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Race & Justice News: Inaugural Edition

Race & Justice News

Race & Justice News

 

In This Issue

·         Crack Cocaine Sentencing Reform Passed in U.S. Senate » GO

·         New Research on Race and Justice » GO

·         New Research on Race and Justice » GO



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March 25, 2010

Inaugural Edition of Race & Justice News

Welcome to the inaugural edition of Race & Justice News from The Sentencing Project. Each edition will bring you news coverage of research, advocacy, and policy developments regarding race and the criminal and juvenile justice systems throughout the country. Let your friends and colleagues know that they can subscribe to Race & Justice News by signing up on our Web site. 

We also welcome your submissions!  Contact Race & Justice News to submit news about race and justice developments from your area.

Crack Cocaine Sentencing Reform Passed in U.S. Senate

In an historic moment, legislation to reform the federal mandatory sentencing laws for crack cocaine offenses was adopted by unanimous consent last week in the U.S. Senate. The adoption of the mandatory penalties in 1986 established a 100 to 1 drug quantity ratio between crack and powder cocaine. Under the penalty structure established by Congress, sale of 500 grams of powder cocaine results in a mandatory five-year prison term, but just 5 grams of crack cocaine triggers the same penalty.

The compromise bill passed by the Senate would raise the crack threshold to 28 grams, thus lowering the disparity to 18 to 1. If adopted, the legislation would result in about 3,000 defendants a year receiving an average sentence 27 months less than under the current penalty structure. The legislation now moves to the House, where the Judiciary Committee had previously voted to approve a bill equalizing the penalties between the two drugs.

Although many advocates were disappointed that the Senate did not support full equalization of penalties, the compromise bill would still represent the first reform to crack sentencing since 1986.  See Washington Post  article on the legislation.

W. Haywood Burns Institute Launches DMC Map

The W. Haywood Burns Institute recently released a comprehensive, user-friendly juvenile justice data map that provides state and county-level information on juvenile justice-involved youth. The Burns Institute is a national leader in assisting states and localities with reducing the overrepresentation of youth of color in their juvenile justice systems through targeted, data-driven technical assistance. 

The map contains a synthesized presentation of publicly available one-day counts of juveniles held in public and private residential facilities. Data go back to 1997 and are disaggregated by race, ethnicity, and offense type for each state.  Information on youth involvement in the juvenile justice system, by race, for each stage in the juvenile justice system (i.e., arrest, referral, pre-trial detention, post-conviction placement, etc.) is also available.

New Research on Race and Justice

A new study of Seattle youth finds that a sample of Black youth were more likely to be contacted or arrested by police in the 8th grade than White youth, and that initial contact/arrest substantially increased the likelihood of arrest by the 10th grade.

The researchers sought a better understanding of the extent to which environmental factors explained these differences and found that, in addition to gender (male) and income (low), youth with parents who have been arrested, have a history of school disciplinary problems, socialize with negative peers, or associate in groups with deviant adults are more likely to have police involvement. The authors say these factors help explain the racial differences in police contact and arrest.

Crutchfield, R., Skinner, M., Haggerty, K., McGlynn, A., and Catalano, R. (2009). Racial Disparities in Early Criminal Justice Involvement. Race and Social Problems 1(1): 218-230.

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The Sentencing Project is a national, nonprofit organization engaged in research and advocacy for criminal justice reform.

 

Are dispensaries losing their bank accounts?

 

Dear friends,

Since June of 2008, ASA has been receiving calls from legally operating dispensing collectives stating that their business accounts have been closed by a variety of banking institutions.

These closures have occurred without explanation, and in many cases, without notice.   One collective even received an un-signed form letter dated 6 days AFTER the account had already been closed! 

Beginning in April of 2009, ASA has confirmed more attempts to shut down accounts by numerous financial institutions.  This is particularly concerning for us because this activity comes after the US Department of Justice disseminated its new policy re:  Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana.   

ASA is currently working with Members of Congress to investigate whether the US Department of Justice is involved. If you or someone you know has been a victim of this process, please share the details with ASA by replying to this message ([email protected]).

