Category Archives: Criminal Justice Reform

President Obama Appoints Drug War Opponent To Head DOJ’s Civil Rights Division

President Obama has appointed attorney Vanita Gupta to head the Department of Justice’s Civil Rights Division. What should be of interest is Ms. Gupta’s opposition to the Drug War and calls for prison reform.

Reason has more:

A drug-war denouncing, prison-reform crusading, longtime civil-rights attorney is President Obama’s new pick to head the Justice Department’s civil rights division. Venita Gupta, 39, will take over as acting assistant attorney general for civil rights next week, and the White House will likely propose making it permanent within the next few months, according to The Washington Post.

Gupta has called the drug war “disastrous”, the asset forfeiture program “broken”, and police militarization “out of control”. She supports marijuana decriminalization and eliminating mandatory minimum sentencing. “It’s time for states to end the costly criminalization of marijuana and recalibrate sentencing laws so that the punishment actually fits the crime as opposed to a politician’s reelection agenda,” she wrote in a September op-ed for CNN.

This is a positive step from an administration that has been all talk on drug policy. While it is unknown if Gupta supports legalization, even just moving towards an approach of decriminalization, eliminating mandatory minimums, and reining in police militarization and the asset forfeiture program would be a very big positive step for civil liberties.

There has been one positive to the Eric Holder Justice Department, which is that the Holder Justice Department has been relentless in launching civil rights investigations in response to police brutality committed by local law enforcement. Gupta’s record and previous writings show that she would be as aggressive in this role as her predecessor, which is a very good thing.

All in all, this is a very good appointment by the Obama Administration that should be praised by anyone concerned with civil liberties.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.

Performance Enhancing? Nope… normalizing… But don’t try to tell the DEA that

There’s a funny thing about my life… I’m not sure if this is comic, tragic, ironic or what…

I spent more than 10 years as a serious competitive powerlifter, football player, wrestler, and martial artist, and another few years as a just a hobbyist.

In that entire time, I never did a single “performance enhancing drug”… Never even tempted to do so.

Now I’m a broken down, fat, middle aged cripple… who the DEA looks at like I’m a drug dealer or abuser of “performance enhancing substances”… just to keep from getting fatter, more broken down, and more crippled.

I’m 8 years into the frank symptoms of chronic illness (which turned out to be a weird and rare kind of endocrine cancer, that almost killed me, and basically destroyed my endocrine system. I have been cancer free for almost 2 years now), and  I am now on damn near the exact combination of drugs that “juicers” would traditionally use for such things.

I take more testosterone every week than most steroid abusers would even think of… and I don’t cycle it, I take it constantly, deep muscle injection every week.

I take an aromatase inhibitor to keep all that testosterone from converting to estrogens and testosterone antagonists (and giving me all the nasty side effects that not cycling off testosterone injections give you). We’re experimenting with that one right now, but we may end up adding an estrogen/estradiol antagonist to the mix on top of the aromatase inhibitor.

By the by… those drugs are normally what they give to breast cancer and ovarian cancer patients. They actually say in the interaction warnings “do not take if you are a man”… unless of course you’re a man whose body is producing too much estrogen, or converting too much testosterone into estrogens and testosterone antagonists, and blocking his ability to produce and use testosterone properly. If you’re not one of those men, it dramatically increases the effect of testosterone (and other steroid hormones) on your body.

I’m on enough primary thyroid hormone to quite literally kill a normal person… in fact, not just “enough”, the amount I take is several times the lethal dosage. It’s still may not be enough for me. The doc just increased it today, and will probably increase it again in 6-12 weeks when we sort out the effects of the new meds. Sometimes athletes abuse thyroid hormones for weight loss, increased energy, and to boost other performance enhancing hormones naturally.

For allergies, and for inflammation pursuant to the endocrine issues, I take two different other steroidal medications (a glucocorticoid and a mineralcorticoid), which act as bronchodilators and anti-inflammatories.

To deal with some of the unfun and nasty side effects and after effects of the cancer (to improve metabolic function, energy, mental acuity etc…) I’m also taking enough creatine to put a normal person into kidney failure… For me, it actually makes my kidneys work better.

Because of the aftereffects of the cancer, the endocrine issues, and the side effects of the medications, I’m on megadoses of vitamins and minerals. I mean MEGADOSES.

Between all of those, my growth hormone production and DHEA production should be elevated through the roof… as if I was taking illegal supplementation of HGH. It’s not… because my endocrine system is so screwed up.

For my edema (another lovely endocrine side effect, which can be made worse by my meds), I take more diuretics than the most abusive wrestler, gymnast, or bodybuilder. I’ve lost 24lbs in 24 hours, and 48lbs in 7 days just from the pills.

For musculoskeletal pain and systemic inflammation, I’m on more and stronger anti-inflammatories than any athlete rehabbing after a major injury (I take 1000mg of etodolac twice a day). I also get periodic shots of antiinflammatory medications directly into my knees.

Those let me get out of bed and walk. Without them… I just don’t.

Between my normal blood chemistry, the damage the cancer did, and the side effects of medications, I’ve got polycythemia, and I’m a hyperclotter. I’m basically naturally blood doping.

