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Monday, November 17, 2014
The Marshall Project gets AG Holder to talk about his criminal justice reform work
I am pleased to see that The Marshall Project is now running full steam and has now lots of notable new content on its slick website. Though I am concerned that this notable criminal justice media project, like some others, may end up focusing too much attention on the death penalty, it seems clear that The Marshall Project is going to have lots of material that sentencing fans will want to follow regularly.
Most notably today, The Marhsall Project has posted this exclusive interview with outgoing Attorney General Eric Holder. The piece is headlined "Eric Holder on His Legacy, His Regrets, and His Feelings About the Death Penalty," though I consider the discussion about drug sentencing reform to be most interesting. The piece is a must-read, and here is how it gets started:
The Marshall Project: You've been pretty outspoken on criminal justice issues across the board – more outspoken than your boss, actually. What would you single out as your proudest accomplishment in the area of the criminal justice system, and what would you single out as your biggest disappointment?
Holder: In January 2013 I told the people in the Justice Department after the re-election that I wanted to focus on reforming the federal criminal justice system. I made an announcement in August of that year in San Francisco, when we rolled out the Smart on Crime initiative. It was a way of breaking some really entrenched thinking and asking prosecutors, investigators, the bureaucracy – to think about how we do our jobs in a different way – to ask the question of whether excessively long prison sentences for nonviolent offenders really served any good purpose, how we used enhancement papers, moving discretion to prosecutors and asking them to make individualized determinations about what they should do in cases, as opposed to have some big policy sent to them from Washington.
And I think that by and large – not without opposition, to be totally honest – the federal system has embraced that vision. And I think that we have started to see the kind of changes that I hoped we would see.
[MP]: And the biggest disappointment?
Holder: I'm proud of the fact that – in 2010, I guess – we reduced that ratio, the crack-powder, from 100-to-1 to about 17- or 18-to-1. I'm still disappointed that, given the lack of a pharmacological distinction between crack and cocaine, the ratio is not 1-to-1. You know, it was the product of a lot of hard work that the president was intimately involved in. But I think he would agree with me that that number should be at 1-to-1.
[MP]: Before the second term is over, could there be a push for a 1-to-1 ratio?
Holder: That is something that I know the president believes in, that I believe in. One of the things that I'd like to see happen before the end of this administration is that there would be a drug court in every district in this country. As I speak to my successor, the 83rd Attorney General, and as I speak to the president, I'm going to push them to make that a goal for this administration, to have a drug court in every district by the end of Barack Obama's second term.
November 17, 2014 in Drug Offense Sentencing, Federal Sentencing Guidelines, Who Sentences? | Permalink | Comments (0) | TrackBack
Friday, November 14, 2014
Over lengthy dissents, en banc Eleventh Circuit shuts 2255 door to claims based on advisory guideline misapplication
The Eleventh Circuit has today provided some special weekend reading for hard-core federal sentencing fans with a special interest in finality issues (which, I realize, might be a small group). Specifically, the en banc ruling together with dissents in Spencer v. US, No. 10-10676 (11th Cir. Nov. 14, 2014) (available here), runs more than 100 pages. More than three-quarters of those pages come from the dissents to a majority opinion (per Judge William Pryor) that begins this way:
This appeal concerns whether a federal prisoner may relitigate an alleged misapplication of the advisory United States Sentencing Guidelines in a collateral attack on a final sentence. After he pleaded guilty to distributing cocaine and we affirmed the judgment against him, Kevin Spencer moved to vacate his sentence of imprisonment, 28 U.S.C. § 2255, for an alleged error in the application of the advisory guidelines. Spencer argues that an intervening decision of the Supreme Court, Begay v. United States, 553 U.S. 137, 128 S. Ct. 1581 (2008), makes clear that the district court and this Court erroneously classified him as a "career offender" based on a prior conviction for felony child abuse, which he argues is not a "crime of violence." United States Sentencing Guidelines Manual § 4B1.1 (Nov. 2006). Spencer maintains that this alleged error represents a "fundamental defect which inherently results in a complete miscarriage of justice," Hill v. United States, 368 U.S. 424, 428, 82 S. Ct. 468, 471 (1962), that can be revisited on collateral review. We disagree.
Spencer cannot collaterally attack his sentence based on a misapplication of the advisory guidelines. Spencer's sentence falls below the statutory maximum, and his prior conviction for felony child abuse has not been vacated. Spencer's sentence was and remains lawful. We affirm the denial of Spencer's motion to vacate his sentence.
At the very end of a very long week, I cannot do justice to the majority opinios or the dissents in this space, so I will close by quoting from the start of one of the dissents (per Judge Jordan) to highlight the human story at the center of the legal debate in Spencer:
At the end of the day, what constitutes a fundamental defect resulting in a complete miscarriage of justice comes down to a matter of considered judgment. In my judgment, having an individual serve an additional 81 months in prison due to an erroneous career offender designation under the advisory Sentencing Guidelines constitutes such a miscarriage of justice, and for that reason I respectfully dissent.
Kevin Spencer is serving more than 12 years in prison (151 months to be exact) for selling $20 worth of crack cocaine. The panel found, see Spencer v. United States, 727 F.3d 1076, 1100 (11th Cir. 2013), the government now concedes, see En Banc Brief for the United States at 57-58, and the majority does not dispute, that Mr. Spencer's mistaken career offender designation more than doubled his advisory sentencing range from 70-87 months to 151-188 months. For those of us familiar with — and sometimes numbed by — the ranges produced by application of the Sentencing Guidelines, it may be easy to overlook the dramatic increase resulting from the error. To put it in perspective, the 81-month increase is roughly the time needed to complete both college and law school.
Mr. Spencer timely and consistently objected to the career offender designation, only to be told he was wrong. As it turns out, he was right. Unfortunately, the majority now rules that Mr. Spencer cannot use 28 U.S.C. § 2255 to correct the error.
November 14, 2014 in Advisory Sentencing Guidelines, Drug Offense Sentencing, Offender Characteristics, Procedure and Proof at Sentencing, Sentences Reconsidered | Permalink | Comments (7) | TrackBack
Wednesday, November 12, 2014
Federal judge wonders if marijuana sentencing should be impacted by state reforms
As reported in this Oregonian article, a "federal judge in Portland last week delayed the sentencing of a convicted bulk marijuana runner from Texas, saying he needed to get a better read on the U.S. Department of Justice's position on the drug before imposing a sentence." Here are more details:
U.S. District Judge Michael W. Mosman, presiding on Thursday in the case of U.S. v. Bounlith "Bong" Bouasykeo, asked lawyers if the vote in Oregon and a similar vote in Washington, D.C., signal "a shift in the attitude of people generally towards marijuana."
"I guess I'm curious whether I ought to slow this down a little bit," he asked lawyers, according to a transcript of the hearing obtained by The Oregonian. Under federal law, marijuana in any form or amount remains illegal.
Mosman wondered aloud if there was any move afoot to take a different position on marijuana enforcement in Oregon. This was not to suggest – he hastened to add – that he agreed on marijuana legalization. The judge wondered whether his position on sentencing ought to move a notch in the defendant's favor because of the nation's evolving view of pot.
"I'm not suggesting that what's on the table is that the whole case ought to go away or anything like that," the judge said. "But would something like that at the margins have some sort of impact on my sentencing considerations? I think I ought to take into account any evolving or shifting views of the executive branch in determining the seriousness of the crime?
"Should I delay this, in your view, or go ahead today (with sentencing)?" After hearing arguments from the lawyers, Mosman decided to delay Bouasykeo's punishment.
November 12, 2014 in Drug Offense Sentencing, Marijuana Legalization in the States, Offense Characteristics, Pot Prohibition Issues, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (2) | TrackBack
Thursday, November 06, 2014
"After the Cheering Stopped: Decriminalization and Legalism's Limits"
The title of this post is the title of this notable and timely paper by Wayne Logan which I just saw on SSRN. Here is the abstract:
To the great relief of many, American criminal law, long known for its harshness and expansive prohibitory reach, is now showing signs of softening. A prime example of this shift is seen in the proliferation of laws decriminalizing the personal possession of small amounts of marijuana: today, almost twenty states and dozens of localities have embraced decriminalization in some shape or form, with more laws very likely coming to fruition soon.
Despite enjoying broad political support, the decriminalization movement has however failed to curb a core feature of criminalization: police authority to arrest individuals suspected of possessing marijuana. Arrests for marijuana possession have skyrocketed in number in recent years, including within decriminalization jurisdictions. This essay examines the chief reasons behind this disconnect, centering on powerful institutional incentives among police to continue to make arrests, enabled by judicial doctrine that predates the recent shift toward decriminalization. The essay also identifies ways to help ensure that laws decriminalizing simple marijuana possession, as well as other low-level offenses, better achieve decriminalization's goal of limiting the arrest authority of police and the many negative personal consequences of arrest.
November 6, 2014 in Drug Offense Sentencing, Pot Prohibition Issues, Sentences Reconsidered, Who Sentences? | Permalink | Comments (1) | TrackBack
Wednesday, November 05, 2014
California sentencing reform initiative Prop 47 wins big getting almost 60% support
As repoted in this Huffinton Post piece, "California approved a major shift against mass incarceration on Tuesday in a vote that could lead to the release of thousands of state prisoners." Here are the basics from a piece headlined "California Voters Deal Blow To Prisons, Drug War":
Nonviolent felonies like shoplifting and drug possession will be downgraded to misdemeanors under the ballot measure, Proposition 47. As many as 10,000 people could be eligible for early release from state prisons, and it's expected that courts will annually dispense around 40,000 fewer felony convictions.
