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CBC Hosts "Rethinking Federal Sentencing Policy" Symposium

The Congressional Black Caucus
 Community Re-Investment Taskforce and the
Charles Hamilton Houston Institute for Race and Justice
at Harvard Law School
invite you to attend

"Rethinking Federal Sentencing Policy"
25th Anniversary of the Sentencing Reform Act
 
Wednesday, June 24, 2009 at 4:00 p.m.
 
U.S. House of Representatives
Committee on Ways and Means
1100 Longworth House Office Building
Washington, D.C.

 

Program

Welcome and Opening Remarks by
Rep. Eddie Bernice Johnson (TX)
 Rep. Danny Davis (IL)
Rep. Charles Rangel (NY)
 
Welcome and Introduction of Attorney General by
Rep. John Conyers (MI)
 
Remarks by
Eric Holder, Attorney General, U.S. Department of Justice
 
Introduction of Justice Breyer
Charles J. Ogletree, Jr. Executive Director, 
Charles Hamilton Houston Institute for Race & Justice,
Harvard Law School
 
Hon. Stephen Breyer, Associate Justice
Supreme Court of the United States
 
Kate Stith, Acting Dean
Yale Law School
 
Mandatory Minimums
 
Panel One: Rep Maxine Waters (CA)
History of Mandatory Minimums
 
Nancy Gertner, Judge, U.S. District Court for the
District of Massachusetts
Hon. J. Spencer Letts, Judge, U.S. District Court,
Central District of California
Eric Sterling, President, Criminal Justice Policy Foundation
 
Panel Two: Rep. Bobby Scott (VA)
The Need for Repeal, Including Legislative Update
 
A.J. Kramer, Federal Defender, Federal Public Defender of the
District of Columbia
Julie Stewart, President, Families Against Mandatory Minimums
Marc Mauer, Executive Director, The Sentencing Project
Margaret Love, Former Pardon Attorney, U.S. Department of Justice
 
Disparity Between Crack and Powder Cocaine
 
Panel Three: Rep. Sheila Jackson-Lee (TX)
 
Hon. Reggie B. Walton, Judge, U.S. District Court for the
District of Columbia
Hon. William Sessions, Vice Chairman, U.S. Sentencing Commission
Bruce Nicholson, Legislative Counsel, American Bar Association
David Kirby, Former United States Attorney for the
District of Vermont
 
Good Time, Community Corrections and Reentry
 
 Panel Four: Rep. Danny K. Davis (IL)
Hon. Ann Aiken, Chief Judge, U.S. District Court of the
District of Oregon
Loretta S. Martin, Chief Probation Officer for the Central
District of California
Harley G. Lappin, Director, Federal Bureau of Prisons
            Jane Browning, Executive Director, International Community Corrections Association
Kristen Mamer, Director Public Affairs, FedCure
Isaac Fulwood, Jr., Chairman, U.S. Parole Commission (Invited)
 

Contact: Bernard Moore, PhD, Senior Policy Fellow
Office of Congressman Danny K. Davis
202-360-7551
[email protected]

Blog

FOX News Says Marijuana Will Eat Your Soul

Or something like that. It's amazing what passes for science when it comes to selling scare stories about pot. You could send these people a press release saying that marijuana has been proven to increase your chances of turning into a lizard and they would publish something about it immediately. I guarantee it. It would never occur to them that there are no lizard people.
Blog

The Feds Are Giving Themselves New Drug War Powers

You see, the reason the drug war is going so badly is because it needs more power:

WASHINGTON (AP) — U.S. immigration agents soon will get expanded powers to fight Mexican drug cartels, Attorney General Eric Holder told Congress on Wednesday.

Elephants? If he gave them elephants, I'd be impressed for once. But actually it's a little more mundane than that:

Under a new deal aimed at settling a long-running turf dispute with the Drug Enforcement Administration, more agents from Immigration and Customs Enforcement would get authority to investigate drug cases.

Hell, they should give me the authority to investigate drug cases, because I see suspicious stuff going down on the streets of D.C. all the time. Of course, if the feds in Washington can't even win the drug war that's happening right under their nose, you gotta wonder why they think more drug investigations are going to change anything at the border.
Blog

Sharks Filled With Cocaine!!!

It was really just a matter of time if you think about it:

The lengths to which drug smugglers will go to conceal their consignments was revealed when the Mexican navy said it had seized more than a tonne of cocaine stuffed inside frozen shark carcasses.

Masked naval officers cut open more than 20 carcasses filled with slabs of cocaine after checking a cargo ship in a container port in the state of Yucatan. [The Guardian]

Maybe the drug traffickers should train live sharks to smuggle cocaine, because that would be awesome and nobody would mess with them. Actually, if the drug war continues long enough, it's statistically probable that it will happen.

