Thursday, August 7, 2014
"Sociology of Prison Life"
The title of this post is the title of this intriguing new little paper from across the pond authored by Deborah Drake, Sacha Darke and Rod Earle available via SSRN. Here is the abstract:
Prison life both fascinates and repels. As with many aspects of punishment it attracts the interest of both academics and the general public. In this short and accessible account the principal issues of prison life are presented in a historical context that traces the emergence of focussed academic study of the way people live, and die, in prison.
The most influential theoretical perspectives are clearly set out alongside a discussion of their influence on research and analysis in the UK and beyond. Questions of women’s experience and that of black and minority ethnic prisoners are explored before a consideration of post-colonial prison studies is introduced. These studies of prison life beyond the axis of Europe and north America challenge some of the accumulated academic wisdom of Anglo-phone and European studies of prison life, indicating the potential of novel developments to come in an era which, unfortunately, shows no signs of declining to produce more and more prisons.
Wednesday, August 6, 2014
Some sentencing reminders about what stalled in the "do-nothing Congress"
I tend not to get into bashing Congress for failing to do stuff while locked into its current partison gridlock. This is in part because I see gridlock reflecting important, real and deep policy divisions on certain critical public policy issues, and in part because I always worry federal legislation will (sometimes? often?) risk making certain problems worse rather than better through questionable one-size-fits-all approaches to governing. (For a useful discussion of this basic perspective, I liked this recent Washington Post commentary by Jared Bernstein headlined "The do-nothing Congress is still better than the actively-do-harm Congress.")
Whatever one's broader views concerning the vices or virtues of a do-nothing Congress, proponents of federal sentencing reform cannot help but be somewhat disappointed that a lot of notable (and arguably badly needed) federal sentencing proposals are now stuck in neutral inside the Beltway. For starters, as Bill Otis is quick to note in this new post at Crime & Consequences, it seems that all the bipartisan momentum that had built up around the Smarter Sentencing Act (and also some other reentry/back-end sentencing reform bills) has now come to something of a halt.
For the record, I had always believed and feared that significant statutory reform to any major federal sentencing provisions would be an up-hill climb in a divided Congress, especially after seeing how hard it was to achieve (quite tepid) reform of extreme statutory crack sentencing provisions even when Congress was firmly in Democratic control. A year ago, in this little post titled "Could significant federal criminal justice reforms become more likely if the GOP wins Senate in 2014?", I ruminated that if "Senator Rand Paul and other libertarian-leaning Senator were to become chairs of key Senate Judiciary subcommittees, I think the odds of significant federal criminal justice reforms getting through Congress might actually go up." A year later, I continue to believe that folks particularly eager to see federal statutory sentencing reforms become a reality may now want to root for certain GOP members to become in charge in the Senate.
One other federal sentencing legistaive reform topic on my mind concerns federal child porn restitution awards in the wake of the mess the Supreme Court seemed to make on this front a few months ago through its Paroline decision. Regular readers likely recall that lots of folks were advocating (some even predicting) that Congress could come up with a quick statutory fix to Paroline. But, as of this writing, there has been little action on or serious discussion about a Paroline fix bill known as "Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014." And I definitely fear that the need for, and likelihood of, any effective statutory Paroline fix goes down a bit every month as lower federal courts get in the habit of dealing with the doctrine that Paroline left behind.
Some prior related posts:
- "Right on Crime: The Conservative Case for Reform" officially launches
- "NAACP, right-wing foes get friendly" when it comes to prison costs
- "Conservatives latch onto prison reform"
- NAACP head recognizes Tea Party favors some progressive criminal justice reforms (and sometimes more than Democrats)
- Could significant federal criminal justice reforms become more likely if the GOP wins Senate in 2014?
- Could "momentum for sentencing reform [now] be unstoppable" in the federal system?
- Spotlighting that nearly all GOP Prez hopefuls are talking up sentencing reform
- Bipartisan statutory fix after SCOTUS Paroline mess for child porn restitution introduced in Congress
- Will Congress fix (quickly? ever? wisely?) the "puzzle of paying Amy" after Paroline?
August 6, 2014 in Elections and sentencing issues in political debates, Who Sentences? | Permalink | Comments (3) | TrackBack (0)
Mizzou complete uneventful execution with single dose of pentobarbital
As reported in this AP article, headlined "Missouri puts to death first inmate since botched execution," the first execution in the US since the messy Arizona execution last month took place every this morning without any problems. Here are the basics and the basic backstory:
A Missouri inmate was put to death Wednesday for raping and killing a college student in 1995, making him the first U.S. prisoner put to death since an Arizona lethal injection went awry last month. The Missouri Department of Corrections said Michael Worthington was executed by lethal injection at the state prison and was pronounced dead at 12:11 a.m. He is the seventh Missouri inmate executed this year.
Worthington had been sentenced to death for the attack on 24-year-old Melinda "Mindy" Griffin during a burglary of her Lake St. Louis condominium.... Worthington, 43, had predicted that the nation's high court and Gov. Jay Nixon would not spare him, insisting in a telephone interview with The Associated Press that he had accepted his fate....
Worthington's attorneys had pressed the Supreme Court to put off his execution, citing the Arizona execution and two others that were botched in Ohio and Oklahoma, as well as the secrecy involving the drugs used during the process in Missouri. Those three executions in recent months have renewed the debate over lethal injection. In Arizona, the inmate gasped more than 600 times and took nearly two hours to die. In April, an Oklahoma inmate died of an apparent heart attack 43 minutes after his execution began. And in January, an Ohio inmate snorted and gasped for 26 minutes before dying. Most lethal injections take effect in a fraction of that time, often within 10 or 15 minutes.
Arizona, Oklahoma and Ohio all use midazolam, a drug more commonly given to help patients relax before surgery. In executions, it is part of a two- or three-drug lethal injection.
Texas and Missouri instead administer a single large dose of pentobarbital — often used to treat convulsions and seizures and to euthanize animals. Missouri changed to pentobarbital late last year and since has carried out executions during which inmates showed no obvious signs of distress. Missouri and Texas have turned to compounding pharmacies to make versions of pentobarbital. But like most states, they refuse to name their drug suppliers, creating a shroud of secrecy that has prompted lawsuits.