The state Legislative Analyst's Office estimates that the new measure will save hundreds of millions of dollars on prisons. That money is to be redirected to education, mental health and addiction services -- a novel approach that reformers hope will serve as a model in the larger push against mass incarceration.
This official webpage with California ballot measure voting results reports that Prop 47 received 58.5% of votes in support. This big margin of victory strikes me as big news that can and should further propel the political narrative that, at least in some places, significant numbers of voters are significantly interested in significant sentencing reform.
November 5, 2014 in Drug Offense Sentencing, Offense Characteristics, Scope of Imprisonment, Who Sentences? | Permalink | Comments (1) | TrackBack
Tuesday, November 04, 2014
US District Judge Kopf reports on retroactive implementation of new reduced federal drug guidelines in Nebraska
As noted in this post from last week, the start of November2014 marked the official start for the new reduced federal guidelines for drug offenses put in place by guideline Amendment 782. At his great blog, US District Judge Richard Kopf has this lengthy new post on the practicalities of implementing the Amendment's retroactivity in his district. I recommend the whole post, from which these excerpts are drawn:
I will take a moment to describe the implementation of Amendment 782 in the District of Nebraska. We are a small district with a large criminal case load, especially including drug cases. As of June 30, 2014, on a per-judge basis, we ranked seventh in the nation and first in the Eighth Circuit for criminal cases. Indeed, Amendment 782 may impact over 700 offenders previously sentenced in our court. Behind the scenes, the implementation of Amendment 782 has had a huge impact on us as we try to fully and fairly implement this important retroactive change to the Guidelines.
With 700 offenders potentially eligible for a sentencing reduction, our district decided that every potentially eligible offender would have his or her case individually scrutinized whether or not a motion had been filed and that every such offender would have a lawyer. After conferring with the United States Attorney, the Federal Public Defender and our probation office, we issued general (standing) orders....
Four people are responsible for superintending the implementation of Amendment 782: two very senior United States Probation officers who are experts in the Guidelines; the head of the drug prosecution unit of the US Attorney's office; and the Federal Public Defender. They have cooperated nicely, and have established internal operating protocols between them. After the Clerk's office tracked down the whereabouts of each of the 700 or so offenders through the Bureau of Prisons (a huge task), the group of four sensibly decided upon a "triage" plan. Offenders who are eligible for release on the earliest possible date (November 1, 2015), get attention first. Offenders who are eligible later receive attention later.
Ultimately, the Federal Public Defender, or one of his assistants or a Criminal Justice Act panel lawyer, will file a motion for relief when the group of four decide that the time is right. A probation officer will submit and file as a restricted document a worksheet that includes a calculation under Amendment 782 and the Guidelines. That worksheet will also include a report on the offender's institutional adjustment and the probation officer's recommendation about whether relief should be granted....
After the motion is filed, and the worksheet is submitted, the prosecutor and defense lawyer will confer and in most cases a stipulation will be reached. Assuming a stipulation is reached, it will be filed. After that, and without a hearing, relief will normally be granted. If no stipulation can be reached, then in my cases a hearing will be held.
It is possible that a judge might tentatively conclude not to follow a stipulation. While I cannot speak for the other judges, in my cases, I will hold a hearing to give the parties an opportunity to be heard. Whether or not the defendant will be present at such a hearing has yet to be determined by me. In the past, if a dispute of fact arose and the offender could be expected to have unique knowledge of the facts, I have not hesitated to give the offender an opportunity to appear and testify. It is probable that I will follow the same approach for Amendment 782 factual disputes where the testimony of the offender is critical to the fair resolution of the matter. However, in the huge majority of cases, this will not be necessary.
In summary, the equitable and effective implementation of Amendment 782 requires a lot of "behind the scenes" work. We are fortunate to have the cooperative, but always zealous, assistance of prosecutors and defense lawyers, aided by a probation office that is second to none.
November 4, 2014 in Drug Offense Sentencing, Federal Sentencing Guidelines, Procedure and Proof at Sentencing, Sentences Reconsidered | Permalink | Comments (3) | TrackBack
Will Election 2014 speed up or slow down the marijuana reform movement?
This new Quartz piece, headlined "However the US votes on marijuana today, it's 2016 that really matters," highlights that the marijuana reform movement will march on even if voters this election cycle reject various reform initiatives now on the ballot:
There are three marijuana ballot initiatives in today's midterm elections — in Alaska, Oregon and Washington DC — where voters will decide on outright legalization of recreational marijuana. In a fourth ballot, in Florida, voters will vote on a proposed amendment to the state's constitution, which would legalize medical marijuana. Initiative 71 in the nation's capital is the only ballot that looks certain to pass. The remaining three are expected to go down to the wire.
While passage of these ballots could potentially signal growing momentum for the pro-marijuana legalization movement nationally, marijuana advocates are looking to the 2016 general elections as a more accurate barometer of where they stand within the American cultural and political mainstream. The reason being is that more younger and minority voters — groups who polls show support marijuana legalization in higher numbers — vote during quadrennial general elections, while the electorate tends to be older and more conservative in the midterms.
At least five US states — Arizona, California, Maine, Massachusetts and Nevada — will hold ballot initiatives in 2016. And the diverse political makeup of those states, from the conservative battleground of Arizona to the liberal hotbed of Massachusetts, means that success at the ballot box would show that legalization spans the political and ideological spectrum, says Mason Tvert, spokesperson for the Marijuana Policy Project. "Whatever happens Tuesday, we don't see a step backwards for the movement going into 2016," Tvert tells Quartz. "Public opinion is on our side, it is only going in one direction, and that is toward an end to marijuana prohibition in this country."
Though it is a near certainty that marijuana reform issues will be an even bigger part of the political conversation in 2016 than in 2014, I expect the final voting results in Alaska, Florida, Oregon and Washington DC will have a huge impact on the tenor and tenacity of those advocate pushing for and resisting reform. If most of the reform initiatives pass in this year, advocates for reform will be able to continue a narrative of legalization's inevitability it will become every harder for serious candidates for state and federal offices to avoid discussing this issue. But if all of these initiatives fail, opponents of reform can and will assert that the voters are already starting to turn away from supporting legalization now that they are seeing what it really means in a few states.
Over at Marijuana Law, Policy & Reform, I have completed this series of posts on the dynamics in play in the three states with big reform initiative on the ballot:
Election 2014 Buzz: looking forward to close votes in Alaska, Florida and Oregon (and DC?)
Election 2014 Buzz: could Alaska be the best of all legalization laboratories?
Election 2014 Buzz: could older voters in Florida get medical marijuana initiative to 60%?
Election 2014 Buzz: will second time be the charm for legalization in Oregon?
November 4, 2014 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (0) | TrackBack
Monday, November 03, 2014
Arguing for releasing all drug prisoners and reparations to "right the drug war's wrongs"
Lucy Steigerwald has this provocative new Washington Post blog/commentary piece headlined "Sentencing reform and how to right the drug war's wrongs." Here are excerpts:
On November 1, the U.S. Sentencing Commission's plan to reform sentencing for certain drug crimes went into effect. The details were hammered out back in April and July, and they could have been challenged by Congress. Thankfully, Congress declined to do so, and now the commission has a chance at helping nearly half of the 100,000 inmates in federal prison come home earlier than they otherwise would have.
For decades, the war on drugs rolled onward, leaving a pulpy mass of casualties in its wake. But since at least 2012, when Colorado and Washington state legalized recreational use of marijuana, there has been some serious strides against this dangerous domestic policy. Generally, however, any progress made on drugs has been confined to changing the legality of substances....
Even the tentative, good-but-not-good-enough Fair Sentencing Act, which reduced the sentencing disparity between crack and cocaine in 2010, was initially not retroactive until the USSC voted to make it so.... The USSC is doing something more substantial still with their new guidelines, which allow for retroactive petitioning for reduced time in prison starting in November 2015. Prisoners may begin petitioning for these reductions now, however. Unfortunately, those sentences cannot fall below the mandatory minimums, which can only be changed by Congress. Ideally, the Justice Safety Valve Act, introduced by Sens. Rand Paul (R-Ky.) and Patrick Leahy (D-Vt.), which would give judges more flexibility to depart from mandatory minimums, will be eventually signed into law, allowing for some of the damages wrought by these mandatory sentences to be mitigated.
In addition, even though the sentencing reforms help the federal prison population, we are very far from instituting anything as optimistic on a statewide level. Most of the some-400,000 state prisoners in jail on drug-related crimes are out of luck unless they get individual commuting of their sentences.
As the war on drugs loses popularity, the question of what to do about the lives ruined and interrupted is going to come up again and again. One of the more fascinating, though politically unrealistic suggestions for what to do about this mess is one offered by a Green Party candidate for governor of New York: Howie Hawkins suggests releasing all drug prisoners, and putting together a "panel on reconciliation" between them and their communities and governments. They want voting rights restored, school grants restored, help for children of the former cons, and prevention of would-be employers asking about criminal histories. They even suggest full-on reparations for "the communities affected."