Thanks -

The ASA Team

Americans for Safe Access

Please support ASA!

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This Week: Statewide Events and Update

First, a big "thank you" to everyone who contacted their legislators concerning HB 1284-- the dispensary regulation bill.  Your efforts made a big difference (See legislative update below)

Upcoming Events

DURANGO:  Two free events this week featuring attorneys from Sensible Colorado!

(1) This Thursday (3/25), Know Your Rights training at Ft. Lewis College starting at 6:30pm.  Room TBA.  For more details contact:  [email protected]

(2) This Friday (3/26), Medical Marijuana Legal Seminar from 1-4pm at the Durango Public Library. 

DENVER:  Sensible Colorado will be tabling and giving a presentation at the Colorado Cannabis Convention on April 2-3 in Denver.  See details here. 

Statewide Legislative Update

On Monday, March 22, the Colorado House Judiciary Committee passed HB 1284, which will now continue to wind its way through the state house.  Thanks to pressure from Sensible Colorado and other activists, HB 1284 is in better shape and does not include a number of onerous provision including local dispensary bans and limits on where patients can live (i.e. near schools).  An updated version of this bill is available here. 

However, our fight is not over.  This bill still has a number of provisions which hinder safe access for patients, and we will continue to monitor and influence this bill moving forward.  Please consider supporting our important work by becoming a monthly donor today.

Finally, despite hearing from many concerned citizens, the provision which would have allowed veterans and other victims of Post Traumatic Stress Disorder (PTSD) to access medical marijuana, lost by one vote.  You can read an overview of this vote, with a quote from Sensible's Brian Vicente blasting the Health Department's opposition to this amendment here.

Last chance to vote

Dear friends:

This is your last chance to vote for a new member of MPP’s board of directors.  You can qualify yourself and vote here. 

(We hold this election every three years, when an elected board member’s term ends.)

Anyone who has donated to MPP or the MPP Medical Marijuana Political Action Committee in the last 365 days is eligible to vote. (Donations to MPP Foundation do not count for the purpose of determining eligibility for the MPP board vote.)  Voting ends on Wednesday, March 31, 2010.

I invite you to participate in the governance of MPP by voting today. Together we will end marijuana prohibition.

Sincerely,

Marsha Wallen's signature

Marsha Wallen
Director of Membership
Marijuana Policy Project
Washington, D.C.

Press Release: Free Premiere of ‘10 Rules for Dealing With Police’ to be held in Washington, D.C. Wednesday

MEDIA ADVISORY                                                                                                                                               

MARCH 23, 2010

Free Premiere of ‘10 Rules for Dealing With Police’ to be held in Washington, D.C. Wednesday

New Film Teaches Viewers How to Make Smart Decisions When Dealing With Police; Speakers To Follow

CONTACT: Mike Meno, MPP assistant director of communications …… 202-905-2030 or [email protected]

WASHINGTON, D.C. — Tomorrow, Wednesday, March 24, the Cato Institute in Washington, D.C., will host a free premiere of the new film “10 Rules for Dealing with Police.” Produced by the nonprofit group Flex Your Rights and funded in part by the Marijuana Policy Project, the new documentary discusses the constitutional rights of citizens and the proper protocol for dealing with police.

         The screening will be followed by comments from Baltimore trial lawyer William “Billy” Murphy, who narrates the film, and retired police detective Neill Franklin, now a member of Law Enforcement Against Prohibition. Tim Lynch, the director of the Cato Institute’s Project on Criminal Justice, will moderate.   

         WHAT: Free premiere screening of documentary film “10 Rules for Dealing with Police.”

         WHERE: Cato Institute, 1000 Massachusetts Ave., NW, Washington, D.C.

         WHEN: Wednesday, March 24, at noon.

WHO: Flex Your Rights filmmakers, Baltimore trial lawyer William “Billy” Murphy, LEAP representative Neill Franklin, and Tim Lynch of the Cato Institute. 