In denying Worthington's clemency request, Nixon called Worthington's rape and killing of Griffin "horrific," noting that "there is no question about the brutality of this crime — or doubt of Michael Worthington's guilt." Worthington was sentenced to death in 1998 after pleading guilty to Griffin's death, confessing that in September 1995 he cut open a window screen to break in to the college finance major's condominium in Lake St. Louis, just west of St. Louis. Worthington admitted he choked Griffin into submission and raped her before strangling her when she regained consciousness. He stole her car keys and jewelry, along with credit cards he used to buy drugs. DNA tests later linked Worthington to the slaying.
Worthington, much as he did after his arrest, insisted to the AP on Tuesday from his holding cell near the death chamber that he couldn't remember details of the killing and that he was prone to blackouts due to alcohol and cocaine abuse. He said a life prison sentence would have been more appropriate for him....
On Tuesday, Griffin's 76-year-old parents anticipated witnessing Worthington die. "It's been 19 years, and I feel like there's going to be a finality," Griffin's mother, Carol Angelbeck, told the AP, after flying to Missouri from their Florida home. With the execution, "I won't have to ever deal with the name Michael Worthington again. I'm hoping for my family's sake, my sake, that we can go there (to the prison) and get this over with."
"In this case, there is no question in anyone's mind he did it, so why does it take 18 or 19 years to go through with this?" added Jack Angelbeck, Griffin's father. "This drags on and on. At this point, it's ridiculous, and hopefully it's going to end."
This DPIC page reports that there are more scheduled executions in the US until September, and then there are four executions scheduled in a eight-day period in the middle of the month. Three of those executions are planned in Missouri and Texas, which has had no real problem keeping their machineries of death humming along because of their use of pentobarbital as an execution drug. But Ohio has an execution scheduled for September 18 using a drug cocktail that has led to problems in the past. As a result, I suspect Ohio will once again be the state to watch most closely for interesting lethal injection developments and litigation in the weeks ahead.
Conservative Townhall publication provides more signs of modern political sentencing times
Townhall Magazine promotes itself as "the hottest monthly conservative magazine for politics, investigative reporting, news, conservative humor, culture, and commentary from your favorite authors and personalities." For that reason (and others), I was intrigued to see that the August issue of Townhall Magazine has this lengthy new article headlined "Should Conservatives Oppose the Death Penalty?" The article has two Townhall editors debating "whether or not the United States should keep using the death penalty." In addition, the columnist section of the Townhall website today has these three notable new columns on topics frequently discussed on this blog (and, especially, championing positions I have often advocated):
Jonah Goldberg: "Liberals Come Late to the Pot Party"
Harry R. Jackson, Jr.: "Restoring Prisons and Prisoners on Our Watch"
I have long said on this blog that I thought a lot of my positions concerning mass incarceration, severe mandatory minimum sentencing provisions and the modern drug war ought to appeal to principled anti-big-government concervatives. This latest collection of pieces via Townhall confirms these views for me.
Tuesday, August 5, 2014
Another round of heated debate over guilt of executed Cameron Todd Willingham
CNN has this lengthy new article reviewing some new developments in the long-running debate over the prospect that Texas killed an innocent man when it executed Cameron Todd Willingham in February 2004. Here are excerpts from the CNN piece:
More than a decade after his execution, Cameron Todd Willingham is still a pawn in the debate over the death penalty.
Opponents of capital punishment say Willingham's is a clear case of an inmate being wrongfully executed, while the original prosecutor and state of Texas have been steadfast in their assertion that Willingham should be no one's cause célèbre.
"Willingham was a psychopathic killer who murdered his three children," John H. Jackson, the former Navarro County prosecutor who handled the case in 1992, wrote in an e-mail. "He submitted to a polygraph with predictable results, he confessed the murders to his wife, the trial evidence established two prior incidents when he tried to kill his children in utero by vicious attacks on his wife."
Willingham was executed in February 2004 after being found guilty in an arson that killed his children, 2-year-old Amber and 1-year-old twins Karmon and Kameron. His family has fought to have his name cleared ever since.
The Innocence Project filed a grievance Monday with the State Bar of Texas, asking that it investigate the now-retired prosecutor. The grievance alleges Jackson "fabricated and concealed evidence," including documents indicating that a jailhouse informant received special treatment in exchange for his testimony, which Jackson and the informant both claimed was not true during the original trial....
A story in The Washington Post on Sunday, written by the Marshall Project, a journalistic group focusing on criminal justice matters, said Willingham's case is especially important to death penalty opponents because it could provide the first case showing "conclusively that an innocent man was put to death in the modern era of capital punishment."...
Appellate courts, including the Supreme Court, declined to stop Willingham's execution, yet in his final words, he claimed to be "an innocent man convicted of a crime I did not commit." Since his conviction, the science employed by investigators to determine that the fatal fire was an arson, as well as a post-conviction claim by his ex-wife, Stacy Kuykendall, that Willingham confessed to her, have been matters of debate.
The Marshall Project story reports that informant Johnny Webb, whose testimony was integral to convicting Willingham, now says he lied on the witness stand in exchange for favors from Jackson. The story also alleges that correspondence between Jackson and Johnny Webb indicate the two were in cahoots. Jackson told CNN the letters are being misconstrued....
Little seems certain in Willingham's case, outside the fact that death penalty opponents and proponents staunchly disagree over his guilt. Disagreement has been a mark of the case, as Willingham's own defense attorney told CNN in 2009 that he thought his client was guilty, while one of the jurors who convicted him expressed doubts.
Texas Gov. Rick Perry has defended his decision not to stay Willingham's execution, calling him a "monster." Meanwhile, Innocence Project Co-Director Barry Scheck said in the Monday news release that not only should the verdict be called into question, but so should the man who prosecuted Willingham.
Notable discussion of traffic fatalities in Colorado after marijuana legalization
Radley Balko has this notable new Washington Post piece headlined "Since marijuana legalization, highway fatalities in Colorado are at near-historic lows." The full piece merits a full read for those thinking about the potential public safety impact of marijuana, and here are excerpts:
It makes sense that loosening restrictions on pot would result in a higher percentage of drivers involved in fatal traffic accidents having smoked the drug at some point over the past few days or weeks. You’d also expect to find that a higher percentage of churchgoers, good Samaritans and soup kitchen volunteers would have pot in their system. You’d expect a similar result among any large sampling of people. This doesn’t necessarily mean that marijuana caused or was even a contributing factor to accidents, traffic violations or fatalities.
This isn’t an argument that pot wasn’t a factor in at least some of those accidents, either. But that’s precisely the point. A post-accident test for marijuana metabolites doesn’t tell us much at all about whether pot contributed to the accident....