This won't pass muster, probably not even in the most liberal states. The slow reforms being offered by the USSC, and criminal justice advocates like Sen. Paul might be all we get. But the reparations idea does present a question of what society should do after the madness of a moral panic dims, and the end result turns out to be 2.3 million people in prison or jail. Most people wouldn't object to a payment to any of the 147 people freed from death row, especially those who turned out to be unequivocally innocent. What happens when we realize that neither possessing nor selling drugs is a real criminal act? Doesn't that suggest that we have a lot of innocent people in prison who will need a lot of help in restarting their lives?
November 3, 2014 in Drug Offense Sentencing, Prisons and prisoners, Purposes of Punishment and Sentencing, Sentences Reconsidered | Permalink | Comments (3) | TrackBack
"Narcotics Prosecutors as Problem Solvers"
The title of this post is the title of this intriguing little new piece by Mark Osler now available via SSRN. Here is the abstract:
When deciding whether and how to pursue narcotics cases, federal prosecutors should focus not on number of convictions or quantity of drugs intercepted, but rather on whether they are solving problems through the cases they choose. He first examines federal prosecutors' extremely broad discretion in selecting narcotics defendants and charges, as well as some of the negative effects of the failure to employ a "problem solving" rubric in the war on drugs to date. He then suggests a number of changes that such a rubric would bring to the way narcotics cases are pursued, including a change in the proxy that prosecutors use for defendant culpability from drug quantity to drug profits.
November 3, 2014 in Drug Offense Sentencing, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (1) | TrackBack
Friday, October 31, 2014
New reduced federal drug sentencing guidelines about to become official
Hard core federal sentencing nerds know that November 1 is a special day because it is the official date on which any proposed changes to the sentencing guidelines proposed by the US Sentencing Commission become official in the absence of congressional rejection thereof. Tomorrow, November 1, 2014, is especially notable because it will make official the most significant and consequential reduction in guideline sentencing ranges in history. This USSC press release, which includes a statement from the chair of the USSC, provides background context for why this is such a big deal:
[Background:] The United States Sentencing Commission, an independent agency in the judicial branch charged with setting federal sentencing guidelines, voted unanimously in April to reduce sentencing guidelines levels for most drug trafficking offenses and voted unanimously again in July to make that change retroactive. Because Congress has not acted to disapprove the Commission's actions, the amendment becomes effective tomorrow. Offenders sentenced after tomorrow will be sentenced under the new, reduced guidelines, and current prisoners may begin petitioning courts for sentence reductions based on retroactive application of the reduced guidelines. Prisoners can have their sentences reduced if courts determine that they are eligible and a reduction is appropriate, and they may not be released pursuant to such reductions before November 1, 2015.
[Comment by USSC Chair Patti Saris:] "The reduction in drug guidelines that becomes effective tomorrow represents a significant step toward the goal the Commission has prioritized of reducing federal prison costs and overcrowding without endangering public safety. Commissioners worked together to develop an approach that advances the causes of fairness, justice, fiscal responsibility, and public safety, and I am very pleased that we were able to agree unanimously on this reasonable solution. I am also gratified that Congress permitted this important reform to go forward.
This amendment is an important start toward addressing the problem of over-incarceration at the federal level. Commission researchers estimate that applying the amendment going forward may reduce the prison population by 6,500 in five years and far more over time, while more than 46,000 current prisoners could be eligible to have their sentences reduced by retroactive application of the amendment. Still, only Congress can act to fully solve the crisis in federal prison budgets and populations and address the many systemic problems the Commission has found resulting from mandatory minimum penalties. I hope that Congress will act promptly to pass comprehensive sentencing reform legislation."
October 31, 2014 in Drug Offense Sentencing, Federal Sentencing Guidelines, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (3) | TrackBack
Monday, October 27, 2014
Notable new Cato working paper examines "Marijuana Policy in Colorado"
Dr. Jeffrey Miron, who is director of economic studies at the Cato Institute and director of undergraduate studies in the Department of Economics at Harvard University, has just produced this significant new Cato working paper titled "Marijuana Policy in Colorado." The paper is relatively short, though it includes lots of data, and here is its Executive Summary and its closing paragraphs:
In November 2012, voters in the states of Colorado and Washington approved ballot initiatives that legalized marijuana for recreational purposes. Alaska, Oregon, and the District of Columbia are scheduled to consider similar measures in the fall of 2014, and other states may follow suit in the fall of 2016.
Supporters and opponents of such initiatives make numerous claims about state-level marijuana legalization. Advocates believe legalization reduces crime, raises revenue, lowers criminal justice expenditure, improves public health, improves traffic safety, and stimulates the economy. Critics believe legalization spurs marijuana use, increases crime, diminishes traffic safety, harms public health, and lowers teen educational achievement. Systematic evaluation of these claims, however, has been absent.
This paper provides a preliminary assessment of marijuana legalization and related policies in Colorado. It is the first part of a longer-term project that will monitor state marijuana legalizations in Colorado, Washington, and other states.
The conclusion from this initial evaluation is that changes in Colorado's marijuana policy have had minimal impact on marijuana use and the outcomes sometimes associated with use. Colorado has collected non-trivial tax revenue from legal marijuana, but so far less than anticipated by legalization advocates....
The evidence provided here suggests that marijuana policy changes in Colorado have had minimal impact on marijuana use and the outcomes sometimes associated with use. This does not prove that other legalizing states will experience similar results, nor that the absence of major effects will continue. Such conclusions must await additional evidence from Colorado, Washington, and future legalizing states, as well as more statistically robust analyses that use non-legalizing states as controls.
But the evidence here indicates that strong claims about Colorado's legalization, whether by advocates or opponents, are so far devoid of empirical support.
Cross-posted at Marijuana Law, Policy & Reform
October 27, 2014 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (0) | TrackBack
Friday, October 24, 2014
Election season round-up of posts on pot politics from Marijuana Law, Policy and Reform
For various reasons and in various ways, I find the politics of modern marijuana reform even more interesting than its policies and practicalities. Consequently, a number of my recent posts at Marijuana Law, Policy and Reform have focused on political developments and discourse in those states with significant reform proposals on the ballot in 2014. As this election season now kicks into its final stretch, I thought it useful to collect some of these posts in this space:
Does mixing capitalism and marijuana reform turn off swing voters?
Oregon Senator plans to vote in favor of marijuana legalization
How much do endorsements matter in state marijuana reform campaigns?
Marijuana legalization campaigns for 2016 in Arizona and California start heating up
Following the money and the polling surrounding Oregon's legalization initiative, Measure 91
In debate, Colorado Gov. Hickenlooper call his state's legalization of marijuana "reckless"
New York Times advocates for passage of all 3 marijuana legalization initiative on 2014 ballot
As time and energy permits, I am hoping soon to start a series of posts on pot politics circa 2014 over at Marijuana Law, Policy and Reform in order to explain why I think the results of this election season in a Alaska, Florida and Oregon are likely to have a huge impact on marijuana policy and national politics in the coming years.
October 24, 2014 in Drug Offense Sentencing, Elections and sentencing issues in political debates, Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (1) | TrackBack
Wednesday, October 22, 2014
Does new DOJ appointee want to decriminalize all drug possession ... and would that be so bad?
The questions posed by the title of this post are prompted by this recent commentary authored by Cully Stimson and titled "The New Civil Rights Division Head Wants to Decriminalize Possession of All Drugs." Here are excerpts:
So who supports decriminalizing cocaine, heroin, LSD, methamphetamine, ecstasy and all dangerous drugs, including marijuana? No, it's not your teenage nephew. It's President Obama's new acting head of the Justice Department's Civil Rights Division, Vanita Gupta. In 2012, Gupta wrote that "states should decriminalize simple possession of all drugs, particularly marijuana, and for small amounts of other drugs." (Emphasis mine).
Last week, President Obama appointed Vanita Gupta to the position of acting head. According to the Washington Post, the administration plans to nominate her in the next few months to become the permanent assistant attorney general for the Civil Rights Division. Her views on sentencing reform – a bi-partisan effort in recent years – have earned her qualified kudos from some conservatives. But her radical views on drug policy – including her opinion that states should decriminalize possession of all drugs (cocaine, heroin, LSD, ecstasy, marijuana etc.) should damper that support of those conservatives, and raise serious concerns on Capitol Hill....
To begin, she believes that the misnamed war on drugs "is an atrocity and that it must be stopped." She has written that the war on drugs has been a "war on communities of color" and that the "racial disparities are staggering." As the reliably-liberal Huffington Post proclaimed, she would be one of the most liberal nominees in the Obama administration.
Throughout her career, 39-year old Gupta has focused mainly on two things related to the criminal justice system: first, what she terms draconian "mass incarceration," which has resulted in a "bloated prison population, and second, the war on drugs and what she believes are its perceived failures.
She is particularly open about her support for marijuana legalization, arguing in a recent CNN.com op-ed that the "solution is clear: …states could follow Colorado and Washington by taxing and regulating marijuana and investing saved enforcement dollars in education, substance abuse treatment, and prevention and other health care."...
But Gupta does not stop with marijuana. In calling for all drugs to be decriminalized – essentially legalizing all dangerous drugs – Gupta displays a gross lack of understanding of the intrinsic dangers of these drugs when consumed in any quantity.
