Showing posts with label prisons. Show all posts
Showing posts with label prisons. Show all posts

Saturday, February 4, 2012

The Rhetorical Power of "Drugs"

Unless you follow sports or sports news pretty closely, you probably have never heard of Sam Hurd. Until a couple months ago, he was just a wide receiver and special teams player for the NFL's Chicago Bears. He recently signed a contract for $5.1 million, not anywhere near a star's salary, but enough cheddar that people are predictably surprised that a "rich" man would get caught trafficking a large amount of cocaine.

I don't know enough about the case or Hurd to explain what he was doing. I could get into the one-sided nature of NFL contracts (if you get cut from the team, you don't get paid, no matter what the paper says), the short professional tenure of most NFL players ( ~4 years), or what it says to be a typical special teams player not named Devin Hester (you're a back-up when a star goes down), but I don't think "why?" is really important either. Furthermore, I generally don't trust media reports this early into the public phase of the process. It's a one-sided PR battle waged by the prosecution until the lawyers hash it out at trial, so talking about this or that "fact" is just speculation. What I do want to focus on is the predictable shock and outrage that a 'successful' man is doing something so risky and potentially life ruining as cocaine trafficking.

Here is an image of what a lot of people think when they hear "drug dealer":



Black. Cornrows. Neck Tattoo. "Bling." Vaguely menacing to those people who get scared of people who look something like this. Pictures like this pay for the Drug War.

The problem is, while this is what our prison population looks like, it's not fully indicative of who is selling, buying, and using drugs. The guy in the picture could be Father of the Year for all I know, but if you Google image search "drug dealer," he comes up.

The United States illicit drug market is the largest in the world--surpassing the drug market for the entire European continent--worth multiple billions of dollars. Tens of millions of Americans are illicit drug users. Think about that for a moment: tens of millions. The drugs have to get to all of them somehow, and it's not always delivered by someone who looks like our friend here.

"Drug dealers" are just people who exchange drugs for property, money, or services. That's it.

Not every person who sells drugs is a "drug dealer," per se--a lot of times it's a user who gets extra for his friends. Like chipping in on a beer run, it doesn't make sense for multiple users to all go separately to a seller, so one guy can pick up a bunch--as drugs, like most goods, are cheaper when you buy in bulk--and distribute it to his friends. Other times, someone "knows a guy"--you could say, a drug dealer--who brings in extra cash by selling drugs to regular or semi-regular users. The guy is not on the street hustling or gang banging--he works at a job and makes extra money on the side by selling to friends, co-workers and other people he knows aren't police. If you have a secure supplier and a small customer base, this can last quite sometime with low risk because most people who use drugs don't actually get caught. The risk comes when someone does get caught and rats out his dealer to avoid or decrease jail time. Such is the life of the low-level dealer.

The other risk, which it appears Mr. Hurd discovered, comes when you're trying to expand your customer base. Your quantities are larger so transportation becomes more difficult, and you're much more likely to draw the attention of law enforcement.

The police are rather fond of big fish, you see.  It seems to be their only distraction from the Sisyphean drudgery of the drug war day after day. For a brief moment, they try to convey that they've done something useful, despite having no lasting effect on the supply or demand for drugs. Even in the rare event law enforcement is successful in dramatically reducing one type of drug from making it from supplier to consumer, the latter's desire to get high remains and new drugs come to the fore or less popular drugs reemerge through alternate channels.

But back to my point: the scary "drug dealers" are just people engaged in a market. In massive distribution networks, like the Mexican cartels, there are kingpins and mercenaries and mules and American distributors and-so-on down the line as the drugs are diffused into the American black market economy. In more local operations, there are a farmers who grow marijuana in fields, woods, homes, or warehouses and smaller supply networks. Eventually, the drugs get to "that guy" and then to the consumer. People at various levels essentially are engaged in the same enterprise, but face vastly different pressures and constraints related primarily to the level of prohibition enforcement, but also the cost of overhead ( the level of bribes and kickbacks required to do business on top of growth and distribution) and local competition. Access to major drug channels in northern Mexico that stretch into the southern U.S., for example, can be expected to produce a high volume of drug-related violence due to the profits tied to those routes. Yet, in San Francisco, there are state-sanctioned distribution shops and users all over the place--yet there aren't constant shootouts at Haight and Ashbury or decapitated bodies in Berkeley despite the ubiquitous drug trade. The tolerance of law enforcement, whether by law or priority, lowers operating costs of drug sales. If you and your neighbor can both make a little money selling drugs, but neither of you is likely get super rich from doing it, motivation for violence is virtually zero. One doesn't become a violent monster just because he makes some dough selling his old college buddies some weed once a week.