It seems to me that the best way to gauge the effect legalization has had on the roadways is to look at what has happened on the roads since legalization took effect.... [R]oadway fatalities this year are down from last year, and down from the 13-year average. Of the seven months so far this year, five months saw a lower fatality figure this year than last, two months saw a slightly higher figure this year, and in one month the two figures were equal....
What’s notable here is that the totals so far in 2014 are closer to the safest composite year since 2002 than to the average year since 2002. I should also add here that these are total fatalities. If we were to calculate these figures as a rate — say, miles driven per fatality — the drop would be starker, both for this year and since Colorado legalized medical marijuana in 2001. While the number of miles Americans drive annually has leveled off nationally since the mid-2000s, the number of total miles traveled continues to go up in Colorado. If we were to measure by rate, then, the state would be at lows unseen in decades.
The figures are similar in states that have legalized medical marijuana. While some studies have shown that the number of drivers involved in fatal collisions who test positive for marijuana has steadily increased as pot has become more available, other studies have shown that overall traffic fatalities in those states have dropped. Again, because the pot tests only measure for recent pot use, not inebriation, there’s nothing inconsistent about those results....
Of course, the continuing drop in roadway fatalities, in Colorado and elsewhere, is due to a variety of factors, such as better-built cars and trucks, improved safety features and better road engineering. These figures in and of themselves only indicate that the roads are getting safer; they don’t suggest that pot had anything to do with it. We’re also only seven months in. Maybe these figures will change. Finally, it’s also possible that if it weren’t for legal pot, the 2014 figures would be even lower. There’s no real way to know that. We can only look at the data available. But you can bet that if fatalities were up this year, prohibition supporters would be blaming it on legal marijuana.
Is Jodi Arias really going to represent herself at her Arizona death penalty retrial?
The question in the title of this post is prompted by this new report from Arizona headlined "Jodi Arias to represent self in Arizona death penalty sentencing retrial." Here are the basics:
An Arizona judge agreed on Monday to allow convicted murder Jodi Arias to represent herself during a sentencing retrial to determine if she will face the death penalty for killing her ex-boyfriend in 2008, a court spokesman said.
Judge Sherry Stephens granted the request by Arias during a hearing in Maricopa County Superior Court, allowing her to act as her own lawyer when the retrial begins in September, said spokesman Vincent Funari.
Stephens issued the ruling from the bench after cautioning the former California waitress that she felt it would not be in her best interest to take over from her current attorneys, Funari said.
Arias was convicted last year of murdering Travis Alexander in his Phoenix-area home six years ago in what authorities said was a bloody crime scene. He was found slumped in his shower, stabbed multiple times, his throat slashed and shot in the head.
The same jury that convicted Arias in a high-profile trial that was live-streamed on the Internet to tens of thousands of viewers found her eligible for the death penalty, but deadlocked on whether she should actually be put to death.
The sentencing phase retrial will see a new jury impaneled next month to weigh her fate, but will not be broadcast live. If the new jury also deadlocks on capital punishment, a judge will sentence Arias to spend either her natural life in prison, or life with the possibility of parole after 25 years.
Monday's decision came during a rare open session in the case, which has mostly been argued in recent months behind closed doors. Funari said while Arias will represent herself, her current attorneys will act as advisory counsels.
Some prior posts on the Arias case:
- After high-profile state murder conviction, Jodi Arias claims she wants death penalty over LWOP
- Are there (and/or should there be) special death penalty rules for female murderers?
- Arizona jurors quickly make finding for Jodi Arias to be formally death eligible
- Jodi Arias now pleading for a life sentence before sentencing jury
- Arizona prosecutors say they are still planning to try again to get Jodi Arias sentenced to death
- Noting the high costs of seeking to give Jodi Arias death penalty fame rather than LWOP pain
"The Miller Revolution"
The title of this post is the title of this notable new article by Cara Drinan now available via SSRN. Here is the abstract:
In Miller v. Alabama, the Supreme Court held that the Eighth Amendment prohibits mandatory life without parole sentences for juveniles — even those convicted of homicide. In this Article, I argue that the Miller decision was, indeed, revolutionary and that, if lower courts and legislators heed the moral leadership of the Miller Court, they could set in motion a return to the juvenile justice model this country began with more than a century ago.
This article proceeds in three parts. Part I traces the development of mandatory juvenile sentences in this country and identifies two key forces driving that development: the practice of transferring juvenile cases to adult court and the emergence of determinate sentencing schemes. Part II is the heart of the article. It examines the Miller decision, as well as its immediate predecessor cases, at a granular level. Having done so, Part II surveys the numerous calls for an expansive reading of Miller that academics and advocates have made to date. Part II then shifts to argue that, indeed, Miller should be read expansively, but that some corollaries of Miller are more readily defensible than others. In particular, I argue that Miller lays the foundation for: 1) the elimination of mandatory minimums as they apply to children and 2) the creation of procedural safeguards for children facing life without parole comparable to those in place for adults facing the death penalty. Part III addresses the likely objections to my two specific proposals and maintains that, despite the concerns of the dissenting Justices in Miller, there are several limiting principles even to an expansive reading of Miller. Finally, by way of conclusion, I note that already there are signs of progressive juvenile justice reform at the state level consistent with the reading of Miller I propose herein and that, in some ways, the Miller revolution is already underway.
Judge denies Florida sex offender's request to be physically castrated
As reported in this local article, a judge in Florida has felt compelled to reject a sex offender's notable request for a notable alternative punishment. Here are the details:
Lester Leroy Williams is serving ten years in prison for sexually battering a child. Back in 2008, he was also sentenced to 4.5 years of probation. Recently, the 35-year-old Williams made a bizarre request: He wants the state to physically castrate him.
In a letter Williams wrote at the Union Correctional Institution in Raiford, he asked Fifth Judicial Circuit Court Judge Hale Stancil to modify his sentence to include castration at the expense of the state. But Stancil denied the unusual request this past Tuesday, stating his court didn't have jurisdiction to rule over the case.
"In 32 years, I have never had this request before," said Stancil, who spoke about the case for the first time to New Times. "I know there is chemical castration, but I've never had an inmate ask to be physically castrated before. I don't think I have authority as a judge to order such a thing."...