Heroin, LSD, ecstasy, and methanqualone are Schedule I drugs, which are defined as "the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence." Cocaine, methamphetamine, Demerol and other drugs are Schedule II drugs, defined as "drugs with a high potential for abuse…with use potentially leading to severe psychological or physical dependence."
Sound public policy must be based on facts, not radical unsafe, and dangerous theories.
I concur 100% with the statement at the end of this commentary that "sound public policy must be based on facts," and that it why I am more than a bit troubled that this commentary quite false asserts that Gupta's seemingly reasonable suggestion that persons should not be deemed criminals for possessing a small amount of a narcotic is tantamount to advocacy for "legalizing all dangerous drugs."
The term "decriminalize" in this context means to treat in a less-serious regulatory manner like we treat traffic offenses. Nobody would assert that we have "essentially legalized" all speeding and other traffic offenses because we only respond to the offense with fines and limited criminal sanctions. Likewise, advocacy for decriminalizing simple possession of small amounts of drugs is not the equivalent of endorsing a fully legalized marketplace for drugs comparable to what we are seeing in a few states now with marijuana.
That all said, I think Vanita Gupta's suggestion that states decriminalize simple possession of drugs as a way to de-escalate the drug war, as well as Cully Stimson's obvious concerns with such a suggestion, are very legitimate issues for engaged political and public policy debate. (For the record, I would generally support most state drug-decriminalization efforts, though I also would generally advocate that criminal sanctions kick in based on possession of larger dealer-size quantities of certain drugs.) I am pleased to see this commentary, even in a effort to assail a new DOJ nominee, start to bring overdue attention to these important modern drug-war issues. But I hope in the future Mr. Stimson and others will make and understand the important distinction between advocating for decriminalization and advocating for full legalization.
October 22, 2014 in Drug Offense Sentencing, Offense Characteristics, Pot Prohibition Issues, Purposes of Punishment and Sentencing, Race, Class, and Gender, Who Sentences? | Permalink | Comments (7) | TrackBack
Monday, October 20, 2014
New top Justice in Massachusetts urges repeal of mandatory minimums for low-level drug offenders
I just came across this notable Boston Globe article discussing this notable speech delivered late last week by the new Chief Justice of Massachusetts Supreme Judicial Court. Here is how the Globe article starts:
The head of the state's highest court called for an end to mandatory minimum sentences for low-level drug offenders on Thursday, saying they interfere with judges' discretion, disproportionately affect minorities, and fail to rehabilitate offenders.
Citing the opioid-addiction crisis, Supreme Judicial Court Chief Justice Ralph D. Gants said the state needs to find better ways to treat addicts than sending them to jail. In 2013, 674 people died of opioid overdoses, compared with 338 in 2000. "To those who favor the status quo in the so-called war on drugs, I ask: How well is the status quo working?" Gants said.
Gants, selected as chief justice by Governor Deval Patrick, called on the Legislature to pass laws to abolish mandatory sentencing. His remarks, in his first State of the Judiciary speech, were part of a call for broader changes in the court system. "We need our sentences not merely to punish and deter, but also to provide offenders with the supervision and the tools they will need to maximize the chance of success upon release and minimize the likelihood of recidivism," he said.
Sworn in just 80 days ago, Gants said he will convene a group of judges, probation offices, prosecutors, and defense attorneys to study best practices to ensure what he called "individualized, evidence-based sentences." That means considering mental health or substance abuse treatment as well as time in prison. Mandatory minimum sentences are automatic prison terms for those convicted of certain crimes, limiting judges' discretion.
Gants's proposal drew quick praise from members of the Massachusetts Bar Association, his audience at the association's annual Bench-Bar Symposium in the John Adams Courthouse. Marsha V. Kazarosian, president of the bar association, called Gants's call to action "a gutsy move." She said there are "no cookie-cutter remedies" for drug defendants, and that an offender's background should taken into consideration, and "that's exactly what a judge is supposed to do."
Anthony Benedetti, chief counsel for the Committee for Public Counsel Services, the state's public defender agency agreed. "So many people involved in the criminal justice system have substance abuse and mental health issues," Benedetti said. "That's the root of the problem, and this gets back to individual, evidence-based sentencing."
The proposal was criticized by Essex District Attorney Jonathan Blodgett, head of the Massachusetts District Attorneys Association, who argued that the laws are designed to target drug traffickers, not merely drug users. "The midst of an opiate overdose epidemic is not the time to make it easier for drug traffickers to avoid accountability and incarceration," Blodgett said. "An experienced trial judge should know that the drug defendants sentenced to incarceration are the ones who carry and use firearms, who flood communities with poison, and who commit the same distribution offenses over and over again."
Supreme Judicial Court Chief Justice Gants' full speech is worth reading, and here is a notable excerpt from the text:
Mandatory minimum sentencing in drug cases has had a disparate impact upon racial and ethnic minorities. In fiscal year 2013, 450 defendants were given mandatory minimum sentences on governing drug offenses. In that year, which is the most recent year for which data are available, racial and ethnic minorities comprised 32% of all convicted offenders, 55% of all those convicted of non-mandatory drug distribution offenses, and 75% of all those convicted of mandatory drug offenses. I do not suggest that there is intentional discrimination, but the numbers do not lie about the disparate impact of mandatory minimum drug sentences.
The impact of mandatory minimum drug sentences is far greater than the number of defendants who are actually given mandatory sentences. Prosecutors often will dismiss a drug charge that carries a mandatory minimum sentence in return for a plea to a non-mandatory offense with an agreed-upon sentence recommendation, and defendants often have little choice but to accept a sentencing recommendation higher than they think appropriate because the alternative is an even higher and even less appropriate mandatory minimum sentence. For all practical purposes, when a defendant is charged with a drug offense with a mandatory minimum sentence, it is usually the prosecutor, not the judge, who sets the sentence.
I have great respect for the prosecutors in this Commonwealth, and for the exercise of prosecutorial discretion that comes with the job; I was a prosecutor myself for eight years. But where there is a mandatory minimum sentence, a prosecutor's discretion to charge a defendant with a crime effectively includes the discretion to sentence a defendant for that crime. And where drug sentences are effectively being set by prosecutors through mandatory minimum sentences, we cannot be confident that those sentences will be individualized, evidence-based sentences that will not only punish and deter, but also minimize the risk of recidivism by treating the root of the problem behind many drug offenses -- the problem of addiction.
October 20, 2014 in Drug Offense Sentencing, Mandatory minimum sentencing statutes, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (3) | TrackBack
Tuesday, October 07, 2014
Rolling Stone laments enduring casualties of drug war's mandatory minimums
Rolling Stone magazine has just published this extensive "special report" titled "The Nation's Shame: The Injustice of Mandatory Minimums." The piece details the stories of seven notable low-level drug defendants serving high-level prison sentences. The piece has this subheading: "For decades, lawyers, scholars, and judges have criticized mandatory drug sentencing as oppressive and ineffective. Yet tens of thousands of nonviolent offenders continue to languish behind bars." And here is a portion of the lead into the seven cases profiled:
Widely enacted in the Eighties and Nineties amid rising crime and racially coded political fearmongering, mandatory penalties — like minimum sentences triggered by drug weight, automatic sentencing enhancements, and three-strikes laws — have flooded state and federal prisons with nonviolent offenders. Intended to ensure uniform discipline, these policies simply shifted discretion to prosecutors. Judges lost latitude to tailor sanctions based on whether someone was a kingpin or courier, for example, while [Professor Mark] Osler says, prosecutors gained "a big hammer. The easy way of doing things is to threaten people with a lot of time, and then plead them out," he says. "But easy and justice don't go together very well."...
[T]he drug war is entrenched in decades of prison buildup. Between 1980 and 2010, state incarceration rates for drug crimes multiplied tenfold, while the federal drug prisoner population ballooned by a factor of 20. Every year, taxpayers shell out $51 billion for drug war spending. Meanwhile, 2.2 million people — or a quarter of the world's prisoners — crowd a system that exacts its harshest toll on the most vulnerable. Racism undermines the justice process from initial stop to sentence, and 60 percent of those incarcerated are people of color. Rates of illiteracy, addiction, and mental illness are disproportionately high.
Amid utter congressional deadlock, sentencing reform is the only issue that has cut across partisan bickering to unite such normally irreconcilable voices as Rand Paul, Dick Durbin, Ted Cruz, Elizabeth Warren, Paul Ryan and John Conyers. Yet the proposed Smarter Sentencing Act, which passed the Senate Judiciary Committee in January, has since run aground. The bill would halve key mandatory minimums, make relief under the Fair Sentencing Act available to 8,800 federal crack defendants locked up before 2010 and save $4 billion in the process. More than 260,000 people have been imprisoned under federal drug mandatory minimums, and more will continue to cycle through the system — even as others are granted clemency — as long as reforms remain stalled. At the state level, reforms without retroactive application strand drug defendants in prison even after the laws that put them there are reassessed as unjust. The following seven cases epitomize the rigid regimes of the past, and the challenges involved in dismantling them.
