Tag Archives: crime

The Head of a Major Law Enforcement Group Described Nonviolent Drug Offenders As "Peddlers of Death"

Mother Jones

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Last month, President Barack Obama commuted the sentences of 46 nonviolent drug offenders detained in federal prisons. Given that 35,000 nonviolent inmates had applied for reduced sentences, some activists said the clemency grant did not go far enough. Apparently, not everyone agrees.

In an opinion piece Thursday, Jon Adler, the president of the Federal Law Enforcement Officers Association (FLEOA), blasted Obama’s decision by describing these nonviolent offenders as “peddlers of death.” Arguing that Obama ignored the risks of drug traffickers and instead chose to “perpetuate a narrative that these felons are harmless hippies,” Adler went so far as to compare the offenders to lions in an overcrowded zoo:

With limited space, rising labor, and lodging costs, which animals would the president let go? Using the president’s methodology, the lions would likely be set free. Why? They eat the most food and therefore cost the most to maintain. During the 10 years of their captivity, they haven’t eaten anyone or attacked their handlers. They have no known affiliation to any violent lion groups. They are totally safe to release into the public. The president’s rationale for release of these federal prisoners does not benefit the American public, nor keep it safe.

Adler’s FLEOA provides testimony at congressional hearings and represents more than 25,000 federal law enforcement officers from some 65 agencies. But his description of nonviolent drug offenders seems unfair for people like Antonio Bascaro, an octogenarian grandfather in a wheelchair who has been incarcerated for 35 years because he worked on a fishing boat used by Cubans to smuggle cannabis to Florida. Or what about John Knock, a first-time offender serving life in prison for conspiracy to traffic large quantities of weed that the government never even seized? (Neither man was granted clemency.)

In an investigation of weed lifers, my colleague Bryan Schatz writes:

Every year, more people are arrested for pot possession than violent crimes. Around 40,000 people are currently serving time for offenses involving a drug that has been decriminalized or legalized in 27 states and Washington, DC. Even as Americans’ attitudes toward pot have mellowed, the law has yet to catch up, leaving pot offenders subject to draconian sentences born out of the war on drugs. As David Holland, a criminal-defense attorney in New York City who filed a presidential clemency petition for marijuana lifers in 2012, puts it: “The world has changed, but these poor bastards are still sitting in jail.”

It’s important to note that the war on drugs has disproportionately affected black and Latino men. And Obama’s clemency last month went to a group of nonviolent inmates who had served more than 10 years in prison with good behavior, and who would not have received such severe sentences under today’s sentencing rules. “These men and women were not hardened criminals,” the president said, adding that 14 of the 46 nonviolent offenders had been given life sentences. “So their punishments didn’t fit the crime.”

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The Head of a Major Law Enforcement Group Described Nonviolent Drug Offenders As "Peddlers of Death"

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Before He Was America’s Wacky Uncle, Joe Biden Was a Tough-on-Crime Hardliner

Mother Jones

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“Hillary and I both feel a special indebtedness for the friendship and the leadership of Joe Biden,” Bill Clinton said during a November 1994 campaign rally in Wilmington, Del., the evening before the midterm elections. “Without him, there would have been no crime bill this year. And because of him, lives will be saved and children will grow up safer and this country will be a less violent place in the years ahead. We are in his great and abiding debt.”

Then-Sen. Joe Biden had scored a career-defining victory that year. After a good deal of twisting the arms of his colleagues, Biden managed to shepherd the 1994 Violent Crime Control and Law Enforcement Act through the Senate.

Biden’s bill put over 100,000 new cops on the street and spent $9.7 billion on the construction of new prisons. The wide-ranging bill implemented a host of liberal policies, including an assault weapon ban and the Violence Against Women Act. But it also expanded the number of crimes that qualify as death penalty cases, bumped up mandatory minimum sentences, criminalized gang membership, eliminated Pell Grants for inmates, and put in place mandatory drug testing for people on supervised release. States had to implement policies that greatly reduced opportunities for parole in order to qualify for the new prison funding.

Clinton was right that crime rates would soon drop. The exact cause for the nationwide decrease in crime is up for debate. (We at Mother Jones have a favorite theory.) But there’s little question that Biden’s law helped cement the nation’s system of mass incarceration. “We took a shotgun to it and just sent everybody to jail for too long,” Clinton says now of the bill.