Florida already allows certain sex offenders to receive medroxyprogesterone acetate (MPA) treatment as part of their rehabilitation. MPA, an artificial hormone, is normally used to treat symptoms of menopause in women, but when used by men, it decreases testosterone to pre-puberty levels. MPA has been used on sex offenders for years as a way of reducing the chances of recidivism by diminishing the sexual urges of men who have long histories of committing sex crimes.
According to Florida law, courts must sentence repeat offenders of sexual battery to MPA treatment but may choose to administer it to first-time offenders. The treatment does not replace or reduce any other penalty the court could impose, and the courts can order the treatment to last up to life....
The law stipulates though that instead of undergoing the chemical form of castration, sex offenders may -- of their own volition -- ask a court for physical castration, which is what Williams has done. Though the legal leeway seems to exist, it is rarely chosen -- Williams may be the first in Florida to request it even though he isn't even required to have MPA treatment.
"Sex offenders are wretched," said Maryam Sweirki, 25, a Miami advocate for victims of sexual assault. "If he can't handle his penis, then I'm for his decision to take his weapon away."
However, critics of castration believe it to be a cruel and unusual punishment that violates human and reproductive rights; with other critics arguing the law that allows for MPA castration, though it applies to both genders, is unequal in punishment because it has a greater impact on males. Some of the side-effects related to the drug (besides decreased sexual urges) are: a loss of body hair, hot and cold flashes, impotence, depression, thrombosis, and weight gain.
Though it has been shown to decrease the number of reoffenders, some opponents further argue that castration isn't a panacea for all sex offenders because some of them are motivated to sexually abuse because of intense feelings of hatred and hostility, rather than sexual desire.
Some related older posts:
- Isn't chemical castration worth trying if it works?
- "Sex-Offending Teacher Asks for Castration"
- Alabama legislators discussing castration and other novel punishments for sex offenders
- Are there reliable data on the efficacy of chemical castration?
- "Europeans Debate Castration of Sex Offenders"
- "Argentina province OKs chemical castration for rapists"
- Huff Post commentary urging stiffer sentences and chemical castration for sex offenders
- Virginia state senator urging study of physical castration for sex offenders
- After high-profile child rapes, Koreans talk of physical castration and harsher sentencing for sex offenders
- "Sex offender offers to castrate himself for lighter sentence"
Monday, August 4, 2014
Check your local PBS listings for "15 to Life: Kenneth's Story"
Premiering this week on PBS stations is this new documentary titled "15 to Life: Kenneth's Story." The documentary discusses life without parole sentences for juvenile offenders with a focus on a Florida defendant, Kenneth Young, who at age 15 received four consecutive life sentences for a series of armed robberies. Here is part of the description of the film from this PBS website:
In June 2000, 14-year-old Kenneth Young was convinced by a 24-year-old neighborhood crack dealer — Kenneth's mother's supplier — to join him on a month-long spree of four armed robberies. The older man planned the Tampa, Fla. heists and brandished the pistol— and, on one occasion, he was talked out of raping one of the victims by his young partner. Fortunately, no one was physically injured during the crimes, although the trauma that resulted was immeasurable.
When they were caught, Kenneth didn't deny his part. It was his first serious scrape with the law. But at 15, he was tried under Florida law as an adult. Astoundingly, he received four consecutive life sentences — guaranteeing that he would die in prison. 15 to Life: Kenneth's Story follows the young African-American man’s battle for release, after more than 10 years of incarceration, much of it spent in solitary confinement. The film is also a disturbing portrait of an extraordinary fact: The United States is the only country in the world that condemns juveniles to life without parole.
Kenneth’s sentence was not a rarity. As 15 to Life shows, there are more than 2,500 juveniles serving life sentences in the United States for non-lethal crimes, as well as for murder. In the 1990s, many states reacted to a rise in violent youth crimes by amending their laws to allow more juveniles to be tried as adults. Then, in 2010, the U.S. Supreme Court ruled in Graham v. Florida that life sentences for juveniles convicted of crimes other than murder were unconstitutional. That made 77 Florida inmates, including Kenneth, eligible for early release. But how would the Florida courts, historically in favor of juvenile life sentences, apply the Supreme Court decision to a decade-old case?...
At the core of the story, of course, stands Kenneth, now 26, who is candid about his crimes. He says he has followed a path of self-improvement and is remorseful for what he did, even as he remains flabbergasted about his punishment. (Oddly enough, in a separate trial, Jacques Bethea, the older man who organized the robberies and who carried the gun, received a single life sentence.)
At his hearing for a reduced sentence, Kenneth tells the court, "I have lived with regret every day ... I have been incarcerated for 11 years and I have taken advantage of every opportunity available for me in prison to better myself ... I am no longer the same person I used to be. First Corinthians, Chapter 13, Verse 11 says: 'When I was a child I thought as a child. When I became a man I put away all childish things.' I want to turn around and apologize to my victim for what I did."
Kenneth's plight elicits mixed reactions. While some of his victims are inclined to see him let go, others, along with the prosecutor, defend the original punishment. Kenneth's contention that the older man coerced his cooperation by threatening his mother is dismissed, because he didn't speak up as a 15-year-old at his original trial. And arguments that Kenneth's new sentence should take into account his rehabilitation may not convince this Florida court.
UPDATE: A helpful reader noted that through September 3, folks can view the program online at the PBS website here.
August 4, 2014 in Assessing Graham and its aftermath, Assessing Miller and its aftermath, Film, Offender Characteristics, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (2) | TrackBack (0)
Sixth Circuit reverses federal forced labor conviction based on ordering kids to do household chores
The Sixth Circuit this morning handed down a fascinating ruling in a case which reinforces my fear that that modern federal prosecutors may often have too much discretionary criminal justice power as well as my optimism that a wise modern judiciary can and will often play a critical role in checking that power. The unanimous panel opinion in US v. Toviave, No. 13-1441 (6th Cir. Aug. 4, 2014) (available here), starts and ends this way:
Child abuse is a state crime, but not a federal crime. Forced labor is a federal crime, 18 U.S.C. § 1589, but the statute obviously does not extend to requiring one’s children to do their homework, babysit on occasion, and do household chores. Only by bootstrapping can this combination of two actions that are not federal crimes — child abuse and requiring children to do household chores — be read as a federal crime.
Defendant Toviave brought four young relatives from Togo to live with him in Michigan. After they arrived, Toviave made the children cook, clean, and do the laundry. He also occasionally made the children babysit for his girlfriend and relatives. Toviave would beat the children if they misbehaved or failed to follow one of Toviave’s many rules. While his actions were deplorable, Toviave did not subject the children to forced labor. The mere fact that Toviave made the children complete chores does not convert Toviave’s conduct — what essentially amounts to child abuse — into a federal crime. Toviave’s federal forced labor conviction must accordingly be reversed....