To watch a 10-minute trailer of “10 Rules,” go to http://flexyourrights.org/

         To register for the event, call 202-789-5229. News media can call Cato at 202-289-5200.

         With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.mppp.org.

####

Please help support the VCL

Banner Image

 

Your critical support is needed now to continue our important work.

Dear friends,

This is a very exciting time for drug law reform across the country, as state legislatures are taking significant action and promising ballot initiatives are coming up this fall in many states. 

As a state legislator myself, I've seen how the current economic and budget crises have made drug law reform more likely. As we struggle with a historic budget shortfall, my colleagues in the Washington State Legislature are more receptive than ever to drug policy reform, acknowledging the extravagant waste of our current policies. We've made great progress this year, especially on marijuana policy.

And Washington State is not alone -- state legislatures around the country are figuring out how to deal with their own budget crises.  This fiscal bad news is good news for drug policy reform as policy makers are forced to examine more cost-effective measures than interdiction, incarceration and the other expensive tools of our prohibition-based approach.

WE NEED YOUR HELP.  The Voluntary Committee of Lawyers is aggressively organizing the legal and professional communities in key states around the country to promote drug law reforms and to educate local opinion leaders, legislators and other policy makers.  At this critical time we need your help to keep our momentum with numerous state and local projects:

  • The VCL is working intensively with bar associations in Wisconsin, Massachusetts, New York, Florida, Rhode Island, Montana and other states to publish further reports and to sponsor public forums in the fall of 2010, raising awareness among public officials and the public at large on the wisdom and practicality of drug law reforms.
  •  In Washington State, the presidents of the King County Bar Association and Washington State Bar Association testified before the legislature in support of the decriminalization of marijuana.  This support came after years of work by the VCL's flagship project, the KCBA Drug Policy Project, to pass resolutions by both bars in support of marijuana reform.
  • In Colorado, the legislature is poised to reduce drug sentences and increase rehabilitation due to the work of the Colorado Commission on Criminal & Juvenile Justice, the result of years of effort by the Colorado Bar Association’s Criminal Sentencing Project, an initiative formed with the close guidance of the VCL.  The VCL continues to consult very closely with leading legislators in Colorado to bring about further reforms.
  • The American Bar Association is holding a presidential showcase at its Annual Meeting in San Francisco in August on "Marijuana Regulation and Federalism: A Clash of State and Federal Policy."  This forum is a part of the continued efforts by the Washington State Bar Association, the KCBA Drug Policy Project and the VCL to bring a significant resolution on marijuana reform before the ABA.

Like the states, the VCL's budget is also in trouble right now.  To continue our important work, we need support from people like you who understand the power of organizing attorneys, doctors and other professionals to educate public officials and endorse needed reforms to drug policies.

Be a part of the solution and please contribute at the $50, $75 or $100 membership levels, or set up convenient monthly payments.  Join our call for change by signing on to our Open Letter.  If you are ready to start a committee in your local or state bar association to study the drug problem and your community's approach, this is the perfect time to get our expert advice. We appreciate whatever level of support works for you!

Sincerely,

 

 

Roger Goodman

Executive Director

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Please visit our website at www.VCL.org.

Donate to our cause here.

The Voluntary Committee of Lawyers is a 501(c)(3) nonprofit corporation.

 


10 Rules for Dealing with Police Film Premiere & Webcast

Dear friends:

The Washington, DC premiere and live webcast that was cancelled on Feb. 12 has been rescheduled!

Flex Your Rights invites you to attend...

10 Rules for Dealing with Police

FILM PREMIERE!
Wednesday, March 24, 2010
?
Noon
?
(Luncheon to follow)

Cato Institute
1000 Massachusetts Ave., N.W.
Washington, D.C.

with comments from

William "Billy" Murphy, Jr.
Attorney and
10 Rules Narrator

and
Neill Franklin
Law Enforcement Against Prohibition

moderated by
Tim Lynch
Director, Project on Criminal Justice, Cato Institute

If you can make it, please register now. Seating is limited.