This overreaction isn't at all limited to "drug dealers." The Daily Show put out a great bit this week about a newish but (thankfully) enjoined law in Florida that requires all welfare recipients to take a drug test. This video shows how poor people--simply by someone asserting that they do drugs at a higher rate than more affluent folks--are subject to invasive 4th Amendment violations just because they are poor (and probably perceived to be racial minority, but that's another post) are thus assumed to be "drug users."

                       
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Regardless, because it's "drugs," all sense and decency go out the window despite the fact that the poor actually spend less on drugs than non-poor folks and alcohol--a perfectly legal addictive intoxicant that one or two people have been known to use as escape mechanism--isn't regularly tested for. Surely, we don't wanna be subsidizing bar tabs any more than we want to pay for weed -- but this raises uncomfortable questions about what taxpayers can really demand of the people to whom their money is given and where that line stops. I would like few things more on this planet than a more constructive alternative to government-provided welfare--but until that becomes a reality, I don't believe setting arbitrary and abusive bars on that assistance helps anyone. Indeed, by kicking a drug user off of welfare, they further marginalize a poor person who may very well have a drug problem. He or she still needs to survive, and without a legitimate source of income, a life of crime--be it as a dealer or actual crimes against people and property to support their problematic habit--is likely to make the community more dangerous than it would have been supporting this person's habit. And, of course, you can't very well support this policy from a fiscal stance if the result is more people in prison being supported for food, shelter, and medical care. You don't have to believe in drug legalization to recognize the probable downside to this policy.

If you say "drugs," then all the normal limits of what we expect of people and what is proper for government to do change--whether we're talking about dealers, users, or even suspected users. The general consensus is that drugs are bad, and thus anything to stem their influence--whether the solutions are shown to be the least bit efficacious or not--are accepted with almost no hesitation. Similarly, anyone engaged in the trade is assumed to be a horrible person--a violently cruel drug dealer or a drug-using bloodsucking leech on society. This is both foolhardy from a budgetary perspective and unspeakably cruel from a humanitarian perspective. The result is the Drug War that diverts resources from violent crimes to pursue vice crimes whose greatest tie to violence is the prohibition itself. Everyone is presumed to be guilty and without excuse for their alleged behavior, which must be condemned in no uncertain terms and with the harshest of punishments. All this makes  United States the undisputed leader in incarceration on the planet, imprisoning one percent of our entire adult population with more than three percent on probation or parole. "Drugs" as rhetorical boogeyman allows the American public to support an ever-expanding incarceration state and tolerate the Drug War that feeds it.  Given the outcomes of the policy, it's hard not to think "drugs" has become a euphemism for a more inflammatory word that has traditionally scared the status quo.




bellum medicamenti delenda est

Monday, October 25, 2010

And a Silver Star for Prison Nurseries!

There is just so much wrong with this Northern Ohio editorial about a report on incarcerated women:
The report, released Thursday by the National Women's Law Center and the Rebecca Project for Human Rights, analyzes policies in three areas — prenatal care, shackling of pregnant women during childbirth, and community-based alternatives to incarceration enabling mothers to be with their children.

Only one state, Pennsylvania, received an A. Ohio received a C, scoring a D in prenatal care, a D in shackling policies and an A in community-based alternatives. Ohio also earned a B for its prison nurseries.
Let's put aside the awfulness of reading a sentence that "also" gives a letter grade to a prison nursery system and discuss the "alternatives to incarceration." Here's an alternative: let's try eliminating mandatory minimums:
As a backdrop to its findings, the report noted the number of women in prison — more than 115,000 as of 2009 — has risen at a higher rate than that of men since the introduction of mandatory sentencing policies for many drug offenses. It said most of the women are nonviolent, first-time offenders, and about two-thirds have at least one child under 18. (emphasis mine)
Put two and two together: legislative overreach into the judicial branch has authorized the government to put shackles on non-violent first-time offenders giving birth to children. In what bizarro world is this considered humane? What kind of society does this to a woman?

Well, the News-Herald has an original idea to prevent these situations: Just say "no":
While we support greater accountability and consistency, and while we don't feel women should be shackled to the extent they suffer lasting hip and back injuries while giving birth, as an Arkansas women alleges in a lawsuit, we feel the better way for mothers to avoid these problems is simply to stay out of prison in the first place.

