The Week Online with DRCNet, Issue #147 - July 28, 2000
     A Publication of the Drug Reform Coordination Network

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Shadow Conventions coming up 7/30-8/2 in Philadelphia and 8/14-
8/16 in Los Angeles -- come out and be a part of these historic
events!  See http://www.drcnet.org/wol/143.html#shadowconventions
and http://www.shadowconventions.com for info.  Register and
print flyers from <http://www.drugpolicy.org/shadowconventions/>.

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TABLE OF CONTENTS

1.  Corrections System Continues to Bloat With 458,000 Drug War
    Prisoners: Bureau of Justice Statistics, Justice Policy
    Institute Crunch the Numbers in Separate Reports
    http://www.drcnet.org/wol/147.html#risingnumbers

2.  Supreme Court Rules, Federal Sentencing Structures Tremble
    http://www.drcnet.org/wol/147.html#fedstremble

3.  See You in Philly:  Shadow Convention Set to Convene Sunday
    http://www.drcnet.org/wol/147.html#phillycon

4.  Forbes Exposes McCaffrey's Crusade Against "Cheech and Chong
    Medicine"
    http://www.drcnet.org/wol/147.html#forbesexpose

5.  Drug Policy Letter Issue Focuses on Drug War Prisoners,
    DRCNet Launches New Prison/Incarceration Info List
    http://www.drcnet.org/wol/147.html#jubilee

6.  Six of One, Half a Dozen of the Other:  Important Amendments
    to Anti-Methamphetamine Act
    http://www.drcnet.org/wol/147.html#sixonehalfdozen

7.  Newsbrief: Recalcitrant Feds to Appeal Oakland Marijuana Club
    Decision
    http://www.drcnet.org/wol/147.html#medmjruling

8.  Liar of the Week
    http://www.drcnet.org/wol/147.html#liaroftheweek

9.  Media Scan:  salon.com, Washington Post
    http://www.drcnet.org/wol/147.html#mediascan

10. ALERTS:  Colombia, Mandatory Minimums, California, New York,
    Washington
    http://www.drcnet.org/wol/147.html#alerts

11. HEA Campaign
    http://www.drcnet.org/wol/147.html#heacampaign

12. Event Calendar
    http://www.drcnet.org/wol/147.html#eventcalendar

13. EDITORIAL:  Shocking Incrementalism
    http://www.drcnet.org/wol/147.html#editorial

================

1. Corrections System Continues to Bloat With 458,000 Drug War
   Prisoners: Bureau of Justice Statistics, Justice Policy
   Institute Crunch the Numbers in Separate Reports
   http://www.drcnet.org/wol/147.html#risingnumbers

The number of people under some form of correctional supervision
-- jail, prison, probation, or parole -- has reached a record 6.3
million, the Department of Justice's Bureau of Justice Statistics
(BJS) announced in its semiannual report on corrections.  That
report, as well as a treasure trove of related statistics is
available online at <http://www.ojp.usdoj.gov/bjs/correct.htm>.

According to the BJS numbers, the number of people on probation
or parole has reached a record high of 4.5 million.  Twenty-four
percent of the probationers were under criminal justice system
supervision for drug offenses.  The number of prisoners stood at
1.86 million in June 1999, the last month for which statistics
were available, but is thought to have passed 2 million last
February.

For Marc Mauer, Assistant Director of the Sentencing Project, an
independent criminal justice policy analysis group, the numbers
show that little has changed.

"Once again we see a new record being set; it's been the same way
each year for the last 25 years," Mauer told DRCNet.

Mauer also pointed out that parole and probation departments,
less glamorous components of the criminal justice juggernaut than
funding new policemen on the streets or building imposing new
prisons, are being stretched to the limit.

"One concern," said Mauer, "is that about 2/3 of these people are
on probation or parole, and what's happened with the enormous
increase in imprisonment is that we've diverted resources away
from probation and parole departments to prison cells."

"It's very difficult for probation and parole departments to do
the job they're supposed to do," he continued, "and it becomes a
vicious cycle.  If they don't have the resources to do the job
correctly, judges and communities will lose confidence in them,
violations could then increase or judges may not use probation or
parole if they don't believe the system can provide the right
level of supervision or service."

BJS statistician Allen J, Beck told the Washington Post,
meanwhile, that the likelihood of drug offenders being sentenced
to prison had begun to decrease over the past decade, but the
increased number of drug arrests meant that growth in the prison
population continued to increase, although at a lower rate.

According to BJS, between 1990 and midyear 1999, the incarcerated
population grew an average 5.8% annually.  The rate of growth in
state prison populations declined during the 12-month period
ending June 30, 1999 to 3.1%.  The number of federal prisoners,
however, rose by 9.9% (up 10,614 prisoners, the largest 12-month
gain ever reported).

As Mauer observed, "Absolute numbers are still going up, although
one would have thought that with crime rates declining for seven
straight years, we would have seen a reduction."

"Instead," said Mauer, "The numbers remain relatively steady.
This is driven by drug policy, mandatory minimums, and the
significant expansion of policing."

"Anytime you add more law enforcement officers, it is likely to
lead to more arrests.  The question," said Mauer, "is how can we
use law enforcement in more of a problem-solving manner instead
of just arresting more and more people."

Days after BJS released its latest numbers, the Justice Policy
Institute released its own study, "Poor Prescription: The Costs
of Imprisoning Drug Offenders in the United States.  That study
is available online at <http://www.cjcj.org/drug/>.

Based on data from the National Corrections Reporting System, as
well as BJS numbers and statistics from the California Department
of Corrections, the JPI study asked and answered the following
questions, among others:

Q:  What proportion of prisoners are drug offenders and how much
does it cost?

A:  Drug offenders make up 23.7% of the prison population, and
the cost of holding them behind bars will be over $9 billion this
year.

Q:  How have comparative rates of incarceration for prisoners
versus non-violent and violent offenders changed over time?

A:  From 1980 to 1997, the number of all offenders rose 82%, non-
violent offenders rose 207%, and the number of imprisoned drug
offenders increased an astounding 1040%, or nearly eleven times.

Q:  How do rates for blacks and whites compare?

A:  Blacks were incarcerated for drug offenses at a rate 14 times
higher than that of whites.  While the rate of white drug
offenders sent to prison doubled from 1986 to 1996, the rate for
black offenders quintupled.  Even in states that registered an
overall decrease in drug incarceration rates, the rates for
blacks increased.

The JPI report is sure to fuel electoral and legislative efforts
in several states to reform sentencing structures.  A California
initiative seeks to divert drug offenders from prison into
treatment, while in New York, the state's head judge has ordered
a statewide drug court diversion program.  In Michigan, the
governor and state legislature recently modified the state's
draconian mandatory life without parole drug law provisions.  A
recent Field poll reports that the California treatment-not-
prison initiative is gaining 64% voter approval.