Joe Biden is reportedly eyeing a 2016 campaign bid to challenge Hillary Clinton, with a final decision expected early next month. There’s a Draft Biden super-PAC that has been agitating for Joe, pushing him as the more genuine alternative to Clinton, who’s perceived as over-manufactured by poll-driven talking points.

Yet should he enter the race, Biden will face a Democratic electorate that has grown increasingly concerned with mass incarceration and the disparities minorities face in the criminal justice system—particularly when it comes to the mandatory minimums Biden helped augment. The issue has already bedeviled a few of Biden’s potential Democratic opponents, who have struggled to answer questions about race and justice. At the liberal confab Netroots Nation last month, Vermont Sen. Bernie Sanders and former Maryland Gov. Martin O’Malley were both shouted down by Black Lives Matter protestors who challenged the presidential candidates over whether the could confront structural racism, with both offering answers that didn’t satisfy the activists. Hillary Clinton’s campaign has been actively courting Black Lives Matter activists at events and in online postings.

Like many Democrats who served in the 1980s and early 1990s, Biden has a complicated history with the criminal justice system. As crime rates spiked across the country, Democrats adopted a harsh tough-on-crime posture. Yet few pushed the issue quite as hard as Biden. During the 1980s he was a staunch advocate for ramping up the war on drugs. Biden devised the national “drug czar” position and worked alongside Republicans during the Ronald Reagan years to craft oppressive anti-drug laws, including co-sponsoring the law that instituted far longer prison terms for possession of crack cocaine than of powder cocaine. In The New Jim Crow, Michelle Alexander called Biden “one of the Senate’s most strident drug warriors.”

“There’s a tendency now to talk about Joe Biden as the sort of affable if inappropriate uncle, as loudmouth and silly,” Naomi Murakawa, author of The First Civil Right: How Liberals Built Prison America, said in an interview with The Marshall Project. “But he’s actually done really deeply disturbing, dangerous reforms that have made the criminal justice system more lethal and just bigger.”

Biden’s anti-crime efforts culminated in the massive crime bill he pushed through the Senate in 1994. Crime rates had peaked a few years earlier, and the country was on edge following the Rodney King riots. “It was a time in our criminal justice history that people were very scared,” says Lauren-Brooke Eisen, Senior Counsel at the Brennan Center’s Justice Program. “A lot of this had to do with the media, and fear. But it was a time when there was more violence, there was more crime, and the urban centers were part of this crack epidemic. A lot of people were scared of what was happening. Since then, crime has been cut in half, and at the same time we’ve increased our jails and prisons. We now incarcerate 2.3 million people.”

The crime bill increased mass incarceration by pushing states to keep felons locked away for longer periods of time. In order to receive the law’s funds dedicated to constructing new prisons, states had to adopt truth-in-sentencing laws: policies that reduce options for early parole and generally force inmates to serve at least 85 percent of their original sentences. Before the crime bill, just five states had those strict policies on the books. Within five years of the crime bill, 29 states had adopted truth-in-sentencing provisions. “The country had already been on this trajectory of creating more draconian sentencing policies,” Eisen says. “And then the crime bill was so significant because they incentivized the states to create harsher penalties.” Those harsher penalties led to an explosion in the prison population, which has doubled since the early ’90s.

In addition to keeping people in jail longer, Biden’s crime bill also made it harder for them to reenter society once they were released by ending the Pell Grants that had allowed inmates to receive further education while imprisoned. “All of the research indicates that education increases post-release employment, reduces recidivism, improves reentry outcomes,” Eisen says. “The research is there that cutting Pell Grants for inmates and eliminating this education funding is just not smart policy.”

The vice president’s office didn’t respond to a Mother Jones inquiry on whether Biden regretted any portion of the 1994 crime bill or stood by the full measure.

As Barack Obama’s vice president, Biden has dropped much of the tough-on-crime language. Speaking on Martin Luther King Jr. Day this year, Biden said that cops and minority communities need to bridge their divides. “We need to agree in this nation on two basic statements of truth,” Biden said. “Cops have a right to go home at night to see their families. And two, all minorities, no matter what their neighborhood, have a right to be treated with respect and with dignity. All life matters.” During a police conference later that month in Washington, DC, Biden suggested that tensions between cops and the communities they police had been overblown. “This is not nearly as bad as it has been in the past,” Biden said. “The press exaggerates how far off this is. But we have to nip it in the bud.”

