Category Archives: Criminal Justice Reform

Quote of the Day II: Gov. Bill Richardson on the Death Penalty

(CNN) — New Mexico Gov. Bill Richardson signed a bill Wednesday repealing the death penalty in his state, his office confirmed.

Regardless of my personal opinion about the death penalty, I do not have confidence in the criminal justice system as it currently operates to be the final arbiter when it comes to who lives and who dies for their crime,” Richardson said in a statement Wednesday.

He noted that more than 130 death row inmates have been exonerated in the past 10 years, including four in New Mexico.

“Faced with the reality that our system for imposing the death penalty can never be perfect, my conscience compels me to replace the death penalty with a solution that keeps society safe,” he said.

Guilty Until Proven Innocent

Last night, 60 Minutes ran a fascinating piece about a man who spent 11 years in prison for a rape he didn’t commit, the woman who (incorrectly, it later turned out) identified him as her attacker, and the unreliability of eyewitness testimony.

Here’s Part I:


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And, Part II:


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The Hubris of the National Tactical Officers Association

In my report following the live chat @ The Agitator with Berwyn Heights Mayor Cheye Calvo last week, I made mention of some very modest reforms he was pushing in Maryland. The bill would require all police departments with SWAT teams to provide monthly reports to the state’s Attorney General, local officials and the general public.

Who would have a problem with just a little public oversight over law enforcement? Apparently, the National Tactical Officers Association’s executive director John Gnagey does:

[John Gnagey] says reporting requirements for SWAT teams should emanate from the law enforcement community, not legislators.

“Our data shows that when SWAT teams are deployed, the violence goes down,” said John Gnagey, who was a SWAT team member for 26 years in the Champaign, Ill., police department.

One question for Mr. Gnagey: That slogan that you have on your squad car that says “to serve and protect,” who exactly are you trying to serve and protect? Based on the tone from the article, it appears that you are only interested in serving and protecting law enforcement. Silly me, I was under the impression that the purpose of law enforcement was to serve and protect the general public! If you have some data that shows SWAT deployments bring the level of violence down, why are you so afraid of putting this data to the test?

The hubris of Mr. Gnagey illustrates exactly why more oversight of law enforcement is necessary. The article also points out that nationally the number of SWAT deployments rose from 2,500 annually in the 1980’s to between 50,000 and 60,000 in 2005; the War on (Some) Drugs is largely responsible for this dramatic increase. Not everyone agrees that these SWAT deployments have reduced violence.

Mayor Cheye Calvo was also interviewed in the article:

“It’s pretty clear to me that police are using SWAT teams for duties that used to be performed by ordinary police officers,” says Calvo, whose Berwyn Heights house was raided July 29 when police mistakenly thought his wife was involved in drug trafficking. “No question, there are times when SWAT teams are appropriate. What strikes me about this is that police are using SWAT teams as an initial response rather than a last resort.”

What we need is more transparency and it’s never going to happen if we depend on those who have something to hide to change the reporting requirements.

A Song and Open Letter to a President Who is “No Stranger to the Bong”

Thank you, President Obama, for keeping your campaign pledge to end raids on medical marijuana dispensaries that are legal under state laws in California and elsewhere.

Thank you for reversing an inhumane policy established by the Clinton administration and continued by the Bush administration.

Given the experience you and other elected officials have had with illegal drugs and your willingness to challenge the status quo, now is the time to reconsider decades of prohibitionist drug policies that have succeeded only in massively increasing the toll of human misery, violence, and hypocrisy. As with alcohol prohibition, the drug war intensifies and exacerbates every negative outcome it is ostensibly designed to combat.

President Obama, do the right thing and end the war on drugs.

“Obama, You’re No Stranger to the Bong” was written, performed, and edited by Paul Feine; special thanks to Alex Manning.

I couldn’t agree more! As this song points out, Obama is hardly the first politician on the national stage to experiment with drugs. Despite these youthful indiscretions , most of these very people want to ratchet up the War on (Some) Drugs.

Despite my many disagreements with President Obama, I believe that his decision to call the DEA dogs off the medical marijuana dispensaries is a good first step in the right direction. Pardoning Charlie Lynch (back story here and here) seems like the next logical step.

The Root of the Mexican Drug Cartel Violence Spillover Into the U.S.

For those of you who believe that Libertarians focus too much on the War on (Some) Drugs, perhaps it’s time to pay attention to the escalating violence in Mexico which is spilling over into the U.S.

PHOENIX (Reuters) – Hit men dressed in fake police tactical gear burst into a home in Phoenix, rake it with gunfire and execute a man.

Armed kidnappers snatch victims from cars and even a local shopping mall across the Phoenix valley for ransom, turning the sun-baked city into the “kidnap capital” of the United States.

Violence of this kind is common in Mexico where drug cartel abductions and executions are a daily feature of a raging drug war that claimed 6,000 lives south of the border last year.

But U.S. authorities now fear that violent crime is beginning to bleed over the porous Mexico border and take hold here.

“The fight in Mexico is about domination of the smuggling corridors and those corridors don’t stop at the border,” Arizona Attorney General Terry Goddard said.

Execution style murders, violent home invasions, and a spiraling kidnap rate in Phoenix — where police reported an average of one abduction a day last year linked to Mexican crime — are not the only examples along the border.

This is so disturbing on so many levels. In a time when SWAT teams conduct midnight no-knock raids (sometimes on the wrong home) on unsuspecting occupants, its especially distressing to think that even if the occupants comprehend an announcement and see that the intruders are wearing police gear that the occupants must then determine if the intruders are in-fact who they say they are. Either way, all parties involved are placed in a dangerous situation.

What is a resident to do?

To surrender is to take the chance that the intruders are the police. If s/he is wrong, s/he risks kidnapping, robbery, raping, torture, and/or death.

To stand one’s ground and take the chance that the intruders are not the police escalates the situation which can result in death and/or loss of freedom (imprisonment).

This potential for confusion in itself suggests to me that all SWAT drug raids should be immediately halted at least until this spillover along the Mexican border is under control. The question is: how?

Conservatives suggest building a fence or wall along the border. While this approach might slow down the flow of drug and people trafficking, this in itself does not deal with the root problems and would not stop the spillover. If drugs can get past the walls of a maximum security prison, how is it possible to believe that a wall would prevent drugs from making their way into our country?

Some on the Left believe that greater gun control measures would make acquiring firearms more difficult for the drug cartels. Besides the obvious infringements against the Second Amendment, the bad guys always manage to get their weapons of choice. This approach also does not deal with the root of the problem.

This brings me to the root of the problem:

While some Americans may feel victimized by the spillover of violence, others are contributing to it. Americans provide 95 percent of the weapons used by the cartel, according to U.S. authorities. And Americans are the cartels’ best customers, sending an estimated $28.5 billion in drug-sale proceeds across the Mexico border each year.

As long as there is a demand for these drugs, there will be someone willing to supply these drugs. In the days of Prohibition, Al Capone supplied a particular demand; today this demand is supplied by Jack Daniels, Anheuser-Busch, and many thousands of others. When Anheuser-Busch has a dispute with competitors or customers, the dispute is settled in a court of law rather than the streets. There is every reason to believe that lifting drug prohibition would work the same way.

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