[V]ictims in the other [discussed forced labor] cases were denied almost all contact with the outside world. The evidence in this case shows that the children attended school, spent time with relatives and Toviave’s friends, engaged in recreational activities, and went on vacations with Toviave. The children also interacted with teachers, classmates, and teammates on sports teams. Viewing the evidence favorably to the government, it is true that the children probably did not have the same freedom as many other children. For example, Toviave did not let the children have friends over, go to sleep-overs, or freely use the phone. But their isolation was not nearly as severe as the victims in other forced labor cases. Finally, we have found no other cases where the government convicted a victim’s relative of forced labor. This absence is likely explained by the difficulty of drawing a line between what amounts to forced labor and what are widely accepted childrearing practices in the context of a familial relationship where the labor at issue consists entirely of household chores.
The line between required chores and forced labor may be a fine one in some circumstances, but that cannot mean that all household chores are forced labor, with only the discretion of prosecutors protecting thoughtful parents from federal prosecution. The facts of this case fall on the chores side of the line.
Because the Government did not present sufficient evidence of forced labor, we need not reach the other issues in this case. Toviave’s convictions for forced labor are REVERSED.
"Women in the Federal Offender Population"
The title of this post is the title of this intriguing new document from the US Sentencing Commission as part of its documents as part of its terrific series of reader-friendly "Quick Facts" publications. (Regular readers may recall from this prior post that the USSC describes these publications as a way to "give readers basic facts about a single area of federal crime in an easy-to-read, two-page format.") Here are some of the data highlights from this new publication that I found especially interesting:
While women continue to make up a small percentage of federal offenders, the proportion of federal offenders who were women rose slightly from 12.1% in fiscal year 2009 to 13.3% in fiscal year 2013....
In fiscal year 2013, more than two-thirds of female offenders were sentenced for drug trafficking (33.7%), fraud (23.9%), or immigration (14.3%) offenses....
The largest racial group of female drug trafficking offenders was Hispanic (43.6%) followed by White (35.6%), Black (16.3%), and Other Races (4.5%).
The largest racial group of female fraud offenders was White (42.5%) followed by Black (35.8%), Hispanic (15.5%), and Other Races (6.2%).
Most female immigration offenders were Hispanic (86.4%), followed by White (5.4%), Other Races (4.9%), and Black (3.3%).
The average age of these offenders at sentencing was 38 years.
Most female offenders (70.8%) had little or no prior criminal history (i.e., assigned to Criminal History Category I).
Weapons were involved less frequently (4.1%) in cases involving females than in cases involving males (8.6%).
Three-quarters (75.6%) of female offenders were sentenced to imprisonment, which is less than the rate for male offenders in fiscal year 2013 (93.5%).
Female drug trafficking offenders were often sentenced to imprisonment (90.3%), although at a lower rate than male drug trafficking offenders in fiscal year 2013 (97.3%).
Female fraud offenders were sentenced to imprisonment at a lower rate (61.1%) than were male fraud offenders (74.1%).
Female offenders were convicted of a statute carrying a mandatory minimum penalty at a lower rate (24.0%) than were male offenders (26.9%).
The average sentence length for females convicted of a statute carrying a mandatory minimum penalty was 60 months.
The average sentence length for females not convicted of a statute carrying a mandatory minimum penalty was 17 months.
For each of the past five years, female offenders were sentenced within the guideline range in less than half of all cases (49.7% in fiscal year 2009 and 40.2% in fiscal year 2013), compared to 55.3% and 49.8% for male offenders.
The rate of government sponsored below range sentences increased from 28.0% in fiscal year 2009 to 32.9% in fiscal year 2013, compared to 26.3% and 28.7% for male offenders.
The percentage of female offenders that received a non-government sponsored below range sentence increased over the last five years (from 21.1% of cases in fiscal year 2009 to 25.8% in fiscal year 2013), compared to 16.3% and 19.2% for male offender
The average guideline minimum for female offenders has increased over the last five years from 36 months in fiscal year 2009 to 41 months in fiscal year 2013.
The average sentence imposed slightly increased over the last five years, from 25 months in fiscal year 2009 to 27 months in fiscal year 2013.
Like all good and detailed and sophisticated sentencing data, there are many ways to "spin" all these numbers. But midst all the numbers, the most glaring of the data points seem to be a not-insignificant increase over the last five year of the average guideline minimum and the average imposed sentence for female offenders in the federal system even despite a significant reduction in crack sentences during that period.
Will any Justices express any concerns about drug secrecy after third ugly execution?
The question in the title of this post is prompted by this new AP article headlined "Justices silent over execution drug secrecy." Here are excerpts:
No one on the Supreme Court objected publicly when the justices voted to let Arizona proceed with the execution of Joseph Wood, who unsuccessfully sought information about the drugs that would be used to kill him.
Inmates in Florida and Missouri went to their deaths by lethal injection in the preceding weeks after the high court refused to block their executions. Again, no justice said the executions should be stopped.
Even as the number of executions annually has dropped by more than half over the past 15 years and the court has barred states from killing juveniles and the mentally disabled, no justice has emerged as a principled opponent of the death penalty.
This court differs from some of its predecessors. Justices William Brennan and Thurgood Marshall dissented every time their colleagues ruled against death row inmates, and Justices Harry Blackmun and John Paul Stevens, near the end of their long careers, came to view capital punishment as unconstitutional. "They're all voting to kill them, every so often. They do it in a very workmanlike, technocratic fashion," Stephen Bright, a veteran death penalty lawyer in Georgia, said of the current court.
Wood's execution on July 23 was the 26th in the United States this year and the third in which prisoners took much longer than usual to die. Wood, convicted of killing his estranged girlfriend and her father, was pronounced dead nearly two hours after his execution began, and an Associated Press reporter was among witnesses who said Wood appeared to gasp repeatedly, hundreds of times in all, before he died.
Justice Ruth Bader Ginsburg said she and her colleagues are aware of what happened in Arizona, though she declined to say how the court would rule on a plea to stop the next scheduled execution -- of Michael Worthington on Wednesday in Missouri. "Your crystal ball is as good as mine," she said last week in an interview with The Associated Press.
