American State of the Union: A Festival of Lies

[ProSense]

114. In a word

Welfare reform screwd the black community, the extreme sentencing for crack vs, cocaine was aimed at enslaving black males in our prisoner industrial complex.
Does anybody at the Black Agenda Report give a fuck that president Obama is trying to change these things and make the country work better for all of us? Of course not!

...no. It's envy.

In fact, everything the President has done along those lines are completely ignored by them as they spin their distortions, and get little attention here.

Making the banking system marijuana friendly

In some parts of the United States, it is now legal to sell marijuana to adult consumers. But an unforeseen problem recently popped up that hadn’t received much attention before: businesses that sell pot can’t open a bank account.

Because federal law still classifies cannabis as a “Schedule I” illegal narcotic, federally regulated banks don’t want to do business with pot retailers or dispensaries, even when they’re legal. Indeed, they can’t – banks would be subject to criminal penalties under money-laundering laws.

For policymakers, there are a couple of options. Rep. Earl Blumenauer (D-Ore.), for example, wants to reform the Controlled Substances Act so that marijuana is no longer a “Schedule I” illegal narcotic and banks won’t have anything to worry about. Since that would require congressional approval, it’s unlikely we’ll see this change anytime soon. (See the correction below.)

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* Update: I heard from Blumenauer’s office this afternoon, which said congressional action on reforming the Controlled Substances Act may not be necessary – the Attorney General’s office can act unilaterally without lawmakers’ approval. With this in mind, it would appear Holder can declassify marijuana as a “Schedule I” illegal narcotic at his discretion and without congressional input.

http://www.msnbc.com/rachel-maddow-show/making-the-banking-system-marijuana-friendly

National Cannabis Industry Association Applauds Attorney General...
http://www.democraticunderground.com/10024381790

How to Process Eric Holder’s Major Criminal Law Reform Speech

By Laura W. Murphy

Attorney General Eric Holder just called mass incarceration a moral and economic failure. He just outlined several major proposals that he says will help to ease major overcrowding in federal prisons. And he just suggested that federal prosecutors should avoid harsh mandatory minimums for certain low-level, non-violent drug offenses.

What should we make of the nation’s top prosecutor calling out the US for throwing too many people behind bars and challenging the failed war on drugs?

First off, we should acknowledge that this is a big deal! This is the first speech by any Attorney General calling for such massive criminal justice reforms. This is the first major address from the Obama Administration calling for action to end the mass incarceration crisis and reduce the racial disparities that plague our criminal justice system. In the same speech, the Attorney General committed to take on the school-to-prison pipeline and called on Congress to end the forced budget cuts that have decimated public defenders nationwide. This is great news.

The ACLU can proudly say that it has been deeply engaged in policy discussions with this administration, and Democrats and Republicans in Congress. Many of the reforms that we have long championed made it into the Attorney General’s speech, including:

1. Developing guidelines to file fewer cases
   
   
2. Directing a group of U.S. Attorneys to examine sentencing disparities and develop recommendations to address them
   
   
3. Directing every U.S. Attorney to designate a Prevention and Reentry Coordinator
   
   
4. Directing every DOJ component to consider whether regulations have collateral consequences that impair reentry
   
   
5. Reducing mandatory minimum charging for low-level drug offenses
   
   
6. Expanding eligibility for compassionate release; and
   
   
7. Identifying and sharing best practices for diversion programs
   
   
8. Calling into question zero tolerance policies and other policies that lead to the school to prison pipeline
   
   
9. Challenging the legal community to make the promise of Gideon (right to counsel) more of a reality

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http://www.aclu.org/blog/criminal-law-reform-racial-justice/how-process-eric-holders-major-criminal-law-reform-speech

U.S. Orders More Steps to Curb Stiff Drug Sentences

By CHARLIE SAVAGE

WASHINGTON — The Obama administration on Thursday expanded its effort to curtail severe penalties for low-level federal drug offenses, ordering prosecutors to refile charges against defendants in pending cases and strip out any references to specific quantities of illicit substances that would trigger mandatory minimum sentencing laws.