To counter the aftereffects of the cancer and make the other meds work better (adrenal and pituitary support), I’m on enough stimulant medication (which is also a bronchodilator) to make the DEA look funny at my doctor… until he explains all of the above.

In fact, the DEA looks funny at several of the drugs I’m taking above. My doctors have had to explain to my pharmacists, and both have had to explain to the DEA… no, I’m not a drug dealer or abuser, I’m not a steroid abusing weight lifter… I’m just a guy who needs this stuff to live.

I should be taking actual pain killers too… I’ve got enough musculoskeletal  damage, neurological damage, and inflammation, that my baseline background pain is pretty substantial.

For those familiar with pain management, I live at about a 3-4 most days, with breakthrough to a 7 on good days, and 6 or 7 with breakthrough to 9 or 10 bad days.

That’s with the meds. Without… there are no good days. There’s just days I can get out of bed, and days I can’t.

I simply refuse to take painkillers. They don’t do a damn thing for me unless I take horse tranquilizer doses, and then they knock me out cold… or worse, leave me sami conscious and barely awake, but unable to think, or concentrate, or really actually sleep. Beside, I don’t like the other side effects.

I’ve learned just to live with the pain, and take what pain reduction I can get with my other medications.

And by the way… this is a MASSIVE REDUCTION of the stuff I used to be taking, during the cancer. My primary care physician and my endocrinologist are both alternative and integrative medicine believers who hate drugs, and only prescribe the absolute minimum necessary.

I’m not overmedicated… if I go off of any of them, or all of them, nothing gets better and it all gets worse. We’ve done differential testing, going off one at a time and seeing the impact then going back on, then varying dosages… I’m definitely not overmedicated.

If anything, there are some other medications that might help me more. We’re very slowly adding things in one at a time, so we can test and measure and adjust.

This isn’t overmedication…

This is what happens, when your endocrine system completely loses the ability to regulate itself. It’s trying to regulate through medication, what the body normally regulates naturally.

It’s what I need to live, and be functional.

The worst thing is though… because of DEA actions, regulations, guidelines, and investigations… Several of my medications, that I need to live, and be productive, and actually be ME?

They’re constantly short of them, or out of them entirely. Sometimes it’s every pharmacy within 30 miles.

They don’t stock them, they don’t stock the dosages I need, or they don’t stock enough to fill my scrips for a month.

I have to get hand written, signed scrips every month, I can’t get refills, and I can’t get more than a 30 days supply at once. If I’m caught with more than a 30 days supply, I can be charged with unlawful possession, and possession with intent to distribute.

I have to hand carry those scrips to the pharmacies, only for them to tell me that it might be a week, maybe two weeks, before they can fill the scrip; because the DEA production quota for that quarter had been exceeded, or the distributors orders were above the DEAs suspect threshold, or because they had sold out of all they could order for that month without the DEA investigating them, or because one scrip of mine was more than the DEA told that pharmacy they could keep in storage.

We won’t even get into what the drugs themselves cost, or what they would cost without the regulatory and compliance burden to deal with these issues.

…And god help me if I actually took the painkillers I should be taking.

All this… because the medications that I need to live and function… are sometimes abused by other people to “enhance their performance”.

… and somehow, some people still seem to think that the “drug war” is helping?

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

One Out of 25 Prisoners on Death Row is Innocent

Benjamin Franklin once argued: “It is better 100 guilty persons should escape than that one innocent person should suffer.” The purpose of courts as drafted in the Constitution was to minimize the occurrences innocent people from “suffering” via an adversarial system in which the accused is considered innocent until proven guilty to a jury of his or her peers.

Regardless of these lofty goals, the question must be asked: how well has this system worked?

If the standard is that of Franklin’s (i.e. less than 1%), then the idea that a rate of 1 in 25 death row convicts are likely innocent is clearly unacceptable. According to a study by the National Academy of Sciences, to the best the researchers were able to determine, this about what the rate is.

Pete Yost for the Associated Press reports:

From 1973 to 2004, 1.6 percent of those sentenced to death in the U.S. — 138 prisoners — were exonerated and released because of innocence.

But the great majority of innocent people who are sentenced to death are never identified and freed, says professor Samuel Gross of the University of Michigan Law School, the study’s lead author.

The difficulty in identifying innocent inmates stems from the fact that more than 60 percent of prisoners in death penalty cases ultimately are removed from death row and resentenced to life imprisonment. Once that happens, their cases no longer receive the exhaustive reviews that the legal system provides for those on death row.
[…]
Because of various assumptions, it might be best to use the margin of error in the study and say the innocence rate is probably between 2.8 percent and 5.2 percent, said University of South Carolina statistics professor John Grego, who wasn’t part of the study.
[…]
“The high rate of exoneration among death-sentenced defendants appears to be driven by the threat of execution,” says the study. “But most death-sentenced defendants are removed from death row and resentenced to life imprisonment, after which the likelihood of exoneration drops sharply.” The study estimates that if all defendants sentenced to death remained in that status, “at least 4.1 percent would be exonerated. We conclude that this is a conservative estimate of the proportion of false conviction among death sentences in the United States.”