The court's rejection of Wood's claim that he was entitled to learn more about Arizona's procedures and the source of the execution drugs came at the end of protracted legal wrangling. A federal judge in Arizona initially denied Wood's claim. The federal appeals court in San Francisco then granted a reprieve. But the justices reversed that ruling in a brief order. The court said the judge who initially ruled against Wood "did not abuse his discretion."...
The substance of capital punishment issues usually finds its way in front of the justices when there is no time pressure. In January, the court heard arguments in a case over a Florida law that used a rigid threshold in intelligence test scores in cases of borderline mental disability. In late May, a five-justice majority led by Anthony Kennedy struck down the law because it "contravenes our nation's commitment to dignity."
The soaring language that Kennedy often favors in his opinions has led some death penalty experts to believe that he eventually will provide the fifth vote, along with those of the court's four liberal justices, to end or severely restrict the use of the death penalty. "It is impossible to reconcile that language with the secrecy surrounding lethal injections," said Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund. "My assumption is quite a lot is happening behind the scenes."
Ginsburg cautioned not to read too much into the absence of public dissent when the court rejects 11th-hour appeals to stop executions. "When a stay is denied, it doesn't mean we are in fact unanimous," she said.
Still, Ifill said the court's unwillingness so far to deal with states' reluctance to reveal much about the provenance of lethal injection drugs is troubling. "I'm disappointed after all the revelations that at least some justices weren't prepared to say something pretty strong," she said.
The old saying, "Third time's a charm," has me inclined to predict that we may end up hearing from at least one Justice or two concerning execution drug secrecy the next time this issue is effectively raised before the Supreme Court. Whether that occurs this week on later this year, I suspect this issue will have some legs if states continue to have to experiment with new execution drug protocols and continue to preclude capital defendants from knowing all the experimental details.
A few recent related posts:
- Split Ninth Circuit panel stays Arizona execution based on First Amendment (really?!?!) drug secrecy concerns
- After Kozinski's candor, what will SCOTUS due about First Amendment stay in Arizona capital case?
- After SCOTUS vacates First Amendment stay, Arizona Supreme Court delays execution
- After stays vacated, Arizona needs two hours to complete another ugly execution
- "After troubled execution in Arizona, Ohio to use same drugs, dosage"
- After another ugly execution, will Missouri and Texas have any difficulties keeping up monthly execution plans?
Sunday, August 3, 2014
Significant AG Holder comments asserting severe rigid sentences are not needed to induce cooperation
Attorney General Eric Holder's significant speech at the National Association of Criminal Defense Lawyers' Annual Meeting made headlines mostly due to his expression of concern about the use of risk assessment instruments in initial sentencing determinations (as previously discussed here). I will discuss AG Holder's nuanced comments on this front in some future posts.
Before discussing the use of risk assessment instruments in initial sentencing determinations, I first want to recommend that everyone read all of AG Holder's NACDL speech, which is available here, because it includes a number of notable passages addressing a number of notable sentencing topics. Of particular note, these paragraphs seek to debunk the oft-heard statements that reform of mandatory minimum sentencing provisions could prevent prosecutors from securing needed cooperation from defendants:
[T]he Smart on Crime initiative has led us to revise the Justice Department’s charging policies with regard to mandatory minimum sentences for certain federal, drug-related crimes — so that sentences will be determined based on the facts, the law, and the conduct at issue in each individual case. This means that the toughest penalties will now be reserved for the most serious criminals. Over the last few months — with the Department’s urging — the U.S. Sentencing Commission has taken additional steps to codify this approach, amending federal sentencing guidelines for low-level drug trafficking crimes to reduce the average sentence by nearly 18 percent. Going forward, these new guidelines will impact almost 70 percent of people who are convicted of these offenses. And last month, the Commission voted to allow judges to apply these revised guidelines retroactively in cases where reductions are warranted.
Now, some have suggested that these modest changes might somehow undermine the ability of law enforcement and prosecutors to induce cooperation from defendants in federal drug cases. But the reality is that nothing could be further from the truth.
Like anyone who served as a prosecutor in the days before sentencing guidelines existed and mandatory minimums took effect, I know from experience that defendant cooperation depends on the certainty of swift and fair punishment, not on the disproportionate length of a mandatory minimum sentence. As veteran prosecutors and defense attorneys surely recall — and as our U.S. Attorney for the Western District of Wisconsin, John Vaudreuil, has often reminded his colleagues — sentencing guidelines essentially systematized the kinds of negotiations that routinely took place in cases where defendants cooperated with the government in exchange for reduced sentences. With or without the threat of a mandatory minimum, it remains in the interest of these defendants to cooperate. It remains in the mutual interest of defense attorneys and prosecutors to engage in these discussions. And any suggestion that defendant cooperation is somehow dependent on mandatory minimums is plainly inconsistent with the facts and with history.
Far from impeding the work of federal prosecutors, these sentencing reforms that I have mandated represent the ultimate expression of confidence in their judgment and discretion. That’s why I’ve called on Congress to expand upon and further institutionalize the changes we’ve put in place — so we can better promote public safety, deterrence, and rehabilitation while saving billions of dollars and reducing our overreliance on incarceration.
Round-up some more potent posts from Marijuana Law, Policy and Reform
Not surprisingly, the New York Times series explaining its editorial judgment that marijuana prohibition should be ended (first noted here) has generated lots of buzz. And, as demonstrated by this round-up of recent posts at Marijuana Law, Policy and Reform, lots of folks are talking about lots of issues in addition to the points being raised by the NYTimes:
Saturday, August 2, 2014
"Swift, Certain, and Fair Punishment — 24/7 Sobriety and Hope: Creative Approaches to Alcohol- and Illicit Drug-Using Offenders"
The title of this post is the title of this notable new article by Paul Larkin of The Heritage Foundation available via SSRN. Here is the abstract:
Local and state government officials in South Dakota and Hawaii have implemented a creative way to address some of the problems stemming from alcohol and drug use. The South Dakota 24/7 Sobriety program and Hawaii’s Opportunity Probation with Enforcement (HOPE) project seek to deal with those problems by combining an old criminological theory with modern technological devices. Criminologists, both old and contemporary, have believed that the certainty and celerity of punishment are more effective components of deterrence than is the severity of a penalty. In fact, anyone who has been a parent will tell you that the swift and certain use of a mild or moderate punishment is far more likely to deter unwanted conduct than the threat of an infrequently used severe punishment imposed at some point down the road.