The move, announced by Attorney General Eric H. Holder Jr. at a speech before the annual conference of the Congressional Black Caucus, builds on a major policy change he unveiled last month to avoid mandatory minimum sentencing laws in future low-level cases.

“By reserving the most severe prison terms for serious, high-level, or violent drug traffickers or kingpins, we can better enhance public safety,” Mr. Holder said. “We can increase our focus on proven strategies for deterrence and rehabilitation. And we can do so while making our expenditures smarter and more productive.”

The policy applies to defendants who meet four criteria: their offense did not involve violence, the use of a weapon, or selling drugs to minors; they are not leaders of a criminal organization; they have no significant ties to large-scale gangs or drug trafficking organizations; and they have no significant criminal histories.

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http://www.nytimes.com/2013/09/20/us/politics/administration-orders-new-step-to-curtail-stiff-drug-sentences.html

Background on progress.

Justice Is Served

By Laura W. Murphy

June 2011 marks the 40th anniversary of President Richard Nixon's declaration of a "war on drugs" — a war that has cost roughly a trillion dollars, has produced little to no effect on the supply of or demand for drugs in the United States, and has contributed to making America the world's largest incarcerator. Throughout the month, check back daily for posts about the drug war, its victims and what needs to be done to restore fairness and create effective policy.

Today is an exciting day for the ACLU and criminal justice advocates around the country. Following much thought and careful deliberation, the United States Sentencing Commission took another step toward creating fairness in federal sentencing by retroactively applying the new Fair Sentencing Act (FSA) guidelines to individuals sentenced before the law was enacted. This decision will help ensure that over 12,000 people — 85 percent of whom are African-Americans — will have the opportunity to have their sentences for crack cocaine offenses reviewed by a federal judge and possibly reduced.

This decision is particularly important to me because, as director of the ACLU's Washington Legislative Office, I have advocated for Congress and the sentencing commission to reform federal crack cocaine laws for almost 20 years. In 1993, the ACLU lead the coalition that convened the first national symposium highlighting the crack cocaine disparity entitled "The 100 to 1 Ratio: Racial Bias in Cocaine Laws." Now, 25 years after the first crack cocaine law was enacted in the 1986 Anti-Drug Abuse Act, the sentencing commission has taken another step toward ending the racial and sentencing disparities that continue to exist in our criminal justice system.

By voting in favor of retroactivity, I am pleased that the commission chose justice over demagoguery and concluded that retroactivity was necessary to ensuring that the goals of the FSA were fully realized. It is important to remember that even with today's commission vote not every crack cocaine offender will have his or her sentence reduced. Judges are still required to determine whether a person qualifies for a retroactive reduction so, contrary to what some have said, this is not a "get out of jail free card."

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http://www.aclu.org/blog/criminal-law-reform/justice-served

Chance at Freedom: Retroactive Crack Sentence Reductions For Up to 12,000 May Begin Today
http://www.aclu.org/blog/criminal-law-reform/chance-freedom-retroactive-crack-sentence-reductions-12000-may-begin-today

Sentencing Reform Starts to Pay Off

By THE EDITORIAL BOARD

In 2010, Congress passed the Fair Sentencing Act, which reduced the vast disparity in the way the federal courts punish crack versus powder cocaine offenses. Instead of treating 100 grams of cocaine the same as 1 gram of crack for sentencing purposes, the law cut the ratio to 18 to 1. Initially, the law applied only to future offenders, but, a year later, the United States Sentencing Commission voted to apply it retroactively. Republicans raged, charging that crime would go up and that prisoners would overwhelm the courts with frivolous demands for sentence reductions. Senator Charles Grassley of Iowa said the commission was pursuing “a liberal agenda at all costs.”