October 7, 2014 in Drug Offense Sentencing, Mandatory minimum sentencing statutes, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (1) | TrackBack
Sunday, October 05, 2014
Concurrence laments "trend" of federal prosecutors seeking "significantly enhanced terms of imprisonment under the guise of 'relevant conduct'"
An otherwise unremarkable federal drug sentence appeal in the US v. St. Hill, No. 13-2097 (1st Cir. Oct. 1, 2014) (available here) took on some blogworthy character because of a lengthy concurrence by Judge Torruella. Here is the start, heart and close of Judge Torruella's opinion in St. Hill:
I join the court's opinion but write separately to note a disturbing trend in criminal prosecutions. All too often, prosecutors charge individuals with relatively minor crimes, carrying correspondingly short sentences, but then use section 1B1.3(a) of the Sentencing Guidelines ("Guidelines") to argue for significantly enhanced terms of imprisonment under the guise of "relevant conduct" — other crimes that have not been charged (or, if charged, have led to an acquittal) and have not been proven beyond a reasonable doubt....
St. Hill was subject to an additional six to eight years in prison due to isolated drug sales not directly related to the twenty oxycodone pills which led to his conviction, all of which he was never arrested for, never charged with, never pleaded guilty to, and never convicted of by a jury beyond a reasonable doubt. This is a prime example of the tail wagging the dog. Even more disturbing: the government could, if it so chooses, still charge St. Hill for these uncharged crimes in a separate proceeding, and he could be convicted and sentenced again without protection from the Double Jeopardy Clause. See Witte v. United States, 515 U.S. 389, 406 (1995)....
[I]f the government intends to seek an increase in a criminal defendant's sentence for conduct that independently may be subject to criminal liability, the government should charge that conduct in the indictment. The Fifth Amendment requires that "[n]o person shall be . . . deprived of life, liberty, or property, without due process of law," U.S. Const. amend. V, while the Sixth Amendment provides an accused with the right to a trial "by an impartial jury," id. amend. VI. The practice of arguing for higher sentences based on uncharged and untried "relevant conduct" for, at best, tangentially related narcotics transactions seems like an end-run around these basic constitutional guarantees afforded to all criminal defendants. Cf. Alleyne, 133 S. Ct. at 2162 ("When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury."). The government's role is to ensure justice, both to the accused and to the public at large; it is not to maximize conviction rates and argue for the greatest possible sentence. And, while it is unclear to me whether this trend is due to shaky police work resulting in cases that cannot be proven beyond a reasonable doubt, prosecutorial laziness, or other less nefarious factors, it remains troubling regardless....
Nevertheless, as a judge, it is my responsibility to faithfully apply the law as articulated by both the Supreme Court and this court, and I do not dispute that both the Guidelines and our interpretation of them currently condone this questionable process. See Witte, 515 U.S. at 396, 406 (finding no constitutional violation where the sentence was based in part on a cocaine offense that defendant "clearly was neither prosecuted for nor convicted of"); United States v. Lombard, 102 F.3d 1, 4 (1st Cir. 1996) (finding no constitutional violation where the district court "choose[s] to give weight to the uncharged offenses in fixing the sentence within the statutory range if it finds by a preponderance of evidence that they occurred"). I nonetheless question whether this interpretation should be revisited — either by the courts or by revisions to the Guidelines.
October 5, 2014 in Drug Offense Sentencing, Federal Sentencing Guidelines, Procedure and Proof at Sentencing, Sentences Reconsidered | Permalink | Comments (5) | TrackBack
Wednesday, October 01, 2014
This is your federal sentencing data on drugs (after the minus-2 amendment)
I could not help but think about the famous 1980s "This Is Your Brain on Drugs" campaign from Partnership for a Drug-Free America once I took a close look at the US Sentencing Commission's latest greatest data on federal sentencing appearing now in this Third Quarter FY 2014 Sentencing Update. The famous "egg" ad make clear that drugs could scramble your brain, and a "Note to Readers" appearing early in the latest USSC data report makes clear that a recent amendment to the drug sentencing guidelines has started to scrambling cumulative federal sentencing data.
Here is the USSC's "Note to Readers," which highlights why it will prove especially challenging to fully assess and analyze federal sentencing practices in FY14 because of mid-year drug sentencing reforms:
On April 30, 2014, the Commission submitted to Congress a proposed amendment to the sentencing guidelines that would revise the guidelines applicable to drug trafficking offenses. That amendment will become effective on November 1, 2014 and will be designated as Amendment 782 in the 2014 edition of Appendix C to the Guidelines Manual. Amendment 782 changes the manner in which the statutory mandatory minimum penalties for drug trafficking offenses are incorporated into the base offense levels in the drug quantity table in section 2D1.1 of the Guidelines Manual. Specifically, the amendment generally reduces by two levels the offense levels assigned to the quantities described in section 2D1.1 and makes corresponding changes to section 2D1.11. On July 18, the Commission voted to give retroactive effect to Amendment 782, beginning on November 1, 2014.
On March 12, 2014, the Department of Justice issued guidance to all United States Attorneys regarding the sentencing of drug trafficking offenders in anticipation of an amendment to the guidelines lowering the base offense levels for drug trafficking cases. In that guidance, the Attorney General authorized prosecutors to not object to a defense request for a two-level variance from the sentencing range calculated under the current version of the Guidelines Manual in drug trafficking offenses, provided that several other conditions were met. Judges and probation offices have informed the Commission that in some districts the prosecutors themselves are requesting that the court depart from the sentencing range calculated under the Guidelines Manual and impose a sentence that is two levels below that range.
The data the Commission is reporting in this Preliminary Quarterly Data Report appears to reflect those practices. On Table 1 of this report, the Commission reports the rate at which the sentence imposed in individual cases was within the applicable guideline range. The rate through the third quarter of fiscal year 2014 was 47.2 percent. This compares with 51.2 percent in fiscal year 2013. However, as can be seen from Tables 1-A and 1-B, most of this decrease is attributable to sentences imposed in drug offenses. As shown on Table 1-A, the within range rate in cases not involving a drug offense was 53.3 percent through the third quarter of fiscal year 2014, compared with 54.8 percent in fiscal year 2013.
Table 1-B presents data for drug cases only. As shown on that table, the within range rate for sentences imposed in drug cases through the third quarter of fiscal year 2014 was 30.0 percent, a decrease of more than eight percentage points from the rate of 38.8 percent at the end of fiscal year 2014. This decrease in the within range rate resulted from an increase in the rate at which the government requested a below range sentence, from 39.4 percent in fiscal year 2013 to 45.7 percent through the third quarter of fiscal year 2014, as well as an increase in the rate of non-government sponsored below range sentences, from 20.8 percent in fiscal year 2013 to 23.5 percent through the third quarter of fiscal year 2014.
Because this change in sentencing practices did not occur until more than five months into the fiscal year, the impact of this change is not fully reflected in the average data presented in this cumulative quarterly report. The Commission expects a further reduction in the within range rate for drug offenses to be reflected in the data for the completed fiscal year 2014.
October 1, 2014 in Data on sentencing, Detailed sentencing data, Drug Offense Sentencing, Federal Sentencing Guidelines | Permalink | Comments (1) | TrackBack
Tuesday, September 30, 2014
Making the full case for Mitt Romney, drug czar
Regular readers may recall this post from a few months ago in which I highlighted the brilliant and provocative commentary by Mark Osler headlined "Mitt Romney for drug czar." Now I can post Mark's fuller explication of the ideas that lead to the notion of Drug Czar Romney as they appear in this article now available on SSRN headlined "1986: AIDS, Crack, and C. Everett Koop." Here is the abstract:
In 1986, Ronald Reagan's America confronted twin public health crises: AIDS and crack. There were striking similarities between the two, in that both developed quietly before public alarms were raised; both were identified with traditionally oppressed groups; both spread in a similar pattern; and both created fear in the American public. Where they differed, though, was in the reaction. After initial missteps, AIDS was approached through problem-solving doctors and researchers rather than quarantine. In contrast, crack was confronted with a heavy retributive hand. AIDS was transformed to a chronic, treatable illness. In contrast, crack not only continued to plague communities, but the use of mass incarceration created new problems.
Four striking personalities shaped these differing outcomes. With AIDS, the chief strategist was the remarkable C. Everett Koop, and the public face was a young boy named Ryan White. For crack, a chief strategist was the vituperative William Bennett, and the public face was basketball player Len Bias. The latter pair drove the fight against crack towards disaster, while the former created a more humane world.
This article argues that it is not too late to learn the lessons of 1986 and take a better approach towards narcotics, and that this approach might best be led by someone who understands the driving force behind drugs (the profit motive) the way that Koop understood the driving force behind AIDS (a virus). In our present era, that person may be someone who straddles business and politics, such as former presidential candidate Mitt Romney.
September 30, 2014 in Drug Offense Sentencing, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (4) | TrackBack
Thursday, September 18, 2014
"The War on Drugs and Prison Growth: Limited Importance, Limited Legislative Options"
The title of this post is the title of this notable new paper by John Pfaff now available via SSRN. Here is the abstract:
Many commentators argue that the War on Drugs has played a major role in the four-decade long explosion in US incarceration rates, but in this paper I demonstrate that these claims do not generally rest on sound empirical footing. The direct incarceration of drug offenders explains only about 20% of prison growth (compared to over 50% for violent offenders), and drug convictions do not appear to drive parole revocations nor act as prior felonies that trigger harsh repeat offender laws for subsequent non-drug offending. Furthermore, drug offenders also appear to comprise only about 20% of those flowing through prison, which could be a more accurate measure of the War on Drugs' impact, since drug offenders generally serve disproportionately short sentences and thus may be under-represented in the one-day prison counts that are standard metric of prison's scope.
