Dear President Obama: Right after your election, somebody asked if I thought having a black president meant black people's concerns would now receive attention at the executive level. I told them I expected the opposite. There used to be a saying - only Nixon could go to China. Meaning, of course, that only he, as a staunch anti-communist, had the credibility to make overtures to that nation without accusations of being soft on communism. By the inverse of that political calculus, I never expected that you, as a black man, would do much to address black issues. [continues 482 words]
Dear President Obama: Right after your election, somebody asked if I thought having a black president meant black people's concerns would now receive attention at the executive level. I told them I expected the opposite. There used to be a saying - only Nixon could go to China. Meaning, of course, that only he, as a staunch anti-communist, had the credibility to make overtures to that nation without accusations of being soft on communism. By the inverse of that political calculus, I never expected that you, as a black man, would do much to address black issues. [continues 483 words]
Dear President Obama: Right after your election, somebody asked if I thought having a black president meant black people's concerns would now receive attention at the executive level. I told them I expected the opposite. There used to be a saying -- only Nixon could go to China. Meaning, of course, that only he, as a staunch anti-communist, had the credibility to make overtures to that nation without accusations of being soft on communism. By the inverse of that political calculus, I never expected that you, as a black man, would do much to address black issues. [continues 457 words]
Dear President Obama: Right after your election, somebody asked if I thought having a black president meant black people's concerns would now receive attention at the executive level. I told them I expected the opposite. There used to be a saying - only Nixon could go to China. Meaning, of course, that only he, as a staunch anti-communist, had the credibility to make overtures to that nation without accusations of being soft on communism. By the inverse of that political calculus, I never expected that you, as a black man, would do much to address black issues. [continues 480 words]
Crack Dealers Catch A Break From Team Obama. Poor neighborhoods in America's inner cities already endure an excess of drug-related crime and violence. The Obama Administration's push to retroactively apply a new law that reduces sentences for crack cocaine convictions is unlikely to help. Last August, President Obama signed the Fair Sentencing Act, which narrows the sentencing disparity between crack and powder cocaine offenses. Under the old law, a person convicted of selling five grams of crack received the same mandatory minimum five-year sentences as someone selling 500 grams of powder cocaine. The new law reduces that 100-to-1 disparity to about 18-to-1, and last week the Administration called for the new sentencing rules to be implemented retroactively. [continues 418 words]
WASHINGTON -- A year ago, a drug dealer caught with 50 grams of crack cocaine faced a mandatory 10 years in federal prison. Today, new rules cut that to as little as five years, and thousands of inmates not covered by the change are saying their sentences should be reduced, too. "Please make this situation fair to all of us," prisoner Shauna Barry-Scott wrote from West Virginia to the U.S. Sentencing Commission, which oversees federal sentencing guidelines. "Treat us the same." [continues 804 words]
Even a minor pot bust can be life-altering for people unlucky enough to be arrested in one of these five states. Police prosecute over 800,000 Americans annually for violating state marijuana laws. The penalties for those busted and convicted vary greatly, ranging from the imposition of small fines to license revocation to potential incarceration. But for the citizens arrested in these five states, the ramifications of even a minor pot bust are likely to be exceptionally severe. 1. Oklahoma. Lawmakers in the Sooner State made headlines this spring when legislators voted 119 to 20 in favor of House Bill 1798, which enhances the state sentencing guidelines for hash manufacturing to a minimum of two years in jail and a maximum penalty of life in prison. (Mary Fallin, the state's first-ever female governor, signed the measure into law in April; it takes effect on November 1, 2011.) But longtime Oklahoma observers were hardly surprised at lawmakers' latest "life for pot" plan. After all, state law already allows judges to hand out life sentences for those convicted of cannabis cultivation or for the sale of a single dime-bag. [continues 1047 words]
GAINESVILLE, Fla. -- After decades of new laws to toughen sentencing for criminals, prosecutors have gained greater leverage to extract guilty pleas from defendants and reduce the number of cases that go to trial, often by using the threat of more serious charges with mandatory sentences or other harsher penalties. Some experts say the process has become coercive in many state and federal jurisdictions, forcing defendants to weigh their options based on the relative risks of facing a judge and jury rather than simple matters of guilt or innocence. In effect, prosecutors are giving defendants more reasons to avoid having their day in court. [continues 2732 words]
Cass County Man Seeks to Overturn Verdict The Michigan Attorney General's Office announced Monday that it has filed a brief on behalf of the Cass County Prosecutor's Office and will defend an appeal in the medical marijuana case against Howard Township resident Sylvester Vanderbutts. Vanderbutts was found guilty at a jury trial in April 2010, accused of possessing more than 40 marijuana plants and almost a pound of marijuana, which authorities say is in violation of the limits set for registered medical marijuana patients under Michigan's Medical Marijuana Act (MMMA). [continues 384 words]
Arrested in 2004 after a scuffle with police for possession of a loaded firearm and 3.4 grams of crack cocaine, William Freeman of Louisville faced a maximum penalty of life in prison. So it wasn't a difficult decision for him to accept a plea bargain from federal prosecutors requiring him to serve 106 months in prison, including 46 months on the crack charge. Then in 2007, responding to a mounting chorus of criticism that harsher sentences for crack than powder cocaine disproportionately punished African Americans, the U.S. Sentencing Commission reduced the sentencing guideline range for crack. [continues 873 words]