Earlier this year, Biden contributed an essay to a collection titled Solutions: American Leaders Speak Out on Criminal Justice, compiled by the Brennan Center for Justice. The book assembled thoughts on criminal justice from a host of 2016 candidates. Hillary Clinton wrote that the country had “allowed our criminal justice system to get out of balance, and I hope that the tragedies of the last year give us the opportunity to come together as a nation to find our balance again.” Marco Rubio said that the US needs to “reduce the number of crimes.” Rand Paul called for ending mandatory minimums, noting that “our criminal justice system traps nonviolent offenders—disproportionately African-American men—in a cycle of poverty, unemployment, and incarceration.”

Biden? He touted the old community policing policies from his 1994 bill.

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Before He Was America’s Wacky Uncle, Joe Biden Was a Tough-on-Crime Hardliner

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Attention Parents: Your Neighborhood Matters More Than You Do

Mother Jones

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A few days ago Justin Wolfers passed along some new research showing that growing up in a good neighborhood has immensely positive effects on future success:

I will start with the smaller of their two studies….The findings are remarkable….The children who moved when they were young enjoyed much greater economic success than similarly aged children who had not won the lottery….The sharpest test comes from those who won an experimental housing voucher that could be used only if they moved to low-poverty areas. Here the findings are striking, as those who moved as a result of winning this voucher before their teens went on to earn 31 percent more than those who did not win the lottery. They are also more likely to attend college.

….It is rare to see social science overturn old beliefs so drastically. It happened because these scholars returned to an old experiment with a fresh perspective, based on the idea that what matters is how long children are exposed to good or bad neighborhoods. But is this the right perspective?

Here’s where the second study is critical. While the conclusions of the Moving to Opportunity project are based on following only a few thousand families, Mr. Chetty and Mr. Hendren use earnings records to effectively track the careers and neighborhoods of five million people over 17 years.

Instead of contrasting the outcomes of families in different areas — which may simply reflect different families choosing to live in different areas — they can track what happens to families when they move….Their findings are clear: The earlier a family moved to a good neighborhood, the better the children’s long-run outcomes. The effects are symmetric, too, with each extra year in a worse neighborhood leading to worse long-run outcomes. Most important, they find that each extra year of childhood exposure yields roughly the same change in longer-run outcomes, but that beyond age 23, further exposure has no effect. That is, what matters is not just the quality of your neighborhood, but also the number of childhood years that you are exposed to it.

A crucial advantage of this analysis is that it follows the children through to early adulthood. This matters because a number of recent studies have shown that interventions have effects that might be hard to discern in test scores or behavioral problems, but that become evident in adulthood. The same pattern of years of exposure to good neighborhoods shaping outcomes is also apparent for college attendance, teenage births, teenage employment and marriage.

This may all seem obvious to you—of course good schools and good playmates matter a lot—but professionals in this field have long believed that quality of parenting is by far the most important factor in a child’s success. This is a popular and comforting notion that Judith Rich Harris effectively demolished more than a decade ago in The Nurture Assumption, but it hangs on tenaciously anyway. Nor do you have to buy Harris’s theories hook, line, and sinker to believe she has the basic shape of the river correct. For example, I happen to think she underplays the evidence that good parenting matters. But not by much. The simple fact is that kids pick up cues about how to act far more from the collective influence of friends, siblings, teachers, TV, babysitters, and others than they do from their parents. It’s hardly even a fair contest. As I put it a few weeks ago:

This means that the single biggest difference you can make is to be rich enough to afford to live in a nice neighborhood that provides nice playmates and good schools.

This, unfortunately, doesn’t make things any easier for policymakers. Teaching good parenting skills may be a monumental challenge, but it’s no less monumental than somehow conquering poverty and making sure every child grows up in a good neighborhood. There are no easy answers. But at a minimum, it’s always better to at least make sure we’re pointed in the right direction.

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Attention Parents: Your Neighborhood Matters More Than You Do

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Tales From City of Hope #11: We Have Liftoff

Mother Jones

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Yesterday’s white blood count went from just under 0.1 to just over 0.1. Let’s call it 0.05 growth. Today’s count is 0.2. That’s growth of 0.1.

And that, my friends, is exponential growth. Sure, we could use another data point or three. And some more significant digits. And if we’re being picky, a coefficient or two. But screw that. To this Caltech1 dropout, it looks like exponential growth has kicked in. Booyah!