That said, the War on Drugs could still matter, but in more indirect -- and much harder to measure -- ways. Drug enforcement could contribute to overall social instability in high-crime, high-enforcement communities, or at least to the perception of instability, in ways that may trigger more enforcement by police and prosecutors, even if crime rates are relatively low and falling. Furthermore, while prior drug offenses do not appear to trigger formal recidivist statutes, they may alter prosecutorial charging decisions for later non-drug offenses, but prosecutorial charging behavior is currently impossible to measure with existing data.
Finally, even though the War on Drugs has played only a secondary role in prison growth, there are over 200,000 people in state prison every day on drug charges, and states appear eager to reduce the scope of drug-related incarcerations. So I conclude by considering some of the options available to states. I point out that the leading contenders -- decriminalization and sentence reduction -- will likely have little effect, since few offenders are in prison on marijuana charges (the only drug for which decriminalization is currently feasible), and all drug offenders serve relatively short sentences, well below the statutory maximums. I then consider broader options, such as proposals that target the financial incentives prosecutors have to send offenders, including drug offenders, to prison. I also touch on the implications of adopting broader definitions of "drug offenders," such as those who commit violent or property crimes either to support drug habits or in the course of selling drugs.
September 18, 2014 in Drug Offense Sentencing, Offense Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0) | TrackBack
Tuesday, September 09, 2014
Group of world leaders call for end to criminal drug war and urges experiment with legalization
As detailed in this AP report, a prominent group of prominent international leaders "urged a global overhaul of drug policies on Tuesday, calling for some drugs such as marijuana to be regulated, an end to incarceration for drug use and possession, and greater emphasis on protecting public health." Here are the details:
The Global Commission on Drug Policy said traditional measures in the "war on drugs" such as eradicating acres of illicit crops, seizing large quantities of illegal drugs, and arresting and jailing violators of drug laws have failed. The commission's 45-page report pointed to rising drug production and use, citing the U.N. Office on Drugs and Crime's estimate that the number of users rose from 203 million in 2008 to 243 million in 2012.
The commission includes former U.N. Secretary-General Kofi Annan; the former presidents of Brazil, Chile, Colombia, Mexico, Poland, Portugal and Switzerland; British tycoon Richard Branson and former U.S. Federal Reserve chief Paul Volcker. It was established in 2010 with a stated purpose of promoting "science-based discussion about humane and effective ways to reduce the harm caused by drugs to people and societies."
The commission's first report in 2011 condemned the drug war as a failure and recommended major reforms of the global drug prohibition regime. This report goes further, encouraging experiments in legally regulating markets in currently illicit drugs "beginning with but not limited to cannabis, coca leaf and certain novel psychoactive substances."
It called for "equitable access to essential medicines, in particular opiate-based medications for pain," noting that more than 80 percent of the world's population has little or no access to such medications. It also called for an end to criminalizing people for drug use and possession, a halt to "compulsory treatment" for such people, and alternatives to incarceration for non-violent, low-level participants such as farmers, couriers and others involved in producing, transporting and selling illegal drugs.
"The facts speak for themselves," said Annan, who is also the convener of the West Africa Commission on Drugs. "It is time to change course." He said drug policies must be based on what works, not on policies that criminalize drug use while failing to provide access to effective prevention or treatment. "This has led not only to overcrowded jails but also to severe health and social problems," Annan said in a statement.
Former Brazilian president Fernando Henrique Cardoso said the ultimate goal must be reform to permit legal regulation. "Let's start by treating drug addiction as a health issue — rather than a crime — and by reducing drug demand through proven education initiatives," he said. "But let's also allow and encourage countries to carefully test models of responsible legal regulation as a means to undermine the power of organized crime, which thrives on illicit drug trafficking."
The full report from this Global Commission can be accessed at this link.
September 9, 2014 in Drug Offense Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (2) | TrackBack


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Are there going to be new generic top level domains available in the future?
What is a domain name? Is it the same as a company name?
Originally published in the December 2012/January 2013 issue of Intellectual Property Magazine.
In the wake of ICANN's failure earlier this year to dismiss anti-trust allegations arising from the new generic top level...more
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Military Members: Make Sure Your Driver's License is Valid
NOTE: This dispute has now been resolved. As of February 26, 2015, German authorities have reverted to the previous policy and will accept USAREUR licenses accompanied with an expired U.S. driver's license. More information can be found on the U.S. Army website. If you're a military member currently serving in Germany, make sure you have […]Continue Reading


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Comment: It's the name (Score 1) 80
Comment: use myspace? (Score 1) 199
Comment: Re:Sweet spot (Score 1) 1027
Comment: Re:ha ha suckers!!! (Score 1) 658
Comment: Re:ha ha suckers!!! (Score 1) 658
Comment: Oh really? (Score 1) 979
Comment: US telling another nation what to do? (Score 1) 441
Comment: Re:Credit suck (Score -1, Troll) 120
The PSN network uses REAL currency. Not this fuck-with-your-mind-psychological-pricing bullshit.
An Inside Look At Warhammer Online's Server Setup 71
from the hate-to-see-the-power-bill dept.
Comment: Re:Too bad we don't have rules to deal with this (Score 1) 839
Comment: Re:Here it comes... (Score 1) 167
The Indians gave us the Kama Sutra, which the Western world learns from. Not the other way round.
Don't know why Yahoo is censoring the word. It seems more like PR to me than anything else.
Comment: Re:Uh No (Score 1) 582
Breaking News: Terrorist hijacks plane using only cooking utilities - Passengers relieved the terrorists was apprehended. When interviewed, one passenger stated, "I am glad he was caught, I don't know what he would have done, but it probably wouldn't have been as bad as his cooking".
Comment: Re:Delusional (Score 1) 220
Comment: what seriously? (Score 2, Troll) 346
Steve Jobs is the farmer and the current generation of fancy-clothed-hip-young-lifestyle people are his sheep.
i SERIOUSLY do not get what is so great about Apple products. All they do is take a pre-existing product, add gloss and make it look nice and the sheep come pouring in. What a stupid time we live in, Idiocracy is not far away.
BTW I'm not a M$ fan-boy, but I would take aMicrosoft product (or Linux) over Apple any day. Practicality over aesthetics I say.


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Definition of trill
- extremely cool; awesome to see; very enjoyable; "eye candy".
Ja Rule's new video is pretty trill!
- See more words with the same meaning: good, okay, cool, awesome, fun.
Last edited on Jun 28 2011. Submitted by Dea from Evansville, IN, USA on Oct 28 2001.
- 'to be true to yourself and real to all'; genuine; authentic; realistic; practical; 'down-to-earth'
Damn, K-dot's trill, he never puts up a front. Fool keeps it real.
Citation from "http://www.azlyrics.com/lyrics/paulwall/trill.html", Trill by Paul Wall blacked out to resolve Google's penalty against this site.
Last edited on Jul 01 2013. Submitted by Anonymous on Jul 01 2013.
- combination of trippin' and chillin'.
We were just trillin last night.
Last edited on Dec 21 2010. Submitted by blue_devil from Medford, OR, USA on Jun 13 2002.
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|Definitions include: very good, potent, marijuana.
|Definitions include: something that is so exceptionally good or fun it could be as addictive as crack (i.e. crack cocaine).
|Definitions include: "cool", "neat", "awesome".
|Definitions include: ghetto, cool, or tight
|Definitions include: Comment said after someone else says something that is cool.
|Definitions include: good.
|Definitions include: good.
|Definitions include: cool.
|Definitions include: impressive; "cool"; "awesome".
|Definitions include: something pleasing to listen to, especially music-related.
|Definitions include: great; "awesome"; "cool".
|Definitions include: extreme.
|Definitions include: amazed.
|Definitions include: something excellent for.
|Definitions include: (adjective) - the ultimate of coolness.
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|Definitions include: To hit someone.
|Definitions include: For slang words meaning great, see good, okay, cool, awesome, fun.
|Definitions include: spelling variant of "what's up".
|Definitions include: a stomach-first leap into water.
|Definitions include: LSD; "acid".
|Definitions include: a female with no class or standards.
|Definitions include: displeasing.
|Definitions include: incorrect version of spit game.
|Definitions include: to get beat up; to severely injure
|Definitions include: a person with red hair.
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Mon August 25, 2014
Recap: Opening Reception of "Hues of Juxtaposition"
By Alexa Doran
Friday night at the MC Erny Gallery at WHQR staff, members, volunteers and local art lovers/supporters gathered to see the absolutely magnificent debut of the art show "Hues of Juxtapostion," with work by talented local artists Mio Reynolds, Eunkyung Kim Cazier and Randy McNamara. Never before have such different styles come together to create such a vibrant, seamless arrangement. The night was filled with wine, delicious refreshments and best of all, great conversations with our featured artists. View the slideshow to see pictures from this great night!
Gallery Hours are Monday-Friday 10 am - 4pm.
MC Erny Gallery at WHQR
254 N. Front Street, 3rd Floor
For more information about the artists or the gallery click here.