And now comes word from Capitol Hill that Rep. John Conyers (D-
MI), Dean of the Congressional Black Caucus, is preparing an
omnibus bill to respond to the drug war's follies on a
comprehensive basis.  That bill will, according to a July 27th
press release, address mandatory minimum sentencing reform,
treatment as an alternative to prison, and means to facilitate
the reentry of former drug war prisoners into society.

Observers close to Conyers say the bill will be introduced this
fall.

In this session, Conyers has offered successful amendments to
bills in the Judiciary Committee that would establish federal
drug courts for the first time and create a Congressional finding
that mandatory minimums discriminate against African Americans.

================

2. Supreme Court Rules, Federal Sentencing Structures Tremble
   http://www.drcnet.org/wol/147.html#fedstremble

In a little-noticed ruling with potentially huge ramifications
for the hundreds of thousands of people imprisoned under state
and federal drug laws, the Supreme Court has restricted judges'
ability to increase sentences based on facts never prosecuted or
weighed by a jury.

The decision and subsequent rulings in the federal courts
threaten to bury prosecutors and courts under a wave of appeals
from prisoners whose sentences were increased by judges under
determinate sentencing schemes.  These include federal drug laws,
under which juries determine only guilt or innocence and judges
determine sentence lengths based on findings of drug quantities
or types involved.

The case, Apprendi v. New Jersey, slipped by the mass media when
it was decided on June 26, during the same week as heavily
anticipated Supreme Court rulings on Miranda rights, the Boy
Scouts, and partial birth abortion.  But the case, along with a
subsequent ruling from the 8th Circuit Court of Appeals that
extended Apprendi to thousands of federal drug cases, is calling
into question the entire federal sentencing structure.  In the
wake of its Apprendi decision, the Supreme Court also reversed a
Colorado drug case and sent it back to the 10th Circuit Court for
reconsideration, lending more hope to the 61,000 thousand persons
held under federal drug laws.

"Everybody and their brother is going to challenge their
sentence, as well they should," University of Texas law professor
Susan Klein told the Washington Post.  She told the Post that she
and a colleague have identified 39 federal and 20 state laws that
may be unconstitutional under Apprendi.  "It's going to be a
disaster," she said.

Still, defense attorneys do not expect a sudden exodus of drug
war prisoners from behind the razor wire.  Carmen Hernandez, co-
chair of the National Association of Criminal Defense Lawyers'
Post-Conviction Relief committee, told DRCNet that the decision's
effects are just beginning to be felt.

"There have been only a handful of cases so far, and the courts
are applying Apprendi in a very narrow sense," Hernandez said.
"In the few cases that have come down, Apprendi didn't alter the
sentence at all because the sentences didn't exceed the statutory
maximum."

And, warned Hernandez, "If you are charged with multiple counts,
judges can get around Apprendi by running sentences consecutively
instead of concurrently."

Christopher Warnock, a Washington, DC, defense attorney, also
sees practical limits to Apprendi's impact.  "If your case has
already been appealed, then the courts won't let you raise it.
If you are on appeal now, you absolutely need to raise it as an
issue," he told DRCNet.

"Apprendi is a very important case, said Warnock.  "There has
been a basic assault on civil liberties from all directions, but
the Apprendi decision says 'wait a minute, we're going too far,
we're trashing basic institutions.'  Apprendi restores the power
of the jury.  The jury is the premier fact-finding mechanism in
our system of justice, and we should respect it, not undermine or
erode its power."

The ruling had its genesis in a New Jersey hate crime.  In
December 1994, Apprendi fired shots at the house of his African-
American neighbors and told arresting officers he didn't want
blacks in his neighborhood.  The state of New Jersey charged him
with some 22 counts, including a hate crime charge.  He
eventually accepted a plea bargain in which he pled guilty to
three counts, not including the hate crime count, which would
have allowed the judge to "enhance" Apprendi's sentence if, "by a
preponderance of evidence," he found that the shooting was
racially motivated.  Apprendi faced a 10-year maximum sentence on
the most serious count, a weapons charge.

During the sentencing phase of his trial, however, the state
introduced a motion to enhance the sentence on the grounds that
the shooting was a hate crime.  The judge agreed and sentenced
Apprendi to 12 years on the firearms count, two more years than
the law otherwise allowed.

Apprendi appealed, arguing that the 14th Amendment's due process
clause, which applies the federal Bill of Rights to state
criminal courts, required New Jersey to honor the Sixth
Amendment's injunction that only a jury can find a defendant
guilty of a felony.

The Supreme Court agreed in a 5-4 vote, notable for finding
Justices Antonin Scalia and Clarence Thomas on the side of a
criminal defendant.  Both authored separate concurring opinions
that may undercut the mandatory sentencing guidelines used in
federal drug cases.  Both jurists wrote that they want juries to
rule on all facts that increase prison time, not just those that
enhance a sentence past its statutory maximum.

The majority opinion explicitly chose not to address sentencing
guidelines, but with only three additional votes, Scalia and
Thomas could invalidate most federal sentences handed down since
1987.

In the majority opinion, Justice John Paul Stevens wrote:  "The
Fourteenth Amendment right to due process and the Sixth Amendment
right to trial by jury, taken together, entitle a criminal
defendant to a jury determination that he is guilty of every
element of the crime with which he is charged, beyond a
reasonable doubt."

Thus, wrote Stevens:  "The Constitution requires that any fact
that increases the penalty for a crime beyond the prescribed
statutory maximum, other than the fact of a prior conviction,
must be submitted to a jury and proved beyond a reasonable
doubt."

It's only fair, say defense attorneys.  "Right now, you can be
sentenced for conduct you've been acquitted of if the judge rules
it is true by the preponderance of the evidence," Alexandria, VA,
attorney James Clark told the Post.

But defenders of the status quo are worried.  Justice Stephen
Breyer, who helped craft the federal sentencing guideline system,
seemed particularly shrill in his dissent.  Looking down from the
heights, Breyer scoffed at the notion that juries should find the
elements of a crime, calling it "a procedural ideal."  Worse
still in Breyer's view, which apparently places a higher
constitutional premium on efficiency than on common ideas of
fairness, the ruling was "impractical."

"[T]he real world of criminal justice cannot hope to meet any
such ideal.  It can function only with the help of procedural
compromises, particularly in respect to sentencing," wrote the
jurist.

In his concurring opinion, Justice Scalia scolded Breyer, writing
that his dissent "proceeds on the erroneous and all-too-common
assumption that the Constitution means what we think it ought to
mean.  It does not; it means what it says.  And the guarantee
that "[i]n all criminal prosecutions, the accused shall enjoy the
right to... trial, by an impartial jury" has no intelligible
content unless it means that all the facts which must exist in
order to subject the defendant to a legally prescribed punishment
must be found by the jury."