In more visually exciting news, I know you all want to see my shiner, don’t you? I can feel the bloodlust all the way from my hospital bed. So here it is, you ghouls. As usual with these things, it looks a lot worse than it feels. In fact, I can barely feel it all. But it’s clear evidence that, yes, the bathroom really is the most dangerous room in the house.

1Did you know that the proper short form for California Institute of Technology is Caltech, not CalTech? They’ve been trying for decades to get the rest of the world to go along, but with sadly limited success.

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Tales From City of Hope #11: We Have Liftoff

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Tales From City of Hope #10: Rebound Is Here!

Mother Jones

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Yesterday my white blood count was <0.1. How much less? No telling, but my doctor called it an “honorary” 0.1.

But! Today my count is 0.1. Not much difference, you say, but it doesn’t matter. It’s higher than yesterday, and that means my transplanted stem cells are busily engrafting themselves and morphing into various blood products. Progress will be slow at first, but Friday was officially my bottom. Within a few days, my counts should start taking off much more rapidly. Huzzah.

In less good news, I slipped in the bathroom last night and got a pulled neck muscle and a black eye for my trouble. All I need now is a swastika tattoo and I’ll have the whole skinhead look down cold.

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Tales From City of Hope #10: Rebound Is Here!

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The GOP Is Trying to Give the 25 Richest Americans a $334 Billion Tax Break

Mother Jones

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In mid April, the Republican-controlled House voted to repeal the estate tax, which, despite the GOP’s “death tax” messaging, affects only the superrich: Of the nearly 2.6 million Americans who died in 2013, just 4,687 had estates flush enough to trigger the tax. That’s because the bar to qualify for the estate tax is quite generous: The first $5.43 million of an individual’s wealth is exempt from the tax, and that amount goes up to $10.86 million for married couples. After that point, the tax rate is 40 percent.

The Center for Effective Government (CEG) calculated how much the 25 richest Americans would save if this repeal on the estate tax were to become law. The final tab: $334 billion.

Center for Effective Government

That’s a lot of cash! CEG calculated that $334 billion in taxes would be enough to:

  1. Cut the nation’s student debt by one-third: The total could be distributed by giving $25,000 in debt relief to each of the 13 million Americans trying to pay off student loans.
  2. Repair or replace every single deficient school AND bridge in America: Give kids more resources for a better education, and get the country’s structurally deficient bridges up to snuff.
  3. Give every new US baby a chunk of change: $1,000 at birth, and then $500 a year until their 18th birthday, making a $10,000 nest egg to put toward education, a home, or other opportunities.
  4. Repair all leaking wastewater systems, sewage plumbing, and dams: Thus improving the health of lakes, rivers, and oceans nationwide.

Of course, it’s unlikely the tax will actually get repealed. Even if the bill makes it past the Senate, President Obama has promised to veto it. But as the election season heats up with economic inequality at its forefront, the repercussions of the bill are likely to be more political than financial. As Robert J. Samuelson writes at the Washington Post, the GOP has “handed Democrats a priceless campaign gift: a made-for-TV (and Internet) video depicting Republicans as lackeys of the rich.”

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The GOP Is Trying to Give the 25 Richest Americans a $334 Billion Tax Break

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Freddie Gray and the Real Lesson of Urban Policing

Mother Jones

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The Washington Post features a simple headline today that encompasses decades of personal tragedy and public policy disaster:

Freddie Gray’s life a study in the sad effects of lead paint on poor blacks

When Freddie Gray was 22 months old, he had a tested blood lead level of 37 micrograms per deciliter. This is an absolutely astronomical amount. Freddie never even had the slightest chance of growing up normally. Lead poisoning doomed him from the start to a life of heightened aggression, poor learning abilities, and weak impulse control. His life was a tragedy set in motion the day he was born.

But even from the midst of my chemo haze, I want to make a short, sharp point about this that goes far beyond just Gray’s personal tragedy. It’s this: thanks both to lead paint and leaded gasoline, there were lots of teenagers like Freddie Gray in the 90s. This created a huge and genuinely scary wave of violent crime, and in response we turned many of our urban police forces into occupying armies. This may have been wrong even then, but it was hardly inexplicable. Decades of lead poisoning really had created huge numbers of scarily violent teenagers, and a massive, militaristic response may have seemed like the only way to even begin to hold the line.

