Showing posts with label San Diego Union Tribune. Show all posts
Showing posts with label San Diego Union Tribune. Show all posts

Friday, October 23, 2015

US Prison Population and Drug Offenses

I saw an editorial in the Union Tribune, which was apparently originally written on October 14 2015 in the Washington Post by Charles Lane. His position is that if we ended the war on drugs, and let all of the previous drug offenders out of prison, we still wouldn't significantly reduce the prison population.

Charles Lane pointed out some possible exaggerations in statements recently made by politicians, such as Carly Fiorina's claim that “two-thirds of the people in our prisons are there for nonviolent offenses, mostly drug-related.” He then stated that 46 percent of all state and federal prisoners are there for violent crimes. That clearly conflicts with Fiorina's claim of 66% in prison for non-violent crimes. He also says that only 19.5% of the prisoners are there for drug offenses. It amazes me that the statistics can be so different! The drugwarfacts.org website says 50% of federal prisoners are there for drug violations.  The Huffington Post agrees with that number.  I think the problem is that we don't have standard definitions of what a "drug-related" offense is, nor can we easily tease out the "violent" offenses that are drug related from all other violent offenses.  A lot of burglary, robbery, car theft, weapon offenses, could be caused by drug addicts trying to obtain money to feed their habit of drugs that are only expensive because of our prohibition laws.  Many non-violent crimes, such as income tax evasion, money laundering, credit card fraud etc are also possibly drug-related.  Remember Al Capone was finally convicted for income tax evasion.  That probably would have been called a non-violent, and "non-alcohol" related crime, while his "empire" was all about alcohol, and one of the most violent crime organizations.  

The statistic that is currently being touted by many, including Bernie Sanders and President Obama is that the US has 5% of the world population but 25% of the world's prisoners.  I get the impression that Charles Lane does, somehow agree this is a problem.  But his arguments against relaxation of drug laws makes him appear to be a strong supporter of the drug war.  At the end of his column he wrote of the US incarceration rate: "The only way to lower it dramatically would be to reduce the frequency and duration of imprisonment for violent crimes, while continuing to reduce violent crime itself. If any of the candidates has a plan to do that, he or she should speak up."    So it is clear that Charles Lane doesn't have a real solution to the problem. If he does, he probably wouldn't want to advocate it because it could alienate his readership.  As soon as anyone proposes reducing the frequency and duration of imprisonment for violent crimes, his fellow right-wingers scream "soft on crime" and complain that releasing prisoners will unleash a huge rash of crime in the US,  There are now so very many people making so much easy money as part of the "war on drugs" that they will certainly push the politicians to continue the war.  In the 1960's many Americans complained about the Military-Industrial complex that caused us to buy weapon systems we maybe didn't need.  Now we have a "Drug-war-Industrial Complex" that advocates for continuation of the drug war.   This complex may be larger and much more powerful than the military-industrial complex.  They include high tech companies who make spy and surveillance equipment, border patrol, FBI, NSA, CIA, DEA, Police, prison guard unions, builders of prisons, judges, prosecutors, and even defense attorneys.  They all enjoy relatively high paying positions and are willing to put money into politics to advocate for increasing the war on drugs. 

There could be some changes in the laws that will help reduce the US prison population.  See this article:   However, it would seem that the various organizations that keep statistics on prison populations do need to get together and come up with better definitions and better ways of maintaining the statistics.  If we are going to make any progress on reducing the incarceration rate, we need to be able to have a way of measuring our progress.  It will also be interesting to see if state prison populations change in states that have legalized recreational use of marijuana, like Colorado.  If so, that might prove, or disprove the assumption that relaxing laws on drugs could reduce the incarceration rate.  

One way of trying to figure out why we have such a high incarceration rate is to ask: "What makes the US so different from the rest of the world?"  Is it our drug laws?  We aren't much tougher on drugs than any other nation.  Some, like Indonesia have the death penalty for drug law violations.  Is it our "second amendment" that allows everyone to have unfettered access to guns?  That doesn't seem to be the case from prison population counts. Is it our education level?  We aren't the best or the worst educated country in the world.  Is it our racial and cultural mix?  It is hard to see how that would be connected.   Is it our freedom of religion?  Or our lack of a strong religious "moral compass?" is it our TV & Movies that glamorize drugs and violence?  Our movies and TV are shown all over the world, so how could it be unique to the US?   Somehow, I'd think that the many sociologists, criminologists, political scientists,  and other similar professionals would, by now have some solid, scientific-based recommendations to resolve this problem.