This week, we began to learn that there are no costs, only benefits. According to a preliminary report released by the commission, more than 7,300 federal prisoners have had their sentences shortened under the law. The average reduction is 29 months, meaning that over all, offenders are serving roughly 16,000 years fewer than they otherwise would have. And since the federal government spends about $30,000 per year to house an inmate, this reduction alone is worth nearly half-a-billion dollars — big money for a Bureau of Prisons with a $7 billion budget. In addition, the commission found no significant difference in recidivism rates between those prisoners who were released early and those who served their full sentences.

Federal judges nationwide have long expressed vigorous disagreement with both the sentencing disparity and the mandatory minimum sentences they are forced to impose, both of which have been drivers of our bloated federal prison system. But two bipartisan bills in Congress now propose a cheaper and more humane approach. It would include reducing mandatory minimums, giving judges more flexibility to sentence below those minimums, and making more inmates eligible for reductions to their sentences under the new ratio.

But 18 to 1 is still out of whack. The ratio was always based on faulty science and misguided assumptions, and it still disproportionately punishes blacks, who make up more than 80 percent of those prosecuted for federal crack offenses. The commission and the Obama administration have called for a 1-to-1 ratio. The question is not whether we can afford to do it, but whether we can afford not to.

http://www.nytimes.com/2013/08/02/opinion/sentencing-reform-starts-to-pay-off.html

Washington Gives Us Something to Get Excited About (No, Really!)
http://www.aclu.org/blog/criminal-law-reform/washington-gives-us-something-get-excited-about-no-really

ACLU Comment on DOJ Plans to Reduce Non-Violent Drug Sentences

WASHINGTON – Laura W. Murphy, director of American Civil Liberties Union's Washington Legislative Office, responded to Attorney General Eric Holder's proposed policy to reverse the growth of the federal prison population in advance of a speech today at the American Bar Association's Annual Meeting:

"Today, the attorney general is taking crucial steps to tackle our bloated federal mass incarceration crisis, and we are thrilled by these long-awaited developments.

"By mandating that U.S. attorneys change charging practices for low-level, non-violent offenders, these policies will make it more likely that wasteful and harmful federal prison overcrowding will end. Over the last year, in one of the few areas of bipartisanship, members of Congress have come together to call for smart criminal justice reform. While today's announcement is an important step toward a fairer justice system, Congress must change the laws that lock up hundreds of thousands of Americans unfairly and unnecessarily."

Throughout Eric Holder's tenure, going back to the successful passage of the Fair Sentencing Act in 2010, the ACLU has worked closely with the attorney general, his staff, and DOJ leadership to develop several of the policy changes announced today.

http://www.aclu.org/criminal-law-reform/aclu-comment-doj-plans-reduce-non-violent-drug-sentences

Smarter Sentencing

By THE EDITORIAL BOARD

You know a transformational moment has arrived when the attorney general of the United States makes a highly anticipated speech on a politically combustible topic and there is virtually no opposition to be heard.

That describes the general reaction to Eric Holder Jr.’s announcement on Monday that he was ordering “a fundamentally new approach” in the federal prosecution of many lower-level drug offenders. What once would have elicited cries of “soft on crime” now drew mostly nods of agreement. As Mr. Holder said, it’s “well past time” to take concrete steps to end the nation’s four-decade incarceration binge — the result of harsh sentencing laws enacted in response to increased violent crime in the late 1960s and 1970s.

The statistics have been repeated so often as to be numbing: 1.57 million Americans in state and federal prisons, an increase of more than 500 percent since the late 1970s, at a cost of $80 billion annually. In 2010, more than 7 in 100 black men ages 30 to 34 years old were behind bars. The federal system alone holds 219,000 inmates, 40 percent above its capacity, thanks to strict sentencing guidelines and mandatory minimum sentences. Of these inmates, nearly half are in prison for drug-related crimes.

In Mr. Holder’s words, “too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason.” Many criminal-justice experts have long felt the same way. What made Mr. Holder’s speech timely and important was that it reflected a fundamental shift in thinking about crime and punishment at the highest levels of government.

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http://www.nytimes.com/2013/08/14/opinion/smarter-sentencing.html