I have to say that, even as a fierce opponent of the death penalty, I would have never guessed the number of innocent individuals on death row to be this high. I was horrified by the notion that 1 in 100 or even 1 in 1,000 such individuals could be killed by the state, but 1 in 25?

This brings me to my question for those who support state sanctioned killing: is this an acceptable error rate to you? How many innocent people are we willing to sacrifice in order to kill the most heinous of individuals? Based on this study, the current policy is that we are apparently at peace with the idea of killing 4 innocent people to kill 96 guilty.

This is a price that a free and just country should be unwilling to pay.

This is…

…why I don’t trust people who want power:

By mid-May Steve [Heymann] was acting weird. None of his raids seemed to have turned up what he wanted. Aaron’s lawyer was talking to JSTOR, which had found him through Steve. We had contacted people to talk to JSTOR, eminent people, many of whom were shocked by what was happening. JSTOR was key to the prosecution, it was the victim, and we were winning them over. Steve had agents drop off a warrant made out to Aaron [Swartz], rather than law enforcement. It demanded the JSTOR documents, with the location for serving the warrant left blank. Aaron showed it to me, and we tried to interpret it in bewilderment. Warrants are executed by officers, not suspects. Aaron then told me Steve had threatened to get him arrested for contempt of court if he didn’t turn over JSTOR files. It was all tricks and lies, but it just seemed crazy at the time. But tricks and lies are part of prosecutions, allowed, and perhaps even encouraged, by prosecutorial immunity.

Read the whole thing.

Hey Ann, the War on (Some) Drugs is a Welfare Program

According to Ann Coulter, libertarians are “pussies” for wanting to end the war on (some) drugs and for agreeing with the Left on certain social issues such as gay marriage. Coulter was a guest on Stossel at the Students for Liberty Conference.

Coulter elaborated:

We’re living in a country that is 70-percent socailist, the government takes 60 percent of your money. They are taking care of your health care, of your pensions. They’re telling you who you can hire, what the regulations will be. And you want to suck up to your little liberal friends and say, ‘Oh, but we want to legalize pot.’ You know, if you were a little more manly you would tell the liberals what your position on employment discrimination is. How about that? But it’s always ‘We want to legalize pot.’

[..]

Liberals want to destroy the family so that you will have one loyalty and that is to the government.

Clearly, Ann Coulter hasn’t spent much time hanging around libertarians, going to libertarian events, or reading anything libertarians write. The war on (some) drugs is but one issue. The welfare and warfare state receives at least as much attention by libertarians as the war on (some) drugs. Libertarians have certainly been more vocal about the welfare state than the conservatives of her ilk. I suppose when we agree with her on these issues, progressives should say we are ‘sucking up’ to our conservative friends. It couldn’t be that we have our own principles (such as the non-aggression principle which neither the Left nor the Right practices) and our own reasons for having them.

And speaking of destroying families, what does she think the war on (some) drugs does to families? What about the “magnificent war” in Iraq (her words), war in Afghanistan, or war in general? I wouldn’t suppose war plays any role at all in destroying families. There are the multiple long deployments, soldiers coming home physically and/or mentally disabled, or worse, come home in a box. For all the concern about the destroying of families, one would think that Ann Coulter would want to be a little more careful about when troops are called to risk life and limb (maybe she should consider the Just War Theory ). I would further argue that the military adventurisim our military is engaging in is its own kind of welfare. Most of what our military does is defend other countries rather than ours.

When respoding to a question from a young woman in the audience asking Coulter why it’s any of her business what someone else puts in his or her body Coulter responded:

It is my business when we are living in a welfare state. You get rid of the welfare state then we’ll talk about drug legalization but right now I have to pay for, it turns out down the pike, your healthcare. I have to pay your unemployment when you can’t hold a job. I have to pay for your food, for your housing…

Coulter went on to say that if not for the welfare state, she would be okay with legalizing drugs.

What does she think incarceration does? When someone is incarcerated, s/he is quite literally being housed, fed, and provided healthcare at the taxpayers’ expense. In California, it costs taxpayers $75,000 per year for each inmate. As terrible as the welfare state is (and yes, it is terrible), I cannot imagine that ending the war on (some) drugs would be any worse for taxpayers as what drug prohibition has done. The drug war costs state and federal government over $30 million per day.

If Ms. Coulter wants to talk about people not being able to hold a job she should consider what wonders a criminal record does for a person’s job prospects. All too often, the only kind of job an ex-con can get is selling illicit drugs which s/he will eventually get arrested and be incarcerated once again. For some repeat drug offenders, the thought of going back to jail or prison isn’t much of a deterrant. It’s ‘3 hots and a cot’ plus security and structure (believe it or not, there are some people who don’t know how to live outside of prison).

Far from being pussies, Ann Coulter, we libertarians have the balls to be consistent in our criticism of the welfare state. Yes, Ann, we should join hands in opposing Obamacare, the out of control welfare state, and reckless spending. Rather than providing drug users food, housing, and healthcare via incarceration, why not join with us and say that everyone should be responsible for their own lives?

With freedom comes responsibility. Is that manly enough for you?

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