Wednesday, October 14, 2015

Toward a 'More Just' Justice System

October 4 2015 Editorial by the San Diego Union Tribune commented on Gov Jerry Brown's veto messages written on a series of bills that proposed to create new crimes. 
The editorial said that possibly the article written by Alex Kozinski concerning the unfairness of our justice system may have been one of the reasons for his vetoes.
Kozinski was the Chief Justice of the 9th Circuit Court of Appeals and his "Criminal Law 2.0" article in the Georgetown Law Review pointed out the serious flaws in our US system of justice and made a series of recommendations.
I believe I agree with Kozinski's findings and recommendations.  While I have not been in any courts other than a few times on jury duty, I do recognize from the news all of the many injustices that take place.  Prosecutors seem to be anxious to "win at any cost" which gives them a built-in conflict of interest when it comes to justice.  
The US really does need to figure out why we have more people in prison than any other country of the world both by percentage and by total numbers.  Our laws need to narrow down the scope to focus on crimes that actually affect us.  For example, it seems that far too much emphasis is placed upon crimes that occur among consenting adults that incur minimum of harm to others -- obviously drugs, gambling and prostitution.  All of them could easily be regulated, controlled and taxed and it would much better protect the sellers, and buyers.  In the name of protecting the public from these "vices" the Government has then justified defining many more crimes to include RICO, anti gang laws, money laundering laws, restrictions on buying/selling of chemicals that could be used for making or refining drugs, human trafficking (which would be reduced or eliminated if prostitution were legalized), 
The problems created by "illegal gambling" were significantly reduced when legal casinos were built throughout the country.  Now it is a very minor problem.  When prohibition ended, the problems of illegal alcohol almost went completely away.  Yes, we still have problem with DUIs which is a difficult situation for society.  However I believe the "self driving cars" on the horizon will start to resolve that problem long before our justice system will be revised.  

That leaves illegal recreational drugs and prostitution as the only remaining issues that seem to contribute to a very high percentage of our prison population. According to drugwarfacts.org website around 50% of the inmates in the US are there for some sort of drug violation.  These statistics appear to be related to direct drug offenses, and not "secondary" drug offenses.  For example, people could be arrested for gun offenses, or other violent crimes that were a result of disagreements related to drugs.  People could be arrested for money laundering, which could be due to moving drug money.  Gang related arrests and convictions are related to illegal drugs, because so much of a gangs power and finances seem to revolve around marketing of illegal drugs.  I think if all of those causes were included in the statistics, the percentage of drug-related inmates would be much higher.


Tuesday, September 1, 2015

Police Body Cameras Going the Wrong Way?


The San Diego Union Tribune had an editorial today (Sep 1 2015) that pointed out that the "police camera" revolution that had looked like it was going to help resolve the conflicts over police violence may be stopped in its tracks by new legislation.  See this link.  Steven Greenhut also addressed the subject in his column yesterday.  There has been a series of bills proposed in the California State Legislature (AB66, SB175, AB69) that attempted to put some controls on how the cameras are to be used and how/when data can be viewed or shared with the officers and public.  However the powerful police officers unions have apparently lobbied to stop or "water down" the proposed legislation.  Some have decried "thug cops" for stopping the legislation.
We need our police forces to be admired and respected, not feared and hated.  For years the police have confiscated cameras from bystanders who recorded what they were doing.  I've never heard of a police officer being indicted for doing that, even though it is a crime.  Police departments still confiscate videos of police arrests or police misconduct and then try to bury it.    I believe the state needs to establish some standards that treat the officers and citizens fairly and equally when reporting or documenting crimes.  If the police are permitted to view footage before writing their report, then accused citizens should have the same right before being interviewed by police.  If not, then neither should have access.  If the state does not establish standards, then maybe the Federal Government should draft some standards for use by Federal law enforcement agencies, and then it might become a "defacto" standard for states.  I think FBI, DEA, Border Patrol, Coast Guard, and TSA officers should also all have body cameras turned on during activities, and that citizens involved should also be treated fairly and uniformly when in comes to access to those videos. 

