Wednesday, May 26, 2004

Former Drug Czar changes tone... ? In yesterday's Wall Street Journal (subscription required) comes this commentary by Barry R. McCaffrey and Mitchell S. Rosenthal. Driven in large measure by harsh drug laws, our prison population has grown from 200,000 to two million over the past 30 years. Now, the tide is turning and, by legislation or referendum, one state after another is changing these laws. But not New York, where the hardline Rockefeller laws remain the nation's most draconian. The laws enjoy little public or political support. Just about all interested parties -- legislators, advocates of various persuasions, and all sectors of the criminal justice system -- favor change. Wow! This is from Barry McCaffrey, former Drug Czar under Clinton and one responsible for much of that prison population and for setting the stage for Walters (our worst Czar ever). Sure, after McCaffrey left his office, he expressed some concern about the drug war -- too little, too late. And now, what is he doing? At Phoenix House, we have been treating drug-abusing offenders (in prison and out) for nearly 40 years. We were among the first to show that treatment, not incarceration, is a more effective, less expensive way to curb drug use and drug-related crime. OK, treatment. Definitely preferable to prohibition (and a big switch from his emphasis as Drug Czar). So what does he have in mind for reform? Reform should ensure the treatment of as many nonviolent offenders as possible. Sentences for drug offenses should be reduced, but not to the point that they no longer provide a meaningful incentive for defendants to accept long-term residential treatment. In-prison treatment should be mandated for offenders with a history of drug abuse who are not appropriate candidates for community-based treatment -- or are unwilling to accept it. Although other, less restrictive treatment options may occasionally be appropriate, mandated treatment for offenders should involve no less than 12 months of residential treatment, followed by 6 months of outpatient aftercare. Penalties for quitting treatment or failing to comply with a treatment regimen should be imposed swiftly and automatically.... Ahhh, now I get it. This is about lobbying for his new business. And it's still all about prohibition, just with enforced, mandatory, lucrative treatment thrown in. And who is this Rosenthal who co-wrote the article? Gen. McCaffrey, former director of the White House Office of National Drug Control Policy, is a director of Phoenix House, of which Dr. Rosenthal is president and founder. Crystal clear. However, they had one statement that, if you remove the fact of their naked greed in re-shifting prohibition to support their business, resonates strongly. There is little doubt that the Rockefeller laws are ineffective. There is no question that they are unfair. To acknowledge their flaws is not to sanction drug use. Addicts do not, because of their addiction, belong in prison. .. and citizens do not, simply because of their drug use, belong in prison, nor are they by definition addicts requiring treatment. [Thanks to Leah at Drug Policy Alliance] 9:20:37 PM |  drug policy | Links | permalink | comment []

Kari Rein - One small step toward justice My original post back in January... From the Oregon Register-Guard: [Kari] Rein, 42, and her husband James Jungwirth, 41, a U.S. citizen, have lived in Williams, near Grants Pass, for 15 years. They run an herb and seaweed harvesting business and have a 14-year-old daughter and a 7-year-old son. 11 years ago, Rein was convicted of growing six marijuana plants for personal use and received probation and community service. The judge at the time said he was confident it was for personal use, "And I'm also satisfied that the two of you are people who are capable of being productive and are being productive in society," the judge continued, "and I don't think at this point that jail really serves any benefit to anyone." Here's the tragedy -- Kari Rein is an immigrant, and immigration officials now (11 years later) want to send her back to Norway. According to Rein's attorney, immigration officials say the conviction qualifies as an aggravated felony and mandates deportation under 1990s immigration rules that have received souped-up enforcement since the Sept. 11, 2001, terrorist attacks on the United States. Six pot plants over a decade ago, and you send a wife and mother away from her home? Does this government have ANY sense of morality? This week's news: Oregon governor pardons woman facing deportation to Norway Kari just found out on Monday. This really is great news. I'm sure Kari and her family are very excited. And I am personally relieved that in this case justice triumphed, but I'm still outraged that it even became an issue. And I got pissed off one more time with the statement made by the governor's office: "In this case, Kari Rein met all the qualifications," said Mary Ellen Glynn, a spokesman for the governor. "She has expressed remorse. She was no threat to public safety. She has been a model citizen prior to this event and since that time." What I wanted to hear from the governor's office was "Well, duh! It would be monumentally stupid not to pardon her in these circumstances." Instead, it's this self-righteous "Well, at least she's shown remorse for her horrible crime of growing six plants eleven years ago." A pardon isn't enough. She should get an apology, and have her legal fees paid back to her. 7:05:57 PM |  drug policy | Links | permalink | comment []