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The Rebirth of an Icon: The Comeback of the Cloister at Sea Island, Georgia
Four Seasons Hotel Vancouver Announces Executive Chef Rafael Gonzalez
In a city with a superb culinary scene, Four Season's Chartwell Restaurant shines at the forefront. Recognized as one of Vancouver's finest restaurants, Chartwell has received numerous accolades including the 2006 AAA Four Diamond Award, 2006 DiRoNA Award, 2006 Vancouver Magazine, 17th Annual Restaurant Awards "Bronze - Best Hotel Dining", and 2005 Wine Spectator Award of Excellence for its "Outstanding Restaurant Wine List."
Four Seasons Vancouver has recently appointed Miami's Rafael Gonzalez as executive chef. He has worked in some of the country's most revered kitchens, starting off in Miami at Le Pavillon, then moving on to New York where he was mentored by David Bouley, chef of the famed four-star Bouley Bakery, Chef Eric Rupert at Le Bernardin, and Chef Jean-George Vongerichten at Jean George Restaurant. His last stint was at The Pierre, where he was Executive Sous Chef. Gonzalez is an outstanding chef, and can also handle a large kitchen; at Chartwell he will be overseeing 1,200 to 2,000 meals a day and managing four sous chefs and 33 employees.
Summer Fun at Sandy Lane Hotel and Golf Club, Barbados
Memorial Day is upon us, which means the start of summer and some exclusive special deals in the Caribbean. One of the region's finest luxury resorts, Sandy Lane Hotel and Golf Club, the darling of royalty and dignitaries who visit Barbados, has announced some fantastic summer offers. A classic Palladian-style building of coralstone, the spacious 112 room resort is set in a mahogany grove overlooking a crescent of white beach and the turquoise sea. Each of the rooms feature private verandahs and state-of-the-art amenities like plasma wide screen TV, DVD/CD player, and wifi. Here at Sandy Lane, the service is phenomenal, from the chauffeured luxury car that greets you at the airport to the knowledgeable concierge and staff who cater to your every whim. The Summertime promises to be a blast in Barbados, with the annual Crop Over Festival, a colorful extravaganza and celebration of Barbadian culture. Ceremonies, competitions, shows and music, from July 15 to August 7, 2006.
Special Summer Packages at Sandy Lane are a real deal: "Romance in Paradise" includes accommodation in a Luxury Ocean Room at Ocean room rate, bottle of champagne on arrival, one candlelight dinner for two, unlimited non-motorized watersports, full English Breakfast daily, one Catamaran Cruise, spa voucher of $100 per person (or one round of golf on The Country Club per person.) Rates start from $4,750 for a seven night stay. With the "Family Fun" package, three Children under 16 years in connecting room pay 50 percent of the full 7 or 10 night stay. Package includes full English Breakfast daily, unlimited use of the Treehouse Club, one family Sunday Brunch, unlimited non-motorized watersports. Parent's room rates start at $4,250 for a seven night stay in an Orchid room; Children's room rates start at $2,975 for a seven night stay in an Orchid room.
Hot Tables: Thierry Marx's Chateau Cordeillan-Bages, Pauillac, France
Surrounded by the finest wine-making chateaux in the world, this converted 17th century monastery is now home to a small hotel and Thierry Marx's inspired restaurant. (Of course the star chef's creative cuisine is paired with the best Bordeaux grand crus from the Medoc region.) Named "Chef of the Year" by GaultMillau, Thierry Marx is one of the finest, cutting-edge chefs of the day. A recent review in the International Herald Tribune describes his food as intensely creative, and thus "not for everyone":
Look at the titles of some of his dishes and you simply may want to run the other way. Liquid quiche Lorraine? Virtual sausage? Bean sprout risotto? Sweetbread spaghetti? Wacky, yes. But Marx is not taking food to another level of perfection or enjoyment, but to a different level. Food such as his makes us look at taste in a new way.
In my book, none of this would be any good if the food did not offer pleasure as well as amusement, shock as well as satisfaction. And it does. Most of the time.
For me, the most satisfying, surprising and enjoyable dish of some 15 little tastes was his smoked Aquitaine beef. Marx sears the filet quickly, slices it, then sets the beef on a miniature hibachi set above burning Merlot vine clippings. All of that is wrapped in clear thick plastic, tied with ribbon and paraded to the table. As the wait staff unwraps your dinner gift, light, delicate, pleasing smoky aromas waft through the room. The end result is a meat that is juicy, delicate, sweet and oh-so-gently smoked, a dish created with a stroke of genius.
Bring it on.
Golf at The Homestead Resort, Hot Springs, Virginia
Fodor's recently picked the Top 10 U.S. Golf Resorts, and The Homestead ranked right up there with the best of them:
The resort's Old Course, laid out in 1892, includes the oldest tee in continuous use in the United States. Backdropped by the Alleghany Mountains, the Cascades Course is beautiful during the turning of the leaves in the fall.
Surrounded by stunning mountain views, The Homestead is one of the country's leading historic resorts, known for its luxury spa, excellent recreational facilities, and world-class golf. The Homestead offers a luxurious Summer Golf Special, starting at $249 per night, which includes accommodations, unlimited play (including cart) on the three championship courses including the William S. Flynn designed Cascades Course (ranked as one of the top 100 courses in the world by Golf Magazine in 2005), the Donald Ross designed Old Course and the Robert Trent Jones, Sr. designed Lower Cascades Course, complimentary use of the driving range and range balls and a complimentary sleeve of Titleist golf balls.
Complimentary Second Night's Stay in the New Double Pool Villas, Banyan Tree Phuket
The exquisite Banyan Tree Phuket recently announced the July 2006 unveiling of its new Double Pool Villas. With their 24-hour butler service and in-villa chef services, the 22 new Villas take tropical luxury to the next level. Surrounded by aromatic gardens and constructed along an azure lagoon, each Double Pool Villa features a ten-meter private infinity pool with fiber-optic lighting, a spacious and ultra-private compound (between 1,530 to 2,185 sq meters), full-length glass windows, and direct pool access from the bedroom. In one word: stunning. In addition, guests enjoy unique services and amenities: daily in-villa cooked breakfast, selection of vegetables and exotic fruits with juice mixer, daily in-villa afternoon treats and evening cocktails, 30-minute lesson on "Basic Steps of Massage," an "Intimate Moments" villa setting for a romantic evening with bottle of wine and drawn sunken bath with flower petals, and special turndown gift from Banyan Tree Gallery. Rates start from $2,000 per night. To celebrate the launch of the Double Pool Villas, guests can enjoy a complimentary second night's stay with every night booked from July 1 to September 30, 2006.
Spotlight On: Blakes Hotel London
May 23, 2006
By: Guest Writer
By Alex Rose
One of the most enticing hotels you'll find in London where you can spend a sexy weekend that will indulge your senses in the most extravagant ways. Blakes is the creation of former Bond girl Anouska Hempel who has taken luxury and couture to a new level with her hotel. Each of the 52 rooms are a veritable feast for the eyes with all the decor and furnishings providing a feel of sumptuous luxury. If you value your privacy, no worries here; this is one of the very few hotels where celebrities from all walks of life can check-in and not worry about paparazzi. Jack Nicholson, Robert DeNiro, Leonardo DiCaprio, and Gisele Bundchen, and other well-known celebs have stayed here. What rooms are recommended? All are extremely luxurious and chic, but request the White Suite or Room 309. There's a wonderful bar and restaurant downstairs, but room service is all you'll need at Blakes. Quite spectacular by any standard for those sophisticated travelers who appreciate a superb quality of service.
By: Guest Writer


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The video for Aerobic Lambada! Directed by The Best Ester Martin Bergsmark and produced by my best friends Tony Karlson and Siri Hjorton Wagner...
Zhala's haunting and evocative melodies are packed with a serious punch, full of thought-provoking lyrics and undeniable hooks. Using Stockholm as her base, but with the mindset of a modern day transnational, Zhala's music is futuristic, labeled by the artist herself as "cosmic pop."
Zhala (Rifat) was born and raised in Stockholm, Sweden. She became very involved in the local art and club scene and further developed her talents as an artist through dance, singing and her live shows. This path eventually led to her being signed to Konichiwa Records in 2012.
While recording the music for her first release, Zhala continued to tour - playing several festivals (Bestival, Isle of Wight, Way Out West), a unique performance at the Jean Paul Gaultier exhibit at Stockholm's Moderna Museet, and most recently, opening slots for Robyn in London, Berlin and Stockholm. The darkly epic track Slippin' Around emerged online at the start of 2012 with a creepily striking video, alerting the likes of My Old Kentucky Blog, Discobelle and The Line of Best Fit that there was a new and unusual popstar about to emerge.
For Scandinavian press enquiries please contact Lina Thomsgård, for the rest of the world please contact Debbie Ball.
For live enquiries please contact James Whitting at CODA.
Zhala is managed by D.E.F.
Zhala has been announced as the first signing to Robyn's Konichiwa Records.
February 2014 saw the release of Zhala's first EP, Prophet. The EP was co- produced with Mathias Oldén.
I´m super exited to announce the 1st signing to my label Konichiwa Records @z_h_a_l_a! Follow her for music next week pic.twitter.com/tW21RnndW8— Robyn (@robynkonichiwa) February 14, 2014


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Critical Therapeutics to Present Data on ZYFLO(R) at the 2006 International Conference of the American Thoracic Society.