Breyer's plaints also earned the ire of DC defense attorney
Warnock.  "Liberals like Breyer are more concerned with the
smooth functioning of the machinery then they are with
democracy," he told DRCNet.  "This shows a fundamental disrespect
for democracy.  If efficiency is the highest value, we may as
well dispense with the court system altogether and just let the
cops arrest and imprison people."

In her dissenting opinion, Justice Sandra O'Connor also raised
alarm about the ruling's potential impact on the federal
sentencing structure.  Calling the ruling "a watershed change in
constitutional law," O'Connor complained that the principle
enunciated in Apprendi would wreak havoc with federal drug
sentencing guidelines.

Its effect on sentences under the guidelines would be
"unsettling," wrote O'Connor.  The decision implies that such
determinate sentencing schemes would be unconstitutional, she
added, and concluded with a dire warning: "Thus... the Court's
decision threatens to unleash a flood of petitions by convicted
defendants seeking to invalidate their sentences in whole or in
part on the authority of the Court's decision today."

Citing the 57,691 federal criminal cases and more than 14 million
state criminal cases filed in 1998 and noting that many states
have determinate-sentencing schemes, O'Connor concluded that the
number of appeals based on Apprendi would be "colossal."

Hernandez is not so sure.  "If Apprendi is saying this system is
improper, then the whole notion of guideline sentencing goes out
the window," she told DRCNet.  "But that hasn't happened yet.
Right now, the courts are continuing to say that as long as they
are imposing a sentence lesser than the statutory maximum, they
can do that."

"The real story with Apprendi is whether its notion of what is
just and what the Constitution requires, whether those guarantees
will be extended," Hernandez continued.  "If they are, a lot of
the concepts under which the guidelines operate will no longer be
upheld."

The Department of Justice, meanwhile, has convened an emergency
meeting to examine Apprendi's ramifications, and US Attorneys are
beginning to take the ruling into account as they prosecute new
cases.  In a case reported by the Washington Post, three weeks
ago prosecutors in Alexandria, VA, asked a US District Judge to
instruct jurors that they needed to decide specifically whether
the defendant possessed more than five grams of cocaine.

That does not surprise Hernandez.  "I'm sure the Department of
Justice is responding to this, especially in deciding how to
charge cases in the future," she told DRCNet.

But, Hernandez continued, "Even though some of the judges' and
US Attorneys' power may have been taken away, the horror of this
whole system remains intact.  The government still has the power
to threaten defendants with harsh penalties to encourage plea
bargains.  People have pled guilty because they were looking at
life without parole if they lost.  You're seeing examples of that
right now in the Rampart [Los Angeles] corruption scandal."

================

3. See You in Philly:  Shadow Convention Set to Convene Sunday
   http://www.drcnet.org/wol/147.html#phillycon

The first of two Shadow Conventions timed to coincide with the
major party conventions will begin this Sunday in Philadelphia as
the Republican Party meets to enthrone George W. Bush as its
presidential nominee.

The Shadow Conventions are the brainchild of author and columnist
Arianna Huffington and a bevy of policy analysts, reformers,
public officials, entertainers, and other concerned citizens.
Disenchanted with the sagging spectacle of the major party
conventions and with the parties' unwillingness or inability to
deal with critical issues, Shadow Convention organizers have
created an alternative designed to attract the swarming mass
media, bring the issues to the public attention, and build
alliances for change that cut across multiple issues.

Each Shadow Convention will focus on different aspects of three
issues considered critical by organizers: campaign finance
reform, the failed war on drugs, and poverty and wealth
inequality.

Of special interest to DRCNet readers will be the sessions
devoted to drug policy, where a number of well-known (and not so
well-known) figures will dissect the damage done by the drug war
and look for ways out of its gloomy grasp.  Among the featured
speakers on drug policy day (Tuesday, August 2nd) will be New
Mexico Republican Gov. Gary Johnson, outspoken in support of
broad drug policy reform, the Rev. Jesse Jackson, Gus Smith,
father of drug war POW Kemba Smith, and a host of prominent drug
reform movement figures.

In addition, the drug policy day will feature several panels --
mandatory minimums, culture jamming the drug war, and
criminalization and stigmatization -- as well as music and humor
at an evening Shadow Cabaret.

Complete information on both Shadow Conventions, including
detailed schedules for all four days of each event, is available
online at <http://www.shadowconventions.com>.

DRCNet will be there, and we strongly encourage everyone with an
interest in drug policy or the other issues on the agenda to
attend.

To get a sense of how the event is coming along and what it hopes
to accomplish, DRCNet spoke with Deborah Small, Director of
Public Policy and Community Outreach for the Lindesmith Center-
Drug Policy Foundation, the conveners and primary organizers of
the Shadow Conventions' drug policy component.  Here are some
highlights of that conversation:

WOL:  We are just days away from the Shadow Convention now.  What
kind of interest has the mass media displayed so far?

Small:  So far, we have a commitment from CNN, which will cover
us from 10:00 to 2:00 each day, as well as some cable access
stations and local broadcast stations.  We have not yet gotten a
commitment from the national networks.  There has been lots of
interest from print and radio journalists.  The big print outlets
have been providing some coverage already, particularly around
the wealth gap component and particularly Call to Renewal, and of
course, lots of comment and speculation about Sen. John McCain's
appearance and what that means for the Republican Party.  There
have been favorable columns, too, such as Judy Mann's call for a
war on the drug war in the Washington Post.

WOL:  You've been working on this for some time now.  How many
people do you expect, and what sorts?

Small:  Our venue holds a thousand people, and we're hoping to
fill it each day.  At last count, we already had 600 people
registered online for drug reform day in Philadelphia.  I'm not
sure about the other days because the conveners of those sessions
have separate web sites.  We also expect a very good turnout in
Los Angeles for the Shadow Convention there.

What's really interesting about the attendees is that is looks
like it's going to be a real representative cross-section of the
public.  Unlike the major party delegates, however, these are
people who didn't run to be delegates, but who are committed to
working for change on these issues.  We will have religious
leaders, community organizers, students, families of prisoners,
as well as celebrities such as Bill Maher of Politically
Incorrect and Warren Beatty, and don't forget elected officials.

WOL:  The Shadow Conventions are clearly an effort to build
support for grassroots change on these issues.  What are the
prospects for cross-fertilization among the three broad topics?

Small:  It is clear to people that the issues are related to each
other.  What is central is the role of money in politics.  Right
now, the role of big money is the principal impediment to serious
legislative action for reform on many issues.  People understand
that in order to make any headway on their issue, they need to
work with the others as well.