Regardless, this is another one of those crazy stories that just shows how ridiculous the drug war has become. Things like this aren’t supposed to happen, and if our drug policy made any sense, they wouldn't.
Blog

How Many Innocent People Are in Jail on Drug Charges?

It's a question I've often pondered and one that anybody with strong opinions about drug policy should consider, regardless of where you stand on the issue. Surely, there exists no realistic formula with which to approximate an answer, but one need only observe and understand what the drug war is and how it works to know that grave injustices are forever embedded into the drug war equation.

The question resurfaced this week in an AP report that tells the story of Jose and Maximo Colon. The brothers were arrested and charged with cocaine distribution stemming from an alleged encounter with undercover officers in a sketchy NY bar. The case imploded when surveillance tape from the establishment revealed that the pair had simply not committed the crime or even interacted with the agents. They were arrested moments later by a back-up team, without a clue as to the reason why. Worse still, an outdoor camera captured footage of the undercover investigators "literally dancing down the street" afterwards, apparently pleased with their accomplishment.

It's a striking and gratuitous example of police misconduct to be sure, but the larger question is how many similar cases have led to convictions and prison time for their victims:

Jose quickly got the tape to defense attorney Rochelle Berliner, a former narcotics prosecutor. She couldn't believe what she was seeing.

''I almost threw up,'' she said. ''Because I must've prosecuted 1,500, 2,000 drug cases ... and all felonies. And I think back, Oh my God, I believed everything everyone told me. Maybe a handful of times did something not sound right to me. I don't mean to sound overly dramatic but I was like, sick.''

If it were only possible somehow to reveal the full scope of wrongful, fraudulent convictions in the war on drugs, I don't doubt that the entire nation would be stunned and sickened. Yet, for anyone who's paying attention, it's not necessary to fantasize about the true extent of injustice and corruption that the drug war has unleashed on innocent people. You can read about it in the newspaper all the time.

In Ohio, we saw a DEA agent indicted for helping frame 17 innocent people. In Atlanta, we saw police plant drugs in the home of an innocent 88-year-old woman after shooting her to death. In Tulia, TX we saw a rogue narcotics officer frame and arrest most of the black people in town. In Hearne, TX we saw the same damn thing. And across the country, we've seen dozens of innocent people who might well have ended up in prison if they hadn't been killed first by the police who raided their homes.

Behind all of this lies a matrix of perverse incentives, loose evidentiary requirements, and diminished accountability mechanisms that make mind-blowing miscarriages of justice more than inevitable. A central element of modern drug enforcement involves the use of informants, who trade information on other people for leniency in their own criminal cases. They have every incentive to lie and they do so constantly, as we've seen over and over again. Prosecutors offer leniency in exchange for "substantial assistance" in helping convict others, a practice that inherently favors the guiltiest party. Inevitably, those most directly involved in a criminal conspiracy are armed with names and other critical details that prosecutors crave, while peripheral players and innocent bystanders who become entangled in drug investigations are placed at a remarkable disadvantage.

Of course, it shouldn't be necessary to persuade anyone that our drug laws are designed to make things easy for police and hard for criminal suspects. These vast drug war powers are bestowed on police and prosecutors by legislators who are eager to provide law-enforcement with every necessary tool in the fight against crime. That much power creates countless innocent casualties even at the hands of our most honest public servants, and it's a nightmare when passed along to corrupt cops like the men who framed the Colon brothers.

Yet, when these dramatic fiascoes get exposed, police can often be found downplaying it and insisting that you can't fight the drug war without these sorts of aggressive and dirty tactics. If that's even remotely true, then the war on drugs is just far too filthy and corrupt to tolerate in a free and civil society.
Blog

Medical Marijuana Dispensaries Are Coming to Rhode Island

It's official:

PROVIDENCE, R.I. -- The House and Senate on Tuesday each overrode Governor Carcieri's veto of legislation allowing three "compassion centers" to dispense medical marijuana.

The Senate vote was 35 to 3. The House vote was unanimous, 67 to 0.
For the bill to become law, both houses were required to overide the veto of their own and the other house's bill. The measure is now in effect.

It's just inspiring to see an entire state legislature stand up in unison to protect patients. Carcieri's veto was driven by the same petty, false, and widely-refuted propaganda that's been deployed in desperation against medical marijuana legislation for more than a decade now:

In vetoing the bills, Carcieri said he thought "the increased availability, along with a complacent attitude, will no doubt result in increased usage, and will negatively impact the children of Rhode Island" and complicate the jobs of law enforcement officers.

Think about how remarkable it is that virtually the entire House and Senate of Rhode Island have come forth and firmly rejected this garbage. There was a time when reformers were all alone on this issue, yet today it is our opposition that stands isolated and estranged from public opinion.

The folks at the Rhode Island Patient Advocacy Coalition deserve a big round of applause for taking on this battle and winning by knockout.