South Dakota and Hawaii have developed innovative programs to deal with substance use and noncompliance with the conditions of supervision. Both programs address this problem. Starting from the proposition that certainty and celerity are more important than severity when measuring the effectiveness of punishment and using a rigorous alcohol-testing regimen, South Dakota has made strides toward the reduction of problem drinking and the attendant harms that it can produce. Hawaii has independently developed and followed a similar approach to the use of drugs and crime, subjecting certain offenders to rigorous, random drug urinalysis punished by the certain imposition of a modest stint in jail for those who fail the required tests. Those creative approaches are worth serious consideration as an effective and humane means of addressing the grim problems that alcohol- and drug-abusers pose for victims and society.
August 2, 2014 in Offense Characteristics, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Sentences Reconsidered, State Sentencing Guidelines, Who Sentences? | Permalink | Comments (4) | TrackBack (0)
Documenting the high health-care costs of an aging prison population in Oklahoma
This notable article from Oklahoma, headlined "Inmate health costs rise, prisons scramble for solutions," highlights a modern corrections reality facing more and more jurisdictions as the economic costs of tough-on-crime policies come into focus. Here are excerpts:
Taxpayers forked over nearly $1 million last year to buy inhalers to treat asthma and emphysema among inmates in state prisons. The state also paid for 530,647 inmate prescriptions.
Those represent just a fraction of the health expenses for the state’s approximately 25,000 inmates, which cost $36.6 million last year, according to a review by the State Auditor and Inspector’s office.
That total amounts to an 11 percent increase from 2010 to 2013, and experts say the number likely is to keep swelling, especially as the inmate population ages. “That is something Oklahoma has in its future, and it’s definitely something to keep an eye on,” said Maria Schiff, director of Pew Charitable Trust’s State Healthcare Project, which recently researched prison health care costs.
According to the Pew report, Oklahomans paid the least in the nation in prisoner medical expenses, at $2,558 per inmate, while Californians spend the most at $14,495. That was based on expenses in fiscal year 2011. But that number is growing. By fiscal 2013 — the most recent year for which data is available — Oklahomans spent an average of $7.58 per inmate per day in medical expenses, said Department of Corrections spokesman Jerry Massie.
A prison’s health care spending usually depends on the size of its prisoner population and its age, Schiff said. Oklahoma’s percentage of inmates 55 and older was near the top in the nation, the Pew researchers found. That trend also was detected by the state’s audit, which found that nearly 43 percent of the state’s inmates are older than 40. That percentage has been steadily growing.
That’s a key finding, the audit noted, because older inmates typically have more illnesses and infirmities, and they cost taxpayers at least double what’s spent on their younger counterparts. The number of older inmates sentenced for the first time has grown nationally, Schiff said. They join inmates sentenced in the 1980s who simply are aging in prison....
Finding a balance in funding can be complex, Gary Jones, state auditor and inspector, noted in the report. That’s because the Corrections Department has no control over criminal laws, who gets prosecuted, the length of sentences imposed or the number of people entering its system. “Proponents of ‘tough-on-crime’ and policymakers advocating rigorous sentencing laws must act responsibly and commit sufficient financial resources to fund the infrastructure, operations and specialized programs needed to accommodate the resultant expansion of a demographically demanding inmate population, or find ways in which to be smart on crime, keeping in mind the ever-increasing cost to Oklahoma taxpayers,” Jones wrote in his report.
There may be no easy solution, but Jones’ staff proposed one alternative in the audit — releasing older and terminally ill inmates. That’s not a popular choice, as legislator Jeannie McDaniel, D-Tulsa, discovered. She proposed a bill that could have led to the release about 600 or 700 inmates age 65 or older if they met certain conditions, including conviction for a non-violent crime. The Parole Board ultimately would have made the decision, she said.
McDaniel said she got the idea from Louisiana’s early release for an aging population at its Angola prison. “Their success was great, and they saved the money,” she said. “These were people that were not threats to society. Their costs were eating up the prison budget.”
But McDaniel said she met resistance from prosecutors who felt the Parole Board shouldn’t be able to overturn sentences handed down by a judge or jury. She hopes to introduce a similar bill during this coming session, she said.
Schiff said a number of states have passed guidelines for geriatric release. Among the advantages of those programs is expense: While freed inmates likely end up on Medicaid, the state shares those costs with the federal government. Also, the state doesn’t need to pay to drive freed inmates to appointments. But early release is controversial in many places where lawmakers struggle to decide which prisoners should qualify and under what circumstances, Schiff said.
"Cougar caged: Public sex nets woman, 68, six months in the slammer"
The title of this post is the irrestistable sentencing headline from this Sun-Sentinel article discussing a recent Florida sentencing. (This Huffington Post article on the same case went with this headline: "Grandma Will Spend 6 Months In Jail For Public Sex.") Here are the randy details via the HuffPo piece:
A married grandma of 14 faces six months behind bars after she had public sex with a man who was not her husband at a public pavilion in Florida. Peggy Klemm, 68, and her 49-year-old copulation co-conspirator, David Bobilya, were sentenced Wednesday after their romp at Lake Sumter Landing Market Square, Click Orlando reports. Apparently, a retirement community there called The Villages, which houses 100,000 people, is known for its wild nights, $3.75 cocktails and public sex.
Klemm likely got arrested because she was on probation for a previous reckless driving charge, the Daily Mail reports. She was slapped with six months in jail when she took a plea deal for the public sex. Klemm and Bobilya were caught with their pants around their ankles having sex against the Bait Shack hut at 10:30 p.m. on June 12.
She stood in front of a judge on Wednesday and mouthed "I love you" to her husband of 50 years, Frank Klemm, who stood beside her despite the philandery. "She is a super woman as far as I'm concerned," he told Click Orlando. "And she deserves a second chance. That's all I have to say."
She apologized through tears as she walked out of court. She'll get credit for time served and has 135 days left to her sentence. Bobilya is also serving a six-month sentence.
UPDATE: I am intrigued and pleased (I think) that a commentor claiming to be this defendant's child has written about the case in the comments and provided this link to a website about the defendant's situation. Proof yet again that there are multiple sides to every criminal justice story.
