How To Make A Legal Career By Caging People Who Aren't A Danger To Society
Have a bag of shrooms in your car as you drive past a school in Tennessee? No, you're not tossing them out to children like breadcrumbs to pigeons. They just happen to be in your car...maybe even in your trunk as you pass that school -- maybe even in the dead of night. Well, how's a long prison sentence sound to you as punishment for that? Like a decade-plus?
At Reason, C.J. Ciaramella writes that a bill to reform Tennesee's draconian drug-free school zone laws -- shrinking the zone from 1,000 feet to 500 -- was killed when the Tennessee District Attorneys General Conference (self-servingly! Vengefully!) announced its opposition:
The DAs had previously been neutral, but they moved into opposition after funding for new paralegal positions in their offices was removed from the legislation.A Reason investigation in December found that Tennessee's Drug-Free School Zone Act--which creates 1,000-foot drug-free zones radiating from schools, parks, libraries, and day cares--had covered large swaths of cities with enhanced sentencing areas. Thirty-eight percent of Memphis, for example, consists of drug-free zones. Those laws were rarely, if ever, used to prosecute sales of drugs to minors or on school grounds.
Instead, first-time offenders receive huge sentences--in one case, 15 years for an $80 bag of mushrooms--even if school isn't in session or if they just happened to be driving through a zone. The threat of an enhanced sentence gave prosecutors immense leverage to squeeze plea deals out of defendants. It also enticed police and confidential informants to set up drug deals inside the zones for the purpose of securing a drug-free zone charge.
There were also wide racial disparities in who received the enhanced sentences. Sixty-nine percent of inmates serving time for a drug-free school zone offenses were black, though blacks make up only 17 percent of the total Tennessee population.
And now, thanks to the shitty, petty DAs, Ciaramella reports: "Tennessee will keep a system in place that puts first-time drug offenders in prison for years, sometimes decades."








Ah, this old gem again: "There were also wide racial disparities in who received the enhanced sentences. Sixty-nine percent of inmates serving time for a drug-free school zone offenses were black, though blacks make up only 17 percent of the total Tennessee population."
"The most dangerous misconception about our criminal justice system is that it is pervaded by racial bias. For decades, criminologists have tried to find evidence proving that the overrepresentation of blacks in prison is due to systemic racial inequity. That effort has always come up short. In fact, racial differences in offending account for the disproportionate representation of blacks in prison. A 1994 Justice Department survey of felony cases from the country’s 75 largest urban areas found that blacks actually had a lower chance of prosecution following a felony than whites. Following conviction, blacks were more likely to be sentenced to prison, however, due to their more extensive criminal histories and the gravity of their current offense."
By the way... "Drug-Free Zone"? Is that like, "Gun-Free Zone"? If so, how's that working?
Radwaste at May 2, 2018 2:08 AM
Bullshit.
For example:
http://www.cjcj.org/uploads/cjcj/documents/Misdemeanor_marijuana_arrests.pdf
Amy Alkon at May 2, 2018 3:28 AM
From the Nat Registry of Exonerations:
http://www.law.umich.edu/special/exoneration/Documents/Race_and_Wrongful_Convictions.pdf
Amy Alkon at May 2, 2018 3:47 AM
It seems that the code of conduct for Tennessee prosecutors is not to seek justice for victims of crime; but rather to seek more funding and higher conviction rates by making it a crime to be a victim.
Jay at May 2, 2018 6:17 AM
The real question is how many white offenders were sent home with no or lesser punishment? Or does the inmate ratio accurately reflect the criminal ratio? That African-Americans are locked up in numbers disproportionate to their population numbers is irrelevant if they disproportionately commit the crimes.
If white offenders are being let go with suspended or lighter sentences than black offenders without mitigating circumstances (e.g., lengthy prior criminal records), then we have an issue.
If the inmate ratio accurately reflects the crime commission ratios, then we have to ask ourselves why these young men are not invested in civilization and its rules. What can we do to get them back; to get them invested in society?
Inmate ratios are a poor (and misleading) measure of discrimination without the attendant crime ratios.
Conan the Grammarian at May 2, 2018 11:06 AM
"The best national evidence on drug use shows that African Americans and whites use illegal drugs at about the same rate. Nonetheless, African Americans are about five times as likely to go to prison for drug possession as whites"
So what? You are far more likely to go to jail for drug possession when you are selling than buying. Black and Hispanic gangs dominate the market.
Also, I remember commenting on my experiences with bigoted Californians and you got really angry Amy. But now you agree?
Ben at May 2, 2018 2:36 PM
"Bullshit"
Perhaps you'd like to reconcile this with the >18:1 kill ratio black men enjoy over police officers.
Go ahead: walk through any of a dozen American cities and see what happens to you - and note the color of your assailant.
You won't do that. You cannot.
Note the black-on-black MURDER rate, and call THAT "bullshit". In some categories of crime, blacks offend at over ten times the rate of other ethnic groups - even when the city and police administration is entirely run by black people.
This isn't something that can be blamed on anybody else.
Radwaste at May 2, 2018 3:40 PM
Sorry, Amy. Insufficient data. And frankly, I'm disappointed that you didn't look at this more objectively. Overrepresentation in prison could mean overrepresentation in crimes.
According to FBI crime statistics, blacks are overrepresented in every crime, with one exception: DUI. Apart from that, they commit more crime that their 13.3 percentage of the population would suggest. And in the crimes of murder and robbery, blacks commit more of this crime than all other races in the U.S. put together.
According to the Center for Disease Control, the leading cause of death in black males, aged 15-35 is homicide. Who's doing this? Other black males. 92% of all blacks murdered are murdered by other blacks. (In white males, homicide is no where near as prevalent, and is a distant third to fifth place as the leading cause of death.)
What I find interesting in all this is that, in this day and age of the internet, a narrative is so often accepted as a fact, and no one ever questions it.
The thing I appreciate the most about the internet is that it killed "they." I remember debates in my younger days in which people would authoritatively declare, "They did studies on this, and they found that..."
All without ever telling us who "they" were.
And it seems that you're of this mindset. A narrative is accepted, and despite the resources literally at your fingertips, you don't investigate it.
And you wouldn't be the only one. Far from it. Black Lives Matter actually counts on peoples' unwillingness to investigate their claims. And their success proves that their faith in their supporters' simple laziness is well-founded.
They tell us that cops are killing black people out of proportion. Yet, studies done by Peter Moskos, of the John Jay University Criminal Justice Department says that simply isn't true.
Harvard Economics professor Roland G. Fryer, Jr. a black man who grew up hating cops his entire life, also set out to prove racial bias in police killings, instead found, in what he called "the most suprising discovery of my career" found no evidence of racial bias in cop killings and that, if anything, cops were more likely to kill white suspects.
Ditto Heather MacDonald, who also found -- surprise, surprise -- that the cops more likely to kill black suspects were far and away black cops. White cops were the least likely, followed closely by Hispanic cops.
Patrick at May 2, 2018 5:52 PM
And I almost forgot, what is often criminal prosecution for "possession" is plea-bargained down from "selling."
Patrick at May 2, 2018 5:54 PM
California is experiencing prison overcrowding mostly due to drug offenders. And it's taxing the system - while enriching the prison guards' union.
Conan the Grammarian at May 6, 2018 11:08 AM
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