WOL:  The mission statement on drug policy lays out a number of
reform planks, but it doesn't mention legalization or the
controversies around drug courts and coerced treatment.  Who
wrote the mission statement and why doesn't it get into those
issues?

Small:  Ethan Nadelman [head of Lindesmith-DPF] wrote the mission
statement, but the programmatic planks were a collaborative
effort of various reform organizations.  One thing we decided was
that our target is those mainstream people who may not be
familiar with drug policy reform and its intricacies.  We tried
to pick issues where we thought the public was with us or close
to us.  We also stayed with areas where we did not have to use a
lot of time explaining our positions, because we don't have a lot
of time.  We tried to pick issues and themes that in some way
correlated with themes the major parties have on their agenda.
In Philadelphia, we want to focus on civil liberties and family
values, things the GOP focuses on.  We want our themes to match
up well with issues like that so we can better expose the
hypocrisy of the major party positions.  If the Republicans want
to talk family values, we will confront them with the shattered
families of drug war prisoners, for example.

================

4. Forbes Exposes McCaffrey's Crusade Against "Cheech and Chong
   Medicine"
   http://www.drcnet.org/wol/147.html#forbesexpose

Daniel Forbes is well known to DRCNet readers as the reporter who
broke the story of the drug czar's efforts to bring Hollywood and
the magazine industry on board for the administration's effort to
implant anti-drug messages in the mass media.  In a series of
pieces for salon.com, Forbes, a New York-based freelancer who
writes on media and social policy, detailed the workings of an
insidious payola-style arrangement between the Office of National
Drug Control Policy (ONCP, the drug czar's office) and elements
of the entertainment media.

Forbes' pieces created a firestorm of criticism for drug czar
Gen. Barry McCaffrey and his efforts to propagandize his way to
victory in the war on drugs, and the critics have only grown
louder as McCaffrey recently attempted to expand his media
manipulation to the movies.

Now, Forbes has published a new piece, "Fighting 'Cheech and
Chong' Medicine: Did the White House drug office go too far in
trying to stop the spread of medical marijuana initiatives"
(http://www.salon.com/news/feature/2000/07/27/ondcp/), in which
he locates the genesis of the drug czar's $2 billion public-
private media manipulation campaign in efforts to derail the
medical marijuana movement.  Relying on court documents filed in
Conant v. McCaffrey, in which California doctors sued to prevent
McCaffrey from impeding their efforts to recommend or prescribe
medical marijuana, Forbes details a series of meetings among
ONDCP, other government officials, and prominent private sector
backers of the drug war.

Those meetings, as documented in minutes made available to
Forbes, clearly outlined a strategy designed to thwart the
medical marijuana movement, although it remained hidden within
the broader, youth-directed media campaign.  And, writes Forbes,
those meetings also laid the groundwork for the effort to have
taxpayers ante up to supplement the corporate largesse behind
those "this is your brain on drugs" ads.

DRCNet spoke with Forbes on July 28th. Here are excerpts from
that conversation:

WOL:  The real story seems to be buried deep in your article.
You've got McCaffrey and others (government and private sector
drug warriors) plotting in meetings to undercut the medical
marijuana movement.  You've obtained these meeting minutes that
document the drug warriors' concern about the medical marijuana
movement spreading.

Forbes:  This is a complicated story -- you have to read it
through to the end, and then you say "ah-ha."  It works through
the accretion of detail.  The story builds brick by brick until
you reach the inescapable conclusion.  You see quotes from James
Copple, who was running the Community Anti-drug Coalition of
America at the time, saying things like, "We'll work with
California and Arizona to undo and stop the spread of
legalization to the other 48 states... Need to go state by state.
$ to do media."  And you have Mike Townsend from the Partnership
for a Drug-free America saying the effort would require "$175
million.  Get fdl $."  And so on.  When you add those things up,
you arrive at a real indication that one important motivation for
the media campaign was precisely to derail the medical marijuana
movement.

WOL:  Did these activities, these meetings, cross the line from
merely sleazy to outright illegality?

Forbes:  There are two possible violations of the law here.  The
first relates to the wording of the enabling legislation for the
new taxpayer-supported side of the media campaign.  That
legislation, which was passed in October 1997, said ONDCP must
submit its strategy for approval by both the House and the Senate
and include "guidelines to ensure and certify that none of the
funds will be used for partisan political purposes."  The premise
of my story is that a main, if not the sole motivation of the
campaign was the attempt to curtail medical marijuana initiatives
and derail similar elections in other states.

WOL:  Does the fact that the language refers to "partisan"
political purposes provide an out for the drug czar?

Forbes:  I don't see any particular reason why it should solely
refer to Democrats versus Republicans.  If you have two sides,
it's a partisan issue.  The public face of the paid media
campaign ignores medical marijuana -- it is not explicitly
addressed in the advertising -- but it does set a climate
inimical to the use of illegal drugs under any circumstances.

WOL:  You said there was a second area of possible violations of
the law?

Forbes:  On the other illegality issue, Thomas Haines of the
Partnership for Responsible Drug Information
(http://www.prdi.org/), who is certainly a knowledgeable source
in my book, made the point that "the use of government resources
to politic on controversial issues is clearly against ethics, as
well as the law stating that federal employees cannot take public
positions for or against legislation under consideration."  That
is something some of those high-priced drug reform lawyers might
want to look at.

WOL:  What kind of response have you had to this story?

Forbes:  I have to say it's been disappointing, and key to that
was probably that the Associated Press hadn't deemed it worthy of
their attention.  Salon contacted a bunch of reporters, and so
did I.  The thing you have to understand is that the story is not
a smoking pistol.  I didn't obtain a smoking pistol, but a very
warm gun.  It's a complicated story, you have to read it through
to the end, and then you say "ah-ha."  But there's no "gotcha,"
no easy hook for a reporter to hang his hat on.  But it'll be on
DRCNet, and they drive the national media, right?  And I'll be
interviewed by Dick Cowan tonight on the Marijuana News
(http://www.marijuananews.com/).

WOL:  You testified before the House Government Reform Committee,
Subcommittee on Criminal Justice, Drug Policy and Human Resources
back on July 12 as the representatives reviewed McCaffrey's media
campaign.  What was that like?

Forbes:  Although I did some additional reporting on this story
after my testimony, I gave a pretty good summary of the story in
open testimony before the committee.  In fact, it was in the
process of seeking to generate some new material for this
testimony to make it worthwhile for them to listen to me that I
discovered this new material.  One thing I can speculate on is
the fact that McCaffrey testified before me, and then it was
announced that he would be available for questions afterward.
While I was discussing this matter, most reporters went and
talked to him instead.

WOL:  What are you up to now?