Certainly a pregnant woman's health — and the health of her child — should be accounted for, but ultimately, incarcerated mothers are in the situation they're in because they committed a crime — for which they knew there would be consequences. (emphases added; smug contempt for justice in original.)
Shorter News-Herald: Well, so long as the shackles allow certain leeway so as to prevent injury, we see nothing wrong with treating a woman giving birth with less respect than we would give an animal in a zoo.

The 'crime ergo punishment' argument is as weak as it is tired. Yes, if you commit a crime, you can expect punishment if caught. This does not mean that any and all punishments are acceptable for any given crime.

There is a genuine and disturbing disconnect in this country between those who believe in blind justice, as I do, and those who believe that law and order should be blind to justice.

Photo courtesy of Jane Evelyn Atwood; used without permission.

That someone is labeled a "convict" or a "criminal" is not license to treat them inhumanely. This is even more true for those who have violated laws that are themselves unjust--as most of our drug laws and sentencing laws are.

bellum medicamenti delenda est.

Monday, August 2, 2010

The Systemic Unfairness of the Criminal Justice System

A rich man railroaded by an unconstitutional law reflects on his 28 months in federal prison:


It had been an interesting experience, from which I developed a much greater practical knowledge than I had ever had before of those who had drawn a short straw from the system; of the realities of street level American race relations; of the pathology of incorrigible criminals; and of the wasted opportunities for the reintegration of many of these people into society. I saw at close range the failure of the U.S. War on Drugs, with absurd sentences, (including 20 years for marijuana offences, although 42% of Americans have used marijuana and it is the greatest cash crop in California.) A trillion dollars have been spent, a million easily replaceable small fry are in prison, and the targeted substances are more available and of better quality than ever, while producing countries such as Colombia and Mexico are in a state of civil war.

I had seen at close range the injustice of sentences one hundred times more severe for crack cocaine than for powder cocaine, a straight act of discrimination against African-Americans, that even the first black president and attorney general have only ameliorated with tepid support for a measure, still being debated, to reduce the disparity of sentence from 100 to one to 18 to one.

And I had heard the vehement allegations of many fellow residents of the fraudulence of the public defender system, where court-appointed lawyers, it is universally and plausibly alleged, are more often than not stooges of the prosecutors. They are paid for the number of clients they represent rather than for their level of success, and they do usually plead their clients to prison. They provide a thin veneer for the fable of the poor citizen’s day in court to receive impartial justice through due process.

And I had the opportunity to see why the United States has six to twelve times as many incarcerated people as other prosperous democracies, (Australia, Canada, France, Germany, Japan, and the United Kingdom), how the prison industry grew, and successfully sought more prisoners, longer sentences, and maximal possibilities of probation violations and a swift return to custody.

Before I got into the maw of the U.S. legal system, I did not realize the country has 47 million people with a criminal record, (most for relatively trivial offenses,) or that prosecutors won more than 90% of their cases. There, at Coleman, I had seen the courage of self-help, the pathos of broken men, the drawn faces of the hopeless, the glazed expression of the heavily medicated, (90% of Americans judged to require confinement for psychiatric reasons are in the prison system), and the nonchalance of those who find prison a comfortable welfare system compared to the skid row that was their former milieu. America’s 2.4 million prisoners, and millions more awaiting trial or on supervised release, are an ostracized, voiceless legion of the walking dead; they are no one’s constituency.

The whole thing, very much worth the read, here.

UPDATE: I should mention that I don't endorse everything Mr. Black says in the piece and I think he is guilty of over-generalization, especially painting public defenders as "in league" with the prosecutors. I think the PD system needs serious adjustment, as does the plea bargaining process. I stand by my encouragement to read it, but not without a critical eye. -JPB

Thursday, February 19, 2009

One of the Most Disturbing Stories I've Read, Ever.

It is rather difficult to surprise me when it comes to corruption in the criminal justice system. I grew up acutely aware of its power over people, particularly poor people/people of color, and while I'm no Hobbesian, I'm not one to always assume the best in people. And specifically given how long Radley has been chronicling (and thus I have been following) the Stephen Hayne debacle in Mississippi, I didn't think it could get much worse.

I was wrong.

As Radley stated when reason published the story today, a description of it doesn't really fit well into a soundbite. Suffice it to say, the article describes a tragic miscarriage of justice, gross incompetence by nearly everyone involved, and a criminal act by charlatans that should throw into question every word of testimony ever given in court by the perpetrators--and that includes potentially thousands of cases. I can't recommend strongly enough that you read it.

Friday, January 25, 2008

A Peek Inside Gitmo


A detailed and disturbing look inside the facilities in Guantanamo. Pictured here, a "recreation facility" that looks strikingly similar to the cages you'd find in professional wrestling.