If you can't make it to DC, that's okay. You can visit this page to watch the live event.

If you haven't done so yet, pre-order your 10 Rules DVD today for only $15.00. Orders will ship by March 23. (Check out the sexy 2-minute video preview.)

Sincerely,

Steve

 

Press Release: MPP Calls for National Boycott of Wal-Mart

FOR IMMEDIATE RELEASE                                                                                                                                 

MARCH 16, 2010

MPP Calls for National Boycott of Wal-Mart

Corporation Fired a Michigan Patient For Using Medical Marijuana Under State Law With a Doctor’s Recommendation

CONTACT: Mike Meno, MPP assistant director of communications …… 202-905-2030 or [email protected]

WASHINGTON, D.C. — Today, the nation’s largest marijuana policy reform organization called upon shoppers across the country to boycott Wal-Mart Stores, Inc., in order to protest the unjust and potentially unlawful firing of Joseph Casias, a 29-year-old medical marijuana patient and sinus cancer survivor who suffers from an inoperable brain tumor. Casias’s cancer is in remission, and marijuana alleviates his pain that resulted from it. The Marijuana Policy Project is asking shoppers to demand that Wal-Mart abandon its discriminatory policy of firing employees who are legal medical marijuana patients under state law.

         After dutifully working at a Wal-Mart in Battle Creek, Michigan, for five years, Casias was suddenly terminated because he tested positive for marijuana during a drug screening administered after he sprained his knee on the job. Casias, who was named store Associate of the Year in 2008, is a registered medical marijuana patient in Michigan, where it is legal to use medical marijuana with a doctor’s recommendation.

         “It’s despicable that Wal-Mart would fire such a hardworking and seriously ill employee simply for treating his symptoms with a medicine that he is authorized to use under state law,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project and lead drafter of Michigan’s medical marijuana law. “Would Wal-Mart also fire someone for taking doctor-prescribed Percocet, or any of the other legal medications sold in many of Wal-Mart’s own stores?”  

         Casias’s firing violates the “Michigan Medical Marihuana Act,” which reads in part that a qualifying patient shall not be “denied any right or privilege, including but not limited to … disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana.” Under the law, the definition of “medical use” contains “internal possession”— having marijuana in one’s system. The law does not require employers to allow the “ingestion of marihuana in any workplace” or employees to work while under the influence, but there is no allegation that Casias used marijuana at work or worked while impaired.  To add further insult to injury, Wal-Mart is contesting Casias’s eligibility for unemployment.

         With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.mpp.org.

####

Stop Wal-Mart from discriminating against medical marijuana patients!

Dear friends:

Joseph Casias, a medical marijuana patient and cancer survivor in Michigan, has been fired by Wal-Mart simply for following his doctor's recommendation and trying to ease his pain.

Just 29 years old, Joe has already survived sinus cancer and now suffers from an inoperable brain tumor. He's spent the last five years working at a Wal-Mart in Battle Creek, Michigan and was honored as the store's Associate of the Year in 2008. Joe also happens to be a legal medical marijuana patient, registered with the state of Michigan. After a recent workplace injury, Joe was given a drug screen — which he failed because of his medical marijuana use.

Rather than having compassion and understanding for a model employee who was following the law, Wal-Mart fired Joe and has recently contested his unemployment benefits.

Will you help us send a message to Wal-Mart that punishing medical marijuana patients who are trying to get better, following their doctor’s advice, and adhering to state law is cruel and unacceptable?

MPP is calling on our members to boycott Wal-Mart until it abandons its discriminatory policy of firing employees who are legal medical marijuana patients under state law. Please help us send a message to Wal-Mart CEO Michael Duke that you don't support Wal-Mart’s policy and won't be shopping there until it’s changed.

Check out this video of local activists in Michigan protesting Wal-Mart’s actions. Together, we can let Wal-Mart and other businesses know that discrimination against medical marijuana patients will not go unchallenged.

Sincerely,

Karen O'Keefe's signature

Karen O'Keefe
Director of State Policies
Marijuana Policy Project
Washington, D.C.