Forbes:  I need to approach editors on three stories I have in
the pipeline.  These are more analytical-type magazine pieces,
not necessarily scoops. Still, I want to encourage your readers
to keep me in mind if they run across any interesting tidbits.
My e-mail address is [EMAIL PROTECTED]

WOL:  What kind of results to your think your work has achieved?

Forbes:  First, I want to say that I've been really lucky, and
luck plays a role in all of this.  The story was originally
intended for a trade magazine, but with them it was death by a
thousand cuts, and they would only have published an eviscerated
version.  The New Yorker was interested, but their long lead-time
had me worried I would get scooped.  Fortunately, Salon picked it
up before that happened.

I will say that I was able to shine a light on a program of
covert propaganda and I think that is something the public needs
to be aware of.  This sort of story is like catnip for any
reporter; how could you not pursue a story like that?  More
specifically, the stories did change federal policy, or, as the
Washington Post put it, the ONDCP had to say, "We didn't look at
scripts in advance and we won't do it anymore."  On the other
hand, this is still ongoing, at least as of last spring.  The TV
networks are still receiving hundreds of thousands of dollars
worth of financial credits that they can exercise if they choose.

WOL:  Anything else you want to add?

Forbes:  Well, I've been smeared and the ONDCP has attempted --
unsuccessfully -- to trash my work, but that only fueled my
investigative fires.  There is also one key point on the movies
angle.  On the day the story broke, Eric Lichtblau of the Los
Angeles Times interviewed ONDCP spokesman Bob Weiner before ONDCP
got their stories straight.  Weiner told him that studios could
indeed submit finished movies for credits the same way TV studios
do.  I don't know if that will actually happen, but that was the
official statement from the ONDCP.  It hasn't received the
attention it deserves.

(See last week's issue for a discussion of the ONDCP media buys
and other topics with famed actor/producer/activist Mike Farrell,
http://www.drcnet.org/wol/146.html#farrell in our archives.)

================

5. Drug Policy Letter Issue Focuses on Drug War Prisoners, DRCNet
   Launches New Prison/Incarceration Info List
   http://www.drcnet.org/wol/147.html#jubilee

DRCNet has started a special new e-mail list to support the work
of the Jubilee Justice 2000 campaign and other efforts to free
drug war prisoners.  JUBILEE-INFO is a one way announcement list
-- similar to the DRC-NATL list that carries the Week Online in
that it is not a discussion group but only carries announcements
that DRCNet distributes -- but which is intended for people who
want to get more information and action alerts on prison/
incarceration issues, without having to wait until the end of the
week to read them in the Week Online.

Please visit http://www.drcnet.org/jubilee-signup/ to subscribe,
and please visit http://www.drcnet.org/justice/ to send an e-mail
or fax to Congress opposing mandatory minimum sentencing and the
war on drugs.

Please support the following clemency petitions:

 * Kemba Smith: http://www.geocities.com/CapitolHill/Lobby/8899/

 * Dorothy Gaines: http://www.cjpf.org/gaines.html

 * Charles Garrett: http://www.freecharlesgarrett.org

 * Jubilee Justice: http://www.jubileejustice.org -- sign the
petition, and e-mail John Chase at [EMAIL PROTECTED] to
volunteer to help process them.

The May/June 2000 issue of the Drug Policy Letter, with guest
editor Chad Thevenot, features "Prisoners of War," a sobering
discussion of the reality of America's unprecedented
incarceration frenzy:

 * Mary-Elizabeth Fitzgerald discusses how the incarceration of
drug offenders impacts women and their children.

 * Kelly Ali, the wife of a drug war prisoner, shares her
personal narrative of a prison visit.

 * Drug war prisoner G. Patrick Callahan gives a firsthand
account of life behind bars.

 * Kay Perry, coordinator of the eTc campaign, talks about the
excessive charges for prisoner phone calls.

 * DPF Senior Policy Analyst Bill Piper reports on the use of ion
scanning in prisons to search prison visitors.

 * David Leven reports on the excessiveness and destructiveness
of the use of solitary confinement in prisons for disciplinary
infractions.

 * Prisoner advocate Mary Barr comments on how drugs are smuggled
into prisons and jails.

 * Tom Cahill outlines the tragic reality of jail and prison
rape.

 * Last but not least, "Doing Time For Consensual Crime," by
Peter McWilliams, 1949-2000, excerpted from his landmark book
"Ain't Nobody's Business If You Do."

Call the Drug Policy Foundation at (202) 537-5005 or e-mail
[EMAIL PROTECTED] to join or request a copy, and visit
http://www.dpf.org to find out more.

================

6. Six of One, Half a Dozen of the Other:  Important Amendments
   to Anti-Methamphetamine Act
   http://www.drcnet.org/wol/147.html#sixonehalfdozen

Opponents of H.R. 2987, the infamous "Methamphetamine Anti-
Proliferation Act," won a major victory last Tuesday, with the
striking by the Judiciary Committee of provisions infringing on
the right to free speech, including provisions banning
distribution of information relating to the manufacture of a
controlled substances, banning the advertising of drug
paraphernalia, and allowing federal agencies to order Internet
service providers to take down web pages they claim are illegal.

The Committee also passed an amendment allowing federal judges to
divert nonviolent drug offenders charged solely with possession
of an illegal drug into drug treatment or other alternative
sentencing.  An earlier provision allowing secret searches was
also struck last week.

At the same time, however the Committee added text to turn H.R.
2987 into the "Methamphetamine and Club Drug Anti-Proliferation
Act of 2000," enacting new mandatory minimum penalties for
offenses involving methamphetamine, ecstasy and other substances.

A victory has been won for free speech, but the drug war rages
on.  DRCNet will keep you informed on this legislation and will
issue action alerts as needed.  Further information on H.R. 2987
and the Judiciary Committee activity can be found online at
<http://www.cognitiveliberty.org/newsrelease/july262000.htm>.

================

7. Newsbrief: Recalcitrant Feds to Appeal Oakland Marijuana Club
   Decision
   http://www.drcnet.org/wol/147.html#medmjruling

The Justice Department announced on July 23rd that it will appeal
a ruling by US District Judge Charles Breyer that allows the
Oakland Cannabis Buyers Cooperative to sell medical marijuana to
seriously ill patients.

The government has yet to file any briefs in its appeal to the
9th US Circuit Court of Appeals.  Neither has it announced
whether it will challenge the 9th Circuit's ruling that forced
Breyer to modify his original injunction barring the club from
distributing medical marijuana.  The government has until Friday
to ask the US Supreme Court to review the 9th Circuit ruling.

On July 18th, Breyer rejected the Justice Department's request
for a stay of the order.  Breyer told the court he doubted the
government's appeal would be successful.

The case evolved out of California's successful Proposition 215
in 1996, which allows the medical use of marijuana.