Gov. Patrick Proposes Changing a Policy Critics Say Is Unfair and Ineffective. The only thing new about Gov. Deval Patrick's recent proposal to shrink so-called "drug-free" school zones in Massachusetts is his support. For years, advocates of criminal justice reform have been critical of the school zone law, which carries mandatory minimum sentences for drug crimes that take place within 1,000 feet of school property. While the law was passed in the name of public safety and the protection of children, critics say it's so broadly drawn that it's ineffective, and that it unfairly penalizes certain defendants on the basis of where they live. [continues 2244 words]
DID you know that former President Ronald Reagan would have turned 100 this Sunday? If you didn't, you will soon - we're about to witness an avalanche of press timed to his birthday. Both Democrats and Republicans consistently pay tribute to Reagan's "optimism" and "strength." It was "Morning in America" and Reagan had an "unshakeable faith" in America. There is the iconic image of a Reagan with his cowboy hat. I imagine that even Reagan himself - the actor, performer and president - would be surprised by these uncritically reverential portrayals [continues 523 words]
Media Fawning Ignores His Disastrous "War on Drugs"! Did you know that former President Ronald Reagan turns 100 on February 6? If you didn't, you will soon -- we're about to witness an avalanche of press timed to his birthday. USA Today went big today with the Reagan birthday story, with a front page cover article and a whole editorial page reminiscing and reflecting on the legacy of "The Gipper". Their editorial page consists of short pieces by elected officials and VIPs, from President Obama to John McCain to Sarah Palin, weighing in on Reagan's legacy. [continues 731 words]
In Cases Involving Small Amounts, Some People Aren't Willing to Follow the Law in Court. It seemed a straightforward case: A man with a string of convictions and a reputation as a drug dealer was going on trial in Montana for distributing a small amount of marijuana found in his home -- if only the court could find jurors willing to send someone to jail for selling a few marijuana buds. The problem began during jury selection last week in Missoula, when a potential juror said she would have a "real problem" convicting someone for selling such a small amount. But she would follow the law if she had to, she said. [continues 1125 words]
Hard Time Given Even for Small Offenses Committed Before Rules Eased In August The Fair Sentencing Act passed this summer knocked down the requirement of long prison sentences for possession of crack cocaine, but a quirk in how the law was written has resulted in some defendants being sentenced under the old rules-and the situation could continue for years. Lawmakers who backed the change, with the support of the attorney general and federal sentencing officials, aren't pleased with the outcome. They said the new guidelines rectified an injustice born during the drug wars of the 1980s. Instead, the snafu has created a parallel universe where defendants face different rules for the same crimes-sometimes in front of the same judge-because their offenses were committed at different times. [continues 900 words]
Our nation's love affair with incarceration continues. In a case before the Supreme Court, California Gov. Arnold Schwarzenegger is arguing that judges have no right to tell states to reduce their prison populations. America's prisons, like many of our public schools, reflect our country's most shameful and profound failings. Last month, the U.S. Supreme Court took on one aspect of our nation's love affair with incarceration. In Schwarzenegger vs. Plata, the state of California has challenged a federal court order under the Prison Reform Litigation Act, which requires the state to reduce its prison population to deal with overcrowding. The court found that overpopulation is directly responsible for the failure of the California system to provide inmates with adequate physical and mental health services. California argues that the prison reduction order goes beyond the scope of the statute and infringes on the state's power. [continues 431 words]
The U.S. Justice Department is looking into the judicial actions of former Senior U.S. District Judge Jack Camp to determine if his past rulings were influenced by his use of drugs or by racial bias, U.S. Attorney Sally Quillian Yates announced Thursday. Yates' Atlanta office was recused from the Camp prosecution -- which resulted in Camp's Nov. 19 resignation after pleading guilty to three criminal charges. The initial prosecution and current investigation is under the auspices of the Public Integrity Section of the U.S. Justice Department. [continues 2509 words]
Two Iowa defense lawyers will take an Iowa case before the U.S. Supreme Court next week that could change how federal judges resentence convicts after appeals. At issue is whether judges can consider a convict's efforts at rehabilitation while his case is on appeal. The Iowa case embodies fundamental questions about fairness and second chances. Should society reward a convict for working to better himself when freed during an appeal? Or would that be unfair because no such consideration is possible for the initial sentence? [continues 2089 words]
Privatizing prisons may be "on the table" - as new Senate President Mike Haridopolus has said - but state leaders would be wise to avoid rushing to fast-track it. Privatization fits in nicely with Gov.-elect Rick Scott's plans to slash almost half of the state's $2.4 billion prison budget. The $1 billion cut in penal costs is part of Scott's efforts to make up the estimated $2.4 billion state budget shortfall Scott will inherit when he is sworn in as governor in January. [continues 354 words]
Standing two floors below his former courtroom, Jack Camp on Friday resigned as a federal judge and then pleaded guilty for his conduct in a sex scandal involving drugs, guns and a stripper. The calamitous fall of the white-haired, bespectacled jurist from a well-known Coweta County family began in March when he hooked up with an exotic dancer at the Goldrush Showbar in Atlanta. She gave him a table dance and her phone number, and then he began paying her for sex and using drugs with her. But by Oct. 1, the stripper had turned government informant and Camp was arrested by FBI agents in a parking lot after helping his lover consummate a drug deal. He spent the weekend in jail. [continues 840 words]