Friday, August 1, 2014
Spotlighting that nearly all GOP Prez hopefuls are talking up sentencing reform
I have previously questioned the assertion that significant federal sentencing reform is inevitable, and the failure of the current Congress to make serious progress on the Smarter Sentencing Act or other notable pending federal sentencing reform proposals has reinforced my generally pessimistic perspective. But this effective new article from the Washington Examiner, headlined "2016 contenders are lining up behind sentencing reform --- except this one Tea Partier," provides further reason to be optimistic that federal sentencing reform momentum will continue to pick up steam in the months ahead. Here are highlights:
Sen. Marco Rubio hasn’t hammered out a firm position on mandatory minimum sentencing laws yet. A year ago, that would have been perfectly normal for a Republican senator and rumored presidential contender. But over the last months, most of the potential Republican nominees have voiced support for policy changes that historically might have gotten them the toxic “soft on crime” label. These days, though, backing prison reform lets Republicans simultaneously resurrect compassionate conservatism and reach out to voters who wouldn’t typically find much to love from the GOP.
Rep. Paul Ryan is one of the latest potential presidential candidates to tout mandatory minimum sentencing reform as part of a conservative strategy to reduce poverty.... [H]e has debuted a new anti-poverty agenda that includes support for the Smarter Sentencing Act, a bill with a Senate version co-sponsored by Senate Majority Whip Dick Durbin, D-Ill., and Tea Party favorite Sen. Mike Lee, R-Utah, and a House version from Rep. Bobby Scott, D-Va., and Raul Labrador, R-Idaho. That bill would shorten some of the mandatory minimum sentence lengths and also would expand the “safety valve” that keeps some non-violent drug offenders from facing mandatory sentences.
“It would give judges more discretion with low-risk, non-violent offenders,” Ryan said in a speech at conservative think tank American Enterprise Institute. “All we’re saying is, they don’t have to give the maximum sentence every time. There’s no reason to lock someone up any longer than necessary.”
Ryan is the latest in a string of potential presidential contenders to get on board with prison reform. But it’s likely the state of criminal justice reform would look different without Texas Gov. Rick Perry. In 2007, the Texas legislature adopted a budget designed to reduce the number of people incarcerated and spend more money on treatment. Since then, the state has closed three adult and six juvenile prisons, crime rates have reached levels as low as in the 1960s, and recidivism rates have dipped.
Perry has used his national platform to tout this reform — at a Conservative Political Action Conference (panel with Americans for Tax Reform President Grover Norquist, for instance, he said real conservatives should look to shut down prisons and save money — and other states have adopted reforms following the Lone Star State model.
Sen. Rand Paul, another 2016 favorite, has been one of prison reform’s most vocal boosters. In an April 2013 speech at Howard University — a speech that got mixed reviews — he drew plaudits for criticizing mandatory minimum sentencing laws. “Our federal mandatory minimum sentences are simply heavy-handed and arbitrary,” he said, per CNS News. “They can affect anyone at any time, though they disproportionately affect those without the means to fight them. We should stand and loudly proclaim enough’s enough.”
That speech took prison reform one step closer to becoming a national conservative issue, rather than just the purview of state-level think tank wonks and back-room chats among social conservative leaders.
And, of course, New Jersey Gov. Chris Christie addressed the issue in his second inaugural, connecting support for prison reform to his pro-life convictions.
None of this support means that legislation like the Smarter Sentencing Act has good odds in this Congress. Brian Phillips, a spokesman for Lee, said that since House Majority Leader Eric Cantor’s astounding primary loss, House Republicans have become more gun-shy about any sort of politically complicated reform measures. And GovTrack.us gives that bill a 39 percent chance of being enacted.
But that doesn’t mean conservative appetite for prison reform will abate. Molly Gill, government affairs counsel for Families Against Mandatory Minimums, said interest in the issue is growing. “ It can’t go away,” she said. “If Congress doesn’t fix it now, it’s still going to be a problem next year. It’s going to be a problem at the Department [of Justice], it’s going to be a problem in appropriations committees, it’s going to be a problem for the Commerce, Justice and Finance subcommittees when they’re doing appropriations bills — because there is no more money coming, and we’re just going to keep stuffing people into overcrowded prisons.”...
For now, most of the Senate Republicans publicly eyeing 2016 bids have co-sponsored Lee and Durbin’s Smarter Sentencing Act — except Rubio, who said his office is examining it. “I haven’t looked at the details of it yet and taken a formal position,” he said. “We study those things carefully.”
Some recent and older related posts:
- Rep. Ryan's new anti-poverty proposal calls for federal sentencing and prison reforms
- Others starting to appreciate "Rand Paul, Criminal Justice Hero"
- Gov Chris Christie talking up drug sentencing reform as a pro-life commitment
- Senator Rand Paul and Governor Chris Christine continue to make the case for criminal justice reforms
- "4 Reasons Conservatives Are Embracing Prison Reform"
- "NAACP, right-wing foes get friendly" when it comes to prison costs
- Rand Paul begins forceful pitch in campaign against federal mandatory minimums
- Could significant federal criminal justice reforms become more likely if the GOP wins Senate in 2014?
- "The most interesting part of [Rand Paul's] speech was his widely anticipated defense of drug law reform."
- Senator Rand Paul talking up restoring voting and gun rights for felons, as well as sentencing reform
- Newt Gingrich saying again that "backing sensible and proven reforms to the U.S. criminal-justice system is a valuable conservative cause"
- "Right on Crime: A Return to First Principles for American Conservatives"
Thursday, July 31, 2014
More potent reviews of criminal justice data via the Washington Post's Wonkblog
In this post last week, titled " "There’s little evidence that fewer prisoners means more crime," I made much of some recent postings on the Washington Post Wonkblog and suggested that sentencing fans ought to make a habit of checking out Wonkblog regularly. This set of new posts at that blog reinforce my views and recommendation:
Though all these posts merit a close read, I especially recommend the first one linked above, as it meticulously details all significant problems with all the "science" claims made by the federal government to justify marijuana prohibition. Here is how that piece it gets started:
The New York Times editorial board is making news with a week-long series advocating for the full legalization of marijuana in the United States. In response, the White House's Office of National Drug Control Policy (ONDCP) published a blog post Monday purporting to lay out the federal government's case against marijuana reform.
That case, as it turns out, it surprisingly weak. It's built on half-truths and radically decontextualized facts, curated from social science research that is otherwise quite solid. I've gone through the ONDCP's arguments, and the research behind them, below.
The irony here is that with the coming wave of deregulation and legalization, we really do need a sane national discussion of the costs and benefits of widespread marijuana use. But the ONDCP's ideological insistence on prohibition prevents them from taking part in that conversation.