See DRCNet's coverage of this issue from last week, archived at
<http://www.drcnet.org/wol/146.html#calmedmj>.

================

8. Liar of the Week
   http://www.drcnet.org/wol/147.html#liaroftheweek

Our drug czar, retired Army General Barry McCaffrey, appearing on
National Public Radio's Talk of the Nation program on Tuesday,
July 25th, demonstrated that disinformation is used not only
against war time opponents, but also as a debate tactic against a
war's domestic critics.  (Visit
http://search.npr.org/cf/cmn/cmnpd01fm.cfm?PrgDate=07/25/2000&PrgID=5
for a Real Audio archive of the show.)

The topic was the US aid package to Colombia, and a good
discussion took place, thanks to the efforts of host Juan
Williams and many well informed callers.  McCaffrey, however, got
a few deceptions in that were not quite answered.

For example, responding to a caller criticizing foreign anti-drug
operations that don't work, instead of spending the money dealing
with addiction here at home, McCaffrey said:

"Well, you know, we shouldn't argue about facts.  They're either
facts or not facts.  We ought to argue about conclusions.  The
facts of the matter are, if you look at the US counter-drug
budget, it's primarily focused on enhancing prevention, education
and treatment."

Unfortunately, when the drug czar speaks, what are presented as
facts often turn out to be fiction.  According to the 2000
National Drug Control Strategy, published by McCaffrey's own
office, the FY2001 budget includes $12.9 billion on criminal
justice and interdiction and source country programs, versus only
$6.3 billion on treatment and prevention combined, not at all the
"primary focus" of the budget that McCaffrey claimed (see
http://www.whitehousedrugpolicy.gov/policy/budget00/exec_summ.html).

When Williams read a statement by Sen. Slade Gorton (R-WA)
warning of a growing involvement in a civil war and attendant
human rights violations, McCaffrey responded:

"Well, I think that this debate has had tremendous impact on the
program we ended up with.  I think Senator Leahy and Kennedy and
Slade Gorton's views have influenced the way the legislation was
written.  There are some safeguards in here.  We are vetting
Colombian military and police units [for human rights
violations]."

On Friday of the preceding week, however, the Associated Press
reported that McCaffrey aide Brad Hittle said that while the
administration wants to comply with "the spirit of the law" and
work with Colombia on human rights, the top priority is "to get
the aid flowing," suggesting that the administration may waive
the human rights requirement and supply helicopters and funding
to Colombian army units implicated or suspected of complicity in
torture and murder.

Rationalizing the package, McCaffrey said, "We've got to remind
ourselves, this is 52,000 dead in the US a year and these people
are three hours' flight from Miami.  This is not North Korea
we're talking about."

The official government figures on deaths from drugs is about
20,000 per year from illegal and prescription drug abuse
combined.  McCaffrey has used the 52,000 figure over and over,
but his office has never explained how they define a drug-related
death or where the figure originated at all.  Multiple attempts
by drug policy reform groups to get an explanation have yielded
no better reply than to attribute it to an unidentified,
unpublished study.

These 20,000 are deep personal tragedies for the individuals and
their friends, families and communities, but that in no way
absolves the drug czar of his responsibility to be truthful with
the public.  Maybe it was a study similar to that overseen by
former McCaffrey aide James McDonough, now the Florida drug czar,
which gave a figure for club drug deaths in the state that was
literally twice the actual number.  According to the Orlando
Sentinel, McDonough's study included:

 * a 15 year-old who died of an undiagnosed heart ailment while
playing basketball;

 * a 4 year-old boy who died in the hospital after a spinal tap;

 * a 6 month-old Miami boy who died of sudden infant death
syndrome;

 * an 82 year-old woman who died 8 days after being hit by a car;

 * a 58 year-old man who died upon leaving the hospital after a
heart operation;

 * a 52 year-old nursing home patient who fell and hit his head;
and

 * a 74 year-old cancer patient who died in the hospital from an
accidental overdose of morphine.

The Sentinel report quoted survivors who were deeply offended by
their family being falsely included in a drug abuse death report.
(See http://www.drcnet.org/wol/138.html#floridacount for DRCNet's
coverage of the McDonough debacle.)

The NPR ombudsman can be reached through
http://www.npr.org/inside/ombudsman/ on the NPR web site.  Thank
NPR for the good quality discussion that host Juan Williams
facilitated, but note how McCaffrey abused the platform they
provided to subject listeners to his dishonest propaganda.  Send
us a copy of your comments, to [EMAIL PROTECTED]

================

9. Media Scan:  salon.com, Washington Post
   http://www.drcnet.org/wol/147.html#mediascan

Don't Ask, Don't Tell:  Military police have taken to District of
Columbia bars to look for servicemen selling club drugs -- but
only in gay bars.
http://www.salon.com/news/feature/2000/07/18/sldn/

Judy Mann:  The Washington Post columnist wants us to "Make War
on the War on Drugs."
http://www.washingtonpost.com/wp-dyn/articles/A45866-2000Jul26.html

================

10. ALERTS:  Colombia, Mandatory Minimums, California, New York,
    Washington
    http://www.drcnet.org/wol/147.html#alerts

COLOMBIA:  In the wake of the late reported El Salado massacre
(see story above), Senator Paul Wellstone (D-MN) is circulating a
letter to be sent to President Clinton asking that Colombia be
decertified for US military assistance -- i.e. the recently
passed "Plan Colombia" -- based on continued human rights abuses.
Please call your Senators -- use the Congressional Switchboard at
(202) 224-3121 to be transferred to their offices -- or visit
http://www.drcnet.org/stopthehelicopters/ to tell your Senators
that Plan Colombia was a terrible mistake and it's time to call
it off before it's too late.

MANDATORY MINIMUMS:  See http://www.drcnet.org/wol/145.html
(articles 1 and 2) for information on the Jubilee Justice 2000
campaign to free drug war prisoners and how you can help.
Further information is included in this week's issue as well, see
above.  Visit http://www.drcnet.org/justice/ to tell Congress you
think the mandatory minimums should go!

CALIFORNIA:  Oppose "Smoke a Joint, Lose Your License" bill --
visit http://www.drcnet.org/states/california/ to write your
state legislators.

NEW YORK:  Repeal the Rockefeller Drug Laws!  Visit
http://www.drcnet.org/states/newyork/ to send a message to your
legislators in Albany.

WASHINGTON STATE:  Help the "Reasonable People" campaign get
their drug policy reform initiative on the ballot -- visit
http://www.reasonablepeople.org and involved!

================

11. HEA Campaign
    http://www.drcnet.org/wol/147.html#heacampaign

We reprint our action call on the Higher Education Act campaign
below.  It's not too late to get involved, and we need your help!
See http://www.drcnet.org/wol/138.html#partialvictory for the
latest major campaign update and point your browser to
http://www.drcnet.org/wol/141.html#usatoday for the campaign's
latest major press coverage.