One poster is based on a retrospective analysis of a randomized, placebo-controlled, double-blind, parallel-group study examining the safety and efficacy of two doses of ZYFLO. The study was conducted in 401 asthma patients randomized in to one of three treatment groups: zileuton 600 mg four times daily (the prescribed dose), zileuton 400 mg four times daily or placebo. None of the patients was on controller asthma treatment. The poster's lead author, Roger Menendez, M.D., of the Allergy and Asthma Center of El Paso, will present data from an analysis of patients on zileuton 600 mg or placebo stratified into two subgroups determined by baseline percent of predicted normal forced expiratory volume (FEV(1)), a measure of lung function. Quality of life scores increased in both subgroups for asthmatics on zileuton 600 mg. Quality of life was measured by the Asthma Quality of Life Questionnaire, a disease-specific health-related quality of life instrument developed by E. Juniper and colleagues that taps both physical and emotional impact of disease.
In the second poster, "A Role for the 5-LO Pathway in Allergen-Induced Airway Infiltration of Eosinophils and Neutrophils in a Murine Model of Asthma," lead author Lyn Libertine of Critical Therapeutics and her colleagues show that ZYFLO plays a key role in inhibiting the migration, aggregation and adhesion of eosinophils and neutrophils in response to leukotrienes, which play an important role in inflammation. Eosinophils and neutrophils are types of white blood cells that contribute to the symptoms of asthma.
Mice in the study were treated with montelukast, zileuton and a positive control dose of dexamethasone. While increased airway eosinophils were reduced by both drugs, zileuton demonstrated a more impressive reduction in the infiltration of polymorphonuclear neutrophils with the additional benefit of reducing systemic immunoglobulin E (IgE).
Both posters will be on display from 8:15 a.m. to 4:15 p.m. PT on Tuesday, May 23 in Area K (Sails Pavilion, upper level) of the San Diego Convention Center.
The ATS is an independently incorporated, international, educational and scientific society which focuses on respiratory and critical care medicine. The ATS 2006 International Conference, held May 19-24 in San Diego, is one the largest gatherings of pulmonary and critical care clinicians and researchers in the world.
About Critical Therapeutics
Critical Therapeutics, Inc. is a biopharmaceutical company focused on the discovery, development and commercialization of products for respiratory, inflammatory and critical care diseases. The Company owns worldwide rights to the asthma drug ZYFLO(R) (zileuton tablets), as well as other formulations of zileuton. ZYFLO is the only 5-lipoxygenase inhibitor approved for marketing by the U.S. Food and Drug Administration. The Company's commercialization efforts for ZYFLO are carried out by its specialty sales force. Critical Therapeutics also is developing treatments directed toward the severe inflammatory response in acute diseases and conditions that lead to admission to the emergency room or intensive care unit, and acute exacerbations of other chronic diseases that frequently lead to hospitalization. For more information, please visit www.crtx.com.
About ZYFLO
ZYFLO is indicated for the prevention and chronic treatment of asthma in adults and children 12 years of age and older. ZYFLO, which contains the active ingredient zileuton, blocks the formation of leukotrienes that may contribute to asthma symptoms. Zileuton is an orally active inhibitor of 5-lipoxygenase, the enzyme that catalyzes the formation of leukotrienes from arachidonic acid. The recommended dose is one 600 mg tablet four times a day. ZYFLO is not indicated for use in the reversal of bronchospasm in acute asthma attacks, including status asthmaticus. Therapy with ZYFLO can be continued during acute exacerbations of asthma. ZYFLO should be taken regularly, even during symptom-free periods.
Mild to moderate side effects associated with the use of ZYFLO are abdominal pain, upset stomach and nausea. A small percentage of patients treated with ZYFLO show an increased release of a liver enzyme known as ALT. As a result, the level of liver enzymes in patients treated with ZYFLO should be measured by a simple blood test. It is recommended that physicians perform this test before administering ZYFLO and repeat the test on a regular basis while patients are on the medication. ZYFLO is contraindicated in patients with active liver disease or transaminase elevations greater than or equal to three times the upper limit of normal.
For full prescribing information, please visit www.crtx.com/pat_pi.html or call the Company's toll free telephone number 1-866-835-8216 to request medical information.
ZYFLO(R) is a registered trademark of Critical Therapeutics, Inc.
Forward-Looking Statements
Any statements in this press release about future expectations, plans and prospects for Critical Therapeutics, Inc., including, without limitation, possible therapeutic benefits and market acceptance of ZYFLO and all other statements that are not purely historical in nature, constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Without limiting the foregoing, the words "anticipate," "believe," "could," "estimate," "expect," "intend," "may," "plan," "project," "should," "will," "would" and similar expressions are intended to identify forward-looking statements. Actual results may differ materially from those indicated by such forward-looking statements as a result of various important factors, including risks and uncertainties relating to: the extent of market acceptance of ZYFLO; our heavy dependence on the commercial success of ZYFLO and the controlled-release formulation of zileuton; our ability to develop and maintain the necessary sales, marketing and manufacturing capabilities to commercialize ZYFLO; patient, physician and third-payer acceptance of ZYFLO as a safe and effective therapeutic product; adverse side effects experienced by patients taking ZYFLO, our ability to obtain the substantial additional funding required to conduct our research, development and commercialization activities; and our ability to obtain, maintain and enforce patent and other intellectual property protection for ZYFLO, our drug candidates and our discoveries. These and other risks are described in greater detail in the "Risk Factors" section of our most recent Quarterly Report on Form 10-Q and other filings that we make with the Securities and Exchange Commission. If one or more of these factors materialize, or if any underlying assumptions prove incorrect, our actual results, performance or achievements may vary materially from any future results, performance or achievements expressed or implied by these forward-looking statements.
In addition, the statements in this release reflect our expectations and beliefs as of the date of this release. We anticipate that subsequent events and developments will cause our expectations and beliefs to change. However, while we may elect to update these forward-looking statements publicly at some point in the future, we specifically disclaim any obligation to do so, whether as a result of new information, future events or otherwise. These forward-looking statements should not be relied upon as representing our views as of any date subsequent to the date of this release.
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WALKERTOWN — East Surry tennis swept doubles, but came up a match short against Walkertown.
The Cardinals won all three doubles matches, but Walkertown won 5-4 in Northwest Conference play.
Top seed Daniel Hancock earned a win in both singles and doubles.
He beat Everett McClelland 7-5, 6-1. Then he teamed with Lucas Bonilla to edge Daniel Guffey and Nick Walker 7-5.
The Cards nearly won the top three slots.
Second seed Dan Moore came up just short in the first set, losing only 5-7 to Wyatt Neal despite feeling under the weather.
Moore lost the first four games of the second set before retiring as he became more ill.
The third match was even closer as Aaron Sigmon took on D.J. Basham.
These two players looked so much alike, said Coach Brandon Cooke. From the way they swung the racquet to the way they moved around the court, the two were very similar, so it took a long, hard battle to determine a winner.
Basham won 7-5, 7-6 in the last singles match to finish.
On court four, Bonilla lost to Dylan Mabe 0-6, 0-6.
Trevor Lowe fell to Daniel Parnell 2-6, 0-6.
Ben Ruediselli lost to Brycen Schenker 0-6, 0-6.
In doubles play, Sigmon and John Marion swept Josh Wampler and Jarod Gandy 6-0 in a one-set format.
Lowe and Ruediselli pulled out a long, tough battle 7-5 over Adam Larimore and Kendrick Campbell.
East Surry is home today in another conference match with Atkins.


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Saving money for a specific near-term goal, say a dream vacation or a home, can be easy. You know what you want, you know about how much you need, and you know when you need it. Becoming a lifelong saver, however, requires a bit more discipline and a commitment to changing spending habits.
According to the Consumer Federation of America, just half of Americans think they have good saving habits and are prepared for the future. Saving for tomorrow is a necessary evil some seem to have difficulty embracing, so instead of making a short-term goal, ask yourself how do really effective everyday savers do it? Below are five habits super savers adopt:
1. Know how much money you have
It sounds simple, but are you keeping track of each penny? Many rely upon online banking to do the work, but consider the importance of balancing your checkbook: You may catch checking account errors the bank might not, you can note fees erroneously charged to you, and you can have an immediate balance that accounts for all expenditures and deposits in real time.
2. Choose the right savings vehicle
The highest interest rate is appealing, but smart savers have their money in account types that makes the most sense for their lives. Traditional savings accounts, money market accounts and CDs all offer a return on your investment, but at different rates, and with different penalties for accessing your money. Make sure you allocate your savings appropriately so that you gain the highest return on funds you are least likely to need in the short-run while preserving access to other cash to handle unexpected bills.


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You are responding to the following review:
Submitted: 07-30-2013 by demmerich
This is an awesome and versatile light that will keep you Coast Guard and state reg compliant. Compact round shape, smaller than a hockey puck, gives compliant green port and starboard red lights with 4 LEDs each and a large white backlight of 5 LEDs. Light comes with both straps and a magnet for securing, the magnet has a separate magnetic disk that can be placed under a cap cap to place the light high in a kayak or canoe. Its water proof, Floats, and is great on batteries. I used it on a 340 mile paddle with some extensive night paddling. Lights can be activated separately so the white lights can be used as a flashlight.
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