LEAP's Dispatches from the Front Line...March 2010

                                                            March 2010

Not a Member Yet?
Anyone Can Join!



Forward this Message to a Friend!

Dear friends:

Freedom of speech is an invaluable and fundamental element of democracy, and LEAP's speakers are committed to speaking out about their personal experiences serving in the "war on drugs."  Recently, active duty Canadian police officer and LEAP speaker David Bratzer was scheduled to speak on a panel at a City of Victoria harm reduction forum.  Victoria Police Department leadership intervened, ordering Bratzer not to speak at the forum. 

Constable Bratzer has spoken policy about drug policy on many occasions, including a Senate Committee meeting in Ottawa.  He speaks on his own time, out of uniform, and always clearly states that his views do not reflect those of the Victoria Police Department, but the department said people would be "confused" if Bratzer were to speak on an issue of public policy at the forum. 

The criticism of harmful and ineffective drug policy by the law enforcement professionals tasked with upholding these policies serves the public interest.  It is crucial to protect the rights of law enforcers to publicly express their views on drug prohibition, especially in relation to harm reduction.  If you believe censorship is unfair, please visit
www.CopsSayLegalizeDrugs.com/FreeSpeech and add your name to the petition supporting cops like David Bratzer who speak out against unjust and ineffective drug policies even while they risk their lives enforcing them.

LEAP is at the forefront of drug policy reform, and our speakers have a credibility that cannot be ignored.  Recently, an anonymous donor pledged to match, dollar for dollar, all donations made to LEAP up to $50,000.  This is a wonderful vote of confidence in LEAP and a perfect opportunity for you to see your donation doubled!  Please support our work by making a contribution to LEAP today.  Here are just a few of the issues our speakers have been working on…

-LEAP Staff

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Slowly, Limits On Pot Are Fading


USA Today speaks to Judge Jim Gray in a front-page feature article

James Gray once saw himself as a drug warrior, a former federal prosecutor and county judge who sent people to prison for dealing pot and other drug offenses.  Gradually, though, he became convinced that the ban on marijuana was making it more accessible to young people, not less. 

"I ask kids all the time, and they'll tell you it is easier to get marijuana than a six-pack of beer because that is controlled by the government," he said, noting that drug dealers don't ask for IDs or honor minimum age requirements. 

So Gray -- who spent two decades as a superior court judge in Orange County, Calif., and once ran for Congress as a Republican -- switched sides in the war on drugs, becoming an advocate for legalizing marijuana.

To continue reading the article on Judge Jim Gray, please
click here.

~~~~~~~~~~~~~~~~~~~~~~

Vote to Change Drug Policy in America

LEAP speaker and former U.S. Navy Intelligence Specialist Larry Talley's idea - legalize the medicinal and recreational use of marijuana - is currently in first place in Change.org's Top 10 Ideas for Change in America, a national competition to select the best ideas from across the country and turn them into reality.  Please take a moment to read Larry's idea and cast your vote! Voting ends on March 12.


~~~~~~~~~~~~~~~~~~~~~~

Fighting a Losing Battle

Peter Christ
in The Leader-Herald

After 20 years in law enforcement, Peter Christ is familiar with the war on drugs.
Christ said as a police officer, drug arrests were the only arrests that made no difference to his community. When the media speaks of drug-related violence, he said, what's really happening is money-related violence. Eliminate one kingpin of the drug trade in a certain area and violence escalates until a new one is found, he said.

"It's a failed policy," he said. "You arrest one, but the market is so big and there's so much money there that their spot gets filled quick."

Christ pointed out that even prisons are not drug-free. He said the war on drugs is simply another word for prohibition, and because of free choice, prohibition simply does not work.

"If people want to do something, they're going to find a way to do it," he said. "If we can't even keep drugs out of prison, how can we keep them out of a free society?"

