACLU's Drug Law Reform Project, will be among the panelists at a discussion about substance abuse prevention efforts. He'll discuss ACLU cases that demonstrate the dangers of "zero tolerance" school policies like the one at Safford Middle School in Arizona, where 13-year-old student Savanna Redding was strip-searched by school officials after another student accused her of possessing ibuprofen tablets. Savana's case went all the way to the Supreme Court; in 2009, the high court found the school had violated her Fourth Amendment rights.

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