Wow.

Tired of dating life? Just want to find a woman, settle down, and marry a murderous psychopath? Here's your chance!!!

I don't know if it's real -- but I'm inclined to believe it's just [messed] up enough to be completely legit. Regardless, it is very entertaining.

Via Daily Dish.

Wednesday, December 19, 2007

Free Mike Vick

Yeah, I said it.

A bit of prologue before I explain myself:

5 Atlanta Falcons were fined yesterday for violating NFL uniform policies by displaying "unauthorized personal messages" which supported their locked-up teammate. Anyone who follows the NFL knows that this is not unusual, the league having previously fined QB Jake Plummer for honoring his college and pro teammate Pat Tillman (who was killed in Afghanistan) and forbidding Colts QB Peyton Manning from wearing black shoes to honor Hall of Fame Colts QB Johnny Unitas because only the Ravens were sanctioned to publicly pay their respects. (When Unitas played, the Colts were in Baltimore.)

So, in that respect, I don't fault the NFL for coming down on these players because they are being consistent with policy, however stupid the policy is.

In fact, I don't fault the NFL at all. They are a business heavily reliant on their cultivated image and do what they feel necessary to maintain it. Furthermore, if they banned Michael Vick from ever playing again, I wouldn't have a problem with it. What he did was reprehensible and deserved harsh rebuke and punishment.

But not prison.

Prison is a horrible place, and more horrible than it should be. Gang warfare, the drug trade, random violence, murders, rapes and sexual slavery are all part and parcel of the American correctional system. A stint in prison can be psychologically damaging even if you get out without physical harm. It is a denial of the fundamental right of human liberty -- which it should be for those who violate the rights of others. (It is a crime itself that we allow our prisons to function like this and they should be reformed, but that is not within the scope of this post)

But Michael Vick did not violate anyone else's rights. Dogs, however lovable, are not people. They have no rights, as properly understood. As a practical matter, even the SPCA realizes this.

Nearly every animal shelter in America kills animals. They call it "euthanasia" -- but we all know what it is. When animals are unwanted and not adopted, the shelters "put them down" -- a violation of the most fundamental right-- the right to life.

Some people, even staunch libertarians, are backing the government on this one. Yet, if the animals had rights, would not the government not be responsible for the dogs killed and tortured over the course of the undercover investigation? If those were people being tortured and killed, the government would be unquestionably obligated to stop the action immediately. They weren't, because the lives and well-being of those dogs were sacrificed for the court case. That could never happen to people because?...PEOPLE HAVE RIGHTS.

All of this is not to say Vick should not be punished. I have no problem with a state or municipal court fining Vick, and harshly if they so choose, for violating some moral standard of the community. Also, as I said above, the NFL can do with his employment whatever they wish within the stipulations of his contract. But as it currently stands, Vick pleaded guilty to federal charges, which by itself is BS on a stick, and is also facing state charges in Virginia for the same crimes -- a clear violation of Double Jeopardy protection.

So yes, free Mike Vick. Neither he nor society will be better off by subjecting him to the violent criminal culture of prison life. It is perfectly within reason to think that both he and society will actually be worse off once he is released.

Thursday, July 26, 2007

Self-Love is a Battlefield

me from reason.'s blog

A Florida judges adds 60 days in jail to a convicted robber's 10-year sentence. The crime?

A Broward prisoner accused of committing a sex act while he was alone in his jail cell was found guilty Tuesday of indecent exposure...

In reaching the guilty verdict, jurors found that an inmate's jail cell is ''a limited access public place'' where exposing oneself is against the law.

The judge sentenced [Terry Lee] Alexander, of Lauderdale Lakes, to 60 days in jail, on top of the 10-year sentence he is currently serving for armed robbery.

While punishing a prisoner for exposing himself seems reasonable, the guard who brought the charges is not:

Alexander's attorney argued that the prison cell was a private place and that what Alexander was doing was perfectly normal.

''Did other inmates start masturbating because of Mr. Alexander?'' [Defense attorney Kathleen] McHugh asked [BSO Deputy Coryus Veal, the officer who brought the charges]. ``Did you call a SWAT team?''

''I wish I had,'' Veal answered...

Veal, who has charged seven other inmates with the same offense, insisted that she was not against the act itself -- just the fact that Alexander was so blatant about it.

As if this case weren't silly enough:

Defense attorney Kathleen McHugh faced 17 prospective jurors and asked point-blank who among them had never done that particular sex act.

No hands went up.

If BSO Veal can't find a way to discipline prisoners for this behavior outside of the court system, perhaps she should find a new line of work.