To read the complete article on Peter Christ, please
click here.


~~~~~~~~~~~~~~~~~~~~~~~~

The Fake Weed Fight

The American Prospect speaks to Norm Stamper

The Prospect asked LEAP member and former Seattle police chief Norm Stamper a few questions about liberalizing drug policy, K2, and what fake pot suggests about a misguided war on drugs.

When people think about police chiefs, liberalization of drug policy is probably not the first thing that jumps to mind. So why are you against drug prohibition, and what prompted you to join LEAP?

My first epiphany was back when I was a rookie beat cop back in San Diego. I had arrested a 19-year-old, a young man who was in possession of marijuana, not a saleable amount, in his own home. But given the circumstances, I kicked in his door, I chased him to his toilet, I scooped up a handful of soggy seeds and stems and a few leaves. And I took him to jail.

On the way to jail, he's sitting in the backseat, and I'm thinking, "My God, I could be doing real police work." And it kind of hit me like a ton of bricks. I'm going to spend a couple hours, minimum, writing case reports, an arrest report, impounding the pot, and booking him into jail. . .

 To continue reading Norm Stamper's interview, please
click here.

~~~~~~~~~~~~~~~~~~~~~~~~

Ready to do more?

Want to help LEAP
while having fun?

Join the LEAP Rapid Response Team to help shape the conversation around the world.

It is easy, quick and can be done from home.

Learn More

LEAP's Top Bookers

LEAP is fortunate to have incredibly dedicated volunteers.  Over the past three months we have been running a contest to see which of our volunteer venue bookers could secure the most presentations for LEAP, and we are pleased to announce the winners:

Matthew Rifkin, First Place

Hilo, Hawaii

Favorite thing about booking for LEAP: "Telling people who I call that a police officer wants to talk about legalizing drugs… say WHAT?"


Katharine Celentano, Second Place (tied)

Irvington, New York

Favorite thing about booking for LEAP: "Impossible to choose, as there are so many excellent arguments for legalization and so many reasons why LEAP is integral to ending prohibition.  What originally sparked my interest: the criminalization of addiction - a health condition - is cruel and ineffective, an egregious trespass on human rights and dignity.  Booking for LEAP partially eases the heartbreak of watching what some of my friends have gone through.  I feel an urgent need to be part of the solution, and helping LEAP is part of that solution."

Lindsay Akin, Second Place (tied)

Heflin, Louisiana

Favorite thing about booking for LEAP: "The feeling of accomplishment I get from knowing we are truly making a difference.  I could not be more proud to be a part of this organization."


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Remembering Jerry Paradis

We are all saddened to say goodbye to Law Enforcement Against Prohibition board member Judge Jerry Paradis, who passed recently from cancer. Jerry's rare combination of expertise and compassion will be impossible to replace.

Having presided over 1,000 drug-related cases in the Provincial Court of British Columbia before his retirement in 2003, he came to realize that drug policy, not simple drug use, was responsible for so much unnecessary death, disease, crime and addiction. Working within the constraints of the legal system he was able to combine his sensible, empathetic side with the intellectual rigors of jurisprudence.

Above all, Jerry was a kind, thoughtful and supportive friend. He had a wonderful, down to earth quality that made people gravitate to him and respect his judgment. He played a pivotal role in stabilizing LEAP and helping it to remain vibrant.

He will be missed.

- Jack Cole, Executive Director


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

All of this work happens because of generous donations from our supporters.
Your gift to LEAP is tax-deductible.
Donate now to show your commitment to ending the war on drugs.

           

121 Mystic Ave. Suites 8&9
Medford, MA 01255
(781) 393-6985
[email protected]

Law Enforcement Against Prohibition is an ever-expanding group of criminal justice professionals and civilian supporters calling for an end to the war on drugs. Trained criminal justice professionals are available to speak to your club or association about their experiences in the drug war and the need to create drug policies that stand the test of reason. Invite a speaker to your town today.

You received this e-mail because you are a supporter of Law Enforcement Against Prohibition.   We need help growing our all-encompassing movement of citizens who want to end the failed "war on drugs," so please invite your family and friends to learn about LEAP.