Wednesday, December 17, 2014

How far will cop unions go to halt reform? | UTSanDiego.com

Steven Greenhut wrote about how police unions will "bend the law" in order to protect or increase their pay and benefits.  How far will cop unions go to halt reform? | UTSanDiego.com.  This is just another example of how by giving police-type agencies additional power and tools, it could be used for political purposes.
The contractor hired by the police union tried to set up  a candidate whom the union didn't like for an embarrassing DUI situation.  The contractors have been charged by the Orange County prosecutor, however it could be possible that the prosecutor could have a conflict of interest in the situation

Wednesday, July 30, 2014

COUNTY TO PAY $180K OVER ARREST AT GUNPOINT | UTSanDiego.com

This article by Greg Moran in this morning's Union Tribune points out the total lack of discipline in a typical police force that is tolerated by management.
COUNTY TO PAY $180K OVER ARREST AT GUNPOINT | UTSanDiego.com:
The San Diego County taxpayers had to pay $180,000 to this lady in a settlement due to misconduct of County Sheriff Deputies, and those deputies are still on the job!  I hope they are on Bonnie Dumanis' "Brady List" of officers that can be trusted!
If any other resident of San Diego County called the Sheriff Department and complained that a boyfriend or girlfriend had run up unauthorized charges on their credit card, would they get a response with a swat team of between six and ten deputies with arms drawn?  I tend to doubt it!
In addition to the $180K to be paid to the plaintiff, Michelle Martin, these rogue deputy sheriffs also incurred significant other costs to the county.  Apparently we don't know if it was 6 or 10 deputies who traveled from San Marcos to Ocean Beach to perform the arrest.  Are we to understand that the officers involved weren't deposed, and that the Sheriff department really doesn't know where their deputies are at all times?  However if there were ten, they probably had to travel in at least three vehicles.  Three vehicles, ten people for a 90 mile round trip probably caused specialized vehicles to be driven a total of 270 miles (at cost of 75 cents/mile minimum) and the trip itself probably took at least 2 hours.  The time for the home invasion, arrest of Michelle and booking probably another 2 hours.  The hourly labor cost with all overhead probably is close to $150/hour to the County -- so 10 officers for  4 hours would be about $60,000 + $200 for vehicle mileage expense. In addition there was the cost of keeping Martin in jail for 5 days.  On top of all of this, there was the County's legal expense involved in considering Martin's case, dropping the charges, and then defending the County against her lawsuit and then settling. The legal costs to the County, state and federal government were immense from looking at the various legal documents and news articles over the years this case was pending. (see bottom for articles)  There were many  cases filed, huge amounts of lawyers time, judges time, and court administration involved.
The Sheriff deputies who were involved in this should clearly be disciplined, and any such discipline should be made public, so that the public understands that our Sheriff department will not stand for this sort of misuse of resources.  This is important so we know that our tax dollars are being spent properly and that our police forces are trustworthy.
The case seems to revolve around an $8000 charge that Michelle made for furniture after being thrown out of the house she shared with the Deputy--and apparent father of Michelle's two children.  Somehow the Deputy must be responsible for the support and care of the children.  I found no mention of any child support payments from the Deputy for care of the children.  $8000 for furniture doesn't sound unreasonable for starting a new home from scratch with two children.  Why is that relatively small amount of money such a big deal?  I'm not sure what the standards are now for police officers.  However "in my day" in the US Air Force, officers would have been disciplined for living with someone of the opposite sex and unmarried.  Having children out of wedlock would have also initiated discipline.  Abandoning those children would have caused the officer's pay to be attached to pay for support of the children.  From what I read in the news articles, apparently the Deputy was a "deadbeat dad" during this period.
It is also disturbing to me that the action took place in December 2008, Michelle filed the suit in 2009, and it is just now being settled -- around 5 years later!  And the case was settled because the County didn't want the publicity that would be involved with a jury trial.  How long would the County have been able to drag out the case if it actually went to trial?
Here is the results from the Court of Appeals: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/04/16/11-55927.pdf
It appears that the San Diego District Attorney agrees that the Deputy actions were inappropriate--see the bottom of this: http://www.sdsheriff.net/legalupdates/docs/0813.pdf
http://www.courthousenews.com/2013/04/16/56744.htm
It is pretty clear that Michell's neighbors supported her position: http://obrag.org/?p=73026
Appeals court concerning police conspiracy: http://www.utsandiego.com/news/2013/Apr/23/san-diego-sheriff-suit-revived/
Appeals court believes there was no conspiracy: http://www.metnews.com/articles/2013/came041713.htm
http://www.willamette.edu/wucl/resources/journals/wlo/9thcir/2013/04/michelle-cameron-v.-michelle-craig.html