WHAT YOU CAN DO:

1) We urgently need to hear from students who have been affected
by this law, especially students who are willing to go public.

2) Educators are needed to endorse our sign-on letter to
Congress.  If you teach or are otherwise involved in education,
or are in a position to talk to educators, please write to us at
[EMAIL PROTECTED] to request a copy of our educators letter
and accompanying activist packet -- available by snail mail or by
e-mail.

3) We need students at more campuses to take the reform
resolution to their student governments.  Campuses recently
endorsing it include University of Michigan, Yale University,
University of Maryland, University of Kansas, the Association of
Big Ten Schools, Douglass College at Rutgers University and many
more.  Visit http://www.u-net.org for information on the student
campaign and how to get involved.

4) All US voters are asked to visit http://www.RaiseYourVoice.com
to send a letter to Congress supporting H.R. 1053, a bill to
repeal the HEA drug provision.  Tell your friends and other like-
minded people to visit this web site.  Follow up your e-mail and
faxes with phone calls; our system will provide you with the
phone numbers to reach your US Representative and your two US
Senators.

5) Please contact us if you are involved with organizations that
have mainstream credibility that might endorse a similar
organizational sign-on letter -- organizations endorsing already
include the NAACP, American Public Health Association, ACLU,
United States Student Association, NOW, and a range of social,
religious and other groups.

================

12. Event Calendar
    http://www.drcnet.org/wol/147.html#eventcalendar

July 29-August 4, San Diego, CA, "Cato University" seminar
covering history, economics, law, philosophy, and foreign policy,
sponsored by the Cato Institute.  Registration fees start at
$1,100, some student scholarships available. For information or
registration, call (202) 218-4633 or visit
<http://www.cato-university.org>.

July 30-August 2, Philadelphia, PA, Shadow Convention 2000, visit
http://www.shadowconventions.com for info.

August 3, Washington, DC, 12:30-2:30pm, "Women and the Drug War:
The Fastest Growing (and Least Violent) Segment of the Prison
Population," brown bag lunch and speaker series, with Mary Barr,
former prisoner and lecturer on substance abuse, prisons and
treatment, with video excerpts from ABC News Nightline and Court
TV's "Prisoners of Love."  At the Institute for Policy Studies,
733 15th St., NW, Suite 1020, call Jaime Yassef at (202) 234-9382
for information.

August 11, Washington, DC, "The Politics of Marijuana: One Arrest
Every 46 Seconds," with Rob Kampia, Executive Director of the
Marijuana Policy Project and the ABC News documentary "Pot of
Gold," 12:30-2:30, Institute for Policy Studies Summer "brown
bag" lunch and speakers series, 733 15th St. NW, Suite 1020. For
more information, call Jaime Yassef (202) 234-9382.

August 11, Washington, DC, 12:30-2:30pm, "The Politics of
Marijuana: One Arrest Every 46 Seconds," brown bag lunch and
speaker series, with Rob Kampia of the Marijuana Policy Project
and the ABC News documentary Pot of Gold.  At the Institute for
Policy Studies, 733 15th St., NW, Suite 1020, call Jaime Yassef
at (202) 234-9382 for information.

August 10-13, San Francisco, CA, "Fourth Annual Hepatitis C
Conference," sponsored by the HCV Global Foundation.  For
information or to register, visit http://www.hcvglobal.org or
contact Krebs Convention Management Services, 657 Carolina St.,
San Francisco, CA 94107-2725, (415) 920-7000, fax (415) 920-7001,
[EMAIL PROTECTED]

August 13, Los Angeles, CA, 2:00-5:00pm, "What's Missing, What
Matters: A Town Hall Meeting," sponsored by The Nation Institute.
At the Leo Baeck Temple, 1300 N. Sepulveda Blvd.  Free, RSVP
required, call (877) 486-9395 or e-mail [EMAIL PROTECTED]
to register or for info.  Co-sponsored by the Leo Baeck Temple
and KPFK-FM.

August 14-16, Los Angeles, CA, "Shadow Convention 2000," visit
http://www.shadowconventions.com for info.

August 17, Washington, DC, 12:30-2:30pm, "International Harm
Reduction Policies:  How Do Other Countries Deal With Drugs,"
brown bag lunch and speaker series, with Allan Clear of the Harm
Reduction Coalition and excerpts from US and Australian
documentaries.  At the Institute for Policy Studies, 733 15th
St., NW, Suite 1020, call Jaime Yassef at (202) 234-9382 for
information.

September 8, New York, NY, 9:30am-5:00pm.  Workshop: Boundary
Issues for Service Providers, Harm Reduction Training Institute,
22 West 27th St., 5th Floor, course fee $60.  Contact (212) 683-
2334, ext. 32.

September 9-13, St. Louis, MO, "2000 National Conference on
Correctional Health Care," sponsored by the National Commission
on Correctional Health Care, at the Cervantes Convention Center.
For information,contact NCCHC, (773) 880-1460 or visit
<http://www.ncchc.org>.

September 11, New York, NY, 9:30am-1:00pm.  Workshop: Drugs --
Modes of Administration, Harm Reduction Training Institute, 22
West 27th St., 5th Floor, course fee $40.  Contact (212) 683-
2334, ext. 32.

September 13, New York, NY, "Race-ing Justice: Race and
Inequality in America Today," with Manning Marable of Columbia
University's Institute for Research in African American Studies.
at 122 West 27th Street, 10th floor, sponsored by New York
Committees of Correspondence for Democracy and Socialism, $5
requested but not required, call (212) 229-2388 for information.

September 13-15, Durham, NC, "North American Conference on
Fathers Behind Bars and on the Streets," sponsored by the Family
& Corrections Network and the National Practitioners Network for
Fathers and Families, at the Regal University Hotel.  For
information, visit http://www.npnff.org or call (202) 737-6680.

September 14, New York, NY, 9:30am-5:00pm.  Workshop: Harm
Reduction and Case Management, Harm Reduction Training Institute,
22 West 27th St., 5th Floor, course fee $40.  Contact (212) 683-
2334, ext. 32.

September 16, Denver, CO, Families Against Mandatory Minimums
Regional Workshop, location to be determined.  Call (202) 822-
6700 for information or to register.

September 19, New York, NY, 9:30am-5:00pm.  Workshop: Harm
Reduction in Counseling, Harm Reduction Training Institute, 22
West 27th St., 5th Floor, course fee $60.  Contact (212) 683-
2334, ext. 32.