But here’s the thing: that era is over. Individual tragedies like Freddie Gray are still too common, but overall lead poisoning has plummeted. As a result, our cities are safer because our kids are fundamentally less dangerous. To a large extent, they are now normal teenagers, not lead-poisoned predators.

This is important, because even if you’re a hard-ass law-and-order type, you should understand that we no longer need urban police departments to act like occupying armies. The 90s are gone, and today’s teenagers are just ordinary teenagers. They still act stupid and some of them are still violent, but they can be dealt with using ordinary urban policing tactics. We don’t need to constantly harass and bully them; we don’t need to haul them in for every petty infraction; we don’t need to beat them senseless; and we don’t need to incarcerate them by the millions.

We just don’t. We live in a different, safer era, and it’s time for all of us—voters, politicians, cops, parents—to get this through our collective heads. Generation Lead is over, thank God. Let’s stop pretending it’s always and forever 1993. Reform is way overdue.

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Freddie Gray and the Real Lesson of Urban Policing

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The Law, In Its Finnish Majesty….

Mother Jones

In Finland, a speeding ticket costs you more if you’re rich than if you’re poor. Fair enough, perhaps. “The thinking here is that if it stings for the little guy, it should sting for the big guy, too,” says the New York Times.

In any case, I already knew this. What I didn’t know was the formula:

The fines are calculated based on half an offender’s daily net income, with some consideration for the number of children under his or her roof and a deduction deemed to be enough to cover basic living expenses, currently 255 euros per month.

Then, that figure is multiplied by the number of days of income the offender should lose, according to the severity of the offense.

Mr. Kuisla, a betting man who parlayed his winnings into a real estate empire, was clocked speeding near the Seinajoki airport. Given the speed he was going, Mr. Kuisla was assessed eight days. His fine was then calculated from his 2013 income, 6,559,742 euros, or more than $7 million at current exchange rates.

Sadly for Reima Kuisla, he was clocked at 103 kph, which set him back a whopping 54,024 euros. However, if he’d been traveling just 3 kph slower, his fine would have been only 100 euros. No matter what you think of the social justice of this system, that does seem like a bit of a steep spike, doesn’t it?

Here in America, though, perhaps we have different priorities. What minor but annoying infractions would you like to apply this system to here in the good ‘ol USA?

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The Law, In Its Finnish Majesty….

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Tales From City of Hope #6: What Does Kevin Smell Like?

Mother Jones

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As you recall from yesterday, the DMSO preservative used to keep my stem cells fresh was alleged to cause a distinct body odor. So today, after the transfusion, I asked everyone who came into my room what I smelled like. The results are displayed on the right in chart form because Science™.

The results were disappointing. My sample size was dismally small, and 100 percent female. No single result rose to the level of significance at the 95 percent level. There wasn’t even a modal response. In fact, it was worse than that. One respondent said garlic, but all four of the others said definitely not garlic. One said sweet and another said not sweet. And one person said there was no odor at all.

The best I can conclude is that there is an odor of some kind, but everyone smells something different. I should add, however, that the test conditions were suboptimal. I’m such a good stem cell producer that I only needed two bags of cells. Some people need as many as ten. This means less DMSO for me and therefore less odoriferousness. Beyond that, given the poor state of the data, your guess is as good as mine.

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Tales From City of Hope #6: What Does Kevin Smell Like?

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Tales From City of Hope #4: The Smell of Victory in the Morning

Mother Jones

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Chemotherapy is over and tomorrow is Tag Null: that is, Day Zero, when they pump my own frozen stem cells back into me. The entire process takes about 20 minutes, but I’ll be in the hospital practically the entire day getting liters and liters of IV fluids. This is partly to keep me hydrated and partly just because they want to keep me under observation for a while.

But here’s the interesting thing. The stem cells are kept in a preservative solution to keep them fresh, and apparently this will give me a strong body odor of some kind. But what? One nurse said I would smell like bad garlic for a day. That sounds bad. But a different nurse said I would smell like creamed corn. That seems more tolerable. Yet a third suggested it differed by nationality, and a white boy like me might small like iodine.

But which is it? To me, of course, I will smell fresh as a new-plucked daisy. It’s only other people who have to put up with my olfactory weirdness. In any case, I plan to ask everyone who comes into my room what I smell like. Spoiled tuna? A lovely cheese casserole? Bacon and eggs? Who knows?

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Tales From City of Hope #4: The Smell of Victory in the Morning

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