September 27, New York, NY, 9:30am-5:00pm.  Workshop: Clinical
Supervision for Supervisors, Harm Reduction Training Institute,
22 West 27th St., 5th Floor, course fee $60.  Contact (212) 683-
2334, ext. 32.

September 28, Salt Lake City, UT.  Second Annual Community Forum
on Drug Sentencing, featuring Salt Lake City Mayor Rocky Anderson
introducing former New York state chief judge Sol Wachtler.
Sponsored by the Utah chapter of Families Against Mandatory
Minimums, call (202) 822-6700 for further information.

October 2, New York, NY, 9:30am-5:00pm.  Workshop: Harm Reduction
Management, Harm Reduction Training Institute, 22 West 27th St.,
5th Floor, course fee $60.  Contact (212) 683-2334, ext. 32.

October 4, New York, NY, 9:30am-5:00pm.  Workshop: The Life
Process Program: Harm Reduction in Traditional Practice, Harm
Reduction Training Institute, 22 West 27th St., 5th Floor, course
fee $60.  Contact (212) 683-2334, ext. 32.

October 6, New York, NY, 9:30am-1:00pm.  Workshop: MICA and Harm
Reduction, Harm Reduction Training Institute, 22 West 27th St.,
5th Floor, course fee $40.  Contact (212) 683-2334, ext. 32.

October 11-14, Hamburg, Germany, "Encouraging Health Promotion
for Drug Users Within the Criminal Justice System," at the
University of Hamburg.  For further information and brochure,
contact:  The Conference Secretariat, c/o Hit Conference, +44 (0)
151 227 4423, fax +44 (0) 151 236 4829, [EMAIL PROTECTED]

October 18, Minneapolis, MN, Benefit for NORML Minnesota.  First
Ave. & 7th St., $5 or free for members.  For information, call
(612) 871-8780, e-mail [EMAIL PROTECTED] or visit
http://www.normlmn.com on the web.

October 21-25, Miami, FL, "Third National Harm Reduction
Conference," sponsored by the Harm Reduction Coalition, at the
Wyndham Hotel Miami Biscayne Bay.  For information, call (212)
213-6376 ext. 31 or e-mail [EMAIL PROTECTED]

November 1, New York, NY, 9:30am-5:00pm.  Workshop: Using
Creativity in Direct Service, Harm Reduction Training Institute,
22 West 27th St., 5th Floor, course fee $60.  Contact (212) 683-
2334, ext. 32.

November 3-4, Chicago, IL.  Conference on US Policy & Human
Rights in Colombia:  Where do we go from here?  At DePaul
University, sponsored by various organizations concerned with
Latin America, human rights and peace.  For information contact
Colombia Bulletin at (773) 489-1255 or e-mail [EMAIL PROTECTED]

November 11, Charlotte, NC, Families Against Mandatory Minimums
Regional Workshop, location to be determined.  Call (202) 822-
6700 for information or to register.

November 16-19, San Francisco, "Committing to Conscience:
Building a Unified Strategy to End the Death Penalty," largest
annual gathering of Death Penalty opponents.  Call Death Penalty
Focus at (888) 2-ABOLISH or visit http://www.ncadp.org/ctc.html
for further information.

January 13, 2001, St. Petersburg, FL, Families Against Mandatory
Minimums Regional Workshop, location to be determined.  Call
(202) 822-6700 for information or to register.

================

13. EDITORIAL:  Shocking Incrementalism
    http://www.drcnet.org/wol/147.html#editorial

David Borden, Executive Director, [EMAIL PROTECTED]

It is shocking that 4 1/2 million Americans are on probation or
parole.  Surely the extraordinary number of people under
correctional control in our country -- over 6 1/2 million,
including the prisoners -- and the extraordinary cost of
confining or monitoring them, will provoke a rethinking of our
"tough on crime" policies and lead to a more intelligent, more
targeted, more just way of dealing with offenders -- particularly
nonviolent drug offenders, who number nearly a fourth of the
above totals.

Then again, it was shocking last February when the incarcerated
population -- prisons and jails combined -- hit two million.
Now, it still gets some ink, some more people have gotten
involved as a result of it, but by and large it's not the story
of the day on the TV screens, radios and newspaper headlines
across this country.

The biggest shocker I remember came out five years ago, when the
Sentencing Project released its "Young Black Men and the Criminal
Justice System: Five Years Later" report, finding that on any
given day, 1 in 3 black men between the ages of 20 and 29 are
under the control of the criminal justice system, either prison,
jail, probation or parole.

Then again, it was probably quite shocking when they issued their
first report on the subject, in 1990, "Young Black Men and the
Criminal Justice System: A Growing National Problem."  That
report found that 1 in 4 black men in that age group were under
criminal justice supervision.

I asked Marc Mauer, author of the 1990 and coauthor of the 1995
report, if they were planning to do another follow-up study,
since another five years had passed.  He said they were thinking
about it, but "how bad do the numbers have to get" before
something is done about it?

Maybe it's not how bad the numbers get, but how suddenly.  The
fact that the number of nonviolent drug offenders increased 11-
fold between 1980 and 1997, and now number over 458,000, is
surprising, when you think about it.  But suppose that instead of
imprisoning these people slowly, over the course of 17 years,
they'd rounded them up all at once?  Say they put those 400,000+
people behind bars in the space of a week, or a month -- or say a
half a year, to give their lawyers time to prepare for trial --
if there even were that many lawyers back then?

I dare say that that would have shocked the nation, dominated the
talk shows and the editorial pages for months, maybe even sparked
mass demonstrations of the kind not seen since the heyday of the
civil rights movement.

Yet the wisdom, justice, or bare sanity of such a large but
unsuccessful incarceration program, is not measure by how many
years is spent building it.  If it would have been shocking or
wrong to suddenly imprison 400,000 drug offenders all at once in
1980, why would it be any better to have such vast numbers in
prison now?  Would it be qualitatively different from, say,
suddenly incarcerating yet another 450,000 nonviolent drug
offenders during the remainder of the summer?

It is because of the drug war's slow, creeping growth that these
terrible numbers, these terrible misdeeds committed in the name
of protecting our children, can be tolerated by the great mass of
the American public:  the over-incarceration of our citizenry,
the institutionalization of drug testing, the abuse of property
and privacy rights, extraordinary mandatory minimum sentences
that throw away the lives of countless people who should have
gotten a second chance, if they should ever have been bothered at
all.

Over time, with many more such reports and constant talking and
advocating and agitating, Americans will one day realize the
mistake they've slowly made.  Then, we hope, this self-inflicted
tragedy of our time will come to an end.

-----------------------------------------------------------

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Drug Reform Coordination Network, 2000 P St., NW, Suite 210,
Washington, DC 20036, (202) 293-8340 (voice), (202) 293-8344
(fax), e-mail [EMAIL PROTECTED]  Thank you.

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