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Rafael Lemaitre

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Obama Drug Policy: Reforming the Criminal Justice System

Posted: 12/02/2011 5:34 pm

Recently we had the privilege of recognizing 10 community organizers at the White House as "Champions of Change." Each of these Champions represent innovative organizations and programs working across America to reform the way we approach our nation's drug problem. Among this group of educators, physicians, social workers and people in recovery from substance use disorders, was a 25-year veteran of the Providence, R.I. police department.

As we sat in the Roosevelt Room just steps from the Oval Office, Lt. Daniel Gannon told us something many Americans might not expect from a law enforcement officer. Not every drug offender belongs in prison, he said. "Prisons are for the bad guys." For many of the others, he said, what's often needed is access to drug treatment, community services and a second chance. Lt. Gannon -- who advocates for an innovative community policing program called Drug Market Intervention -- is just one among thousands of community leaders around the country working to implement a variety of innovative, compassionate and evidenced-based drug policies at the local level.

Progressive and effective reform efforts like these could not come at a better time. More than seven million people in the United States are under the supervision of the criminal justice system. Of these, more than two million are behind bars. Making matters worse, African Americans are disproportionately incarcerated for drug offenses. In fact, African Americans have higher proportions of inmates in state prison who are drug offenders compared to whites -- about 50 percent higher. For states and localities, the cost of managing the prison population has grown significantly. Between 1988 and 2009, annual state corrections spending jumped from $12 billion to more than $50 billion.

Just as alarming is the strong connection between crime and substance use. Data shows that over half of state and federal inmates used drugs during the month preceding the offense corresponding to their sentence. And nearly a third of state prisoners and a quarter of Federal prisoners were using drugs at the time of the offense.

The complexity and scale of our drug problem requires a nationwide effort to support smart drug policies that reduce drug use and its consequences. Since day one, the Obama Administration has been engaged in an unprecedented government-wide effort to reform our nation's drug policies and restore balance to the way we deal with the drug problem. We have pursued a variety of alternatives that abandon an unproductive enforcement-only "War on Drugs" approach to drug control and acknowledge we cannot arrest our way out of the drug problem and, further, that drug addiction is a disease of the brain, not some "moral failing."

This strategy is vital because by recognizing drug addiction as a chronic and progressive disease, we can actually work to prevent and treat substance use disorders and break the cycle of drug-related crime. Simply put, it makes more sense to prevent and treat drug problems before they become chronic than simply to legalize drugs altogether or keep filling our prisons with drug offenders over and over again. Neither of these extremes are sound or humane drug policies.

Under the Obama Administration, the shift has already begun toward programs that emphasize public health over incarceration. Over the past year, the federal government spent $10.4 billion on drug prevention and treatment programs. That is more than twice the amount -- $4.3 billion -- spent on drug-related incarceration operations. And it's just the beginning:

  • Last year, President Obama signed the Fair Sentencing Act into law. This important and long-overdue criminal justice reform dramatically reduced a 100-to-1 disparity between sentences for powder and crack cocaine that disproportionately affected minorities. More recently, we advocated for, and the U.S. Sentencing Commission approved, the retroactive application of these sentencing guidelines which became effective on Nov. 1.
  • The Administration ardently supports the expansion of drug courts, which place non-violent drug offenders into treatment instead of prison. Today, there are over 2,600 drug courts across the nation, diverting about 120,000 people a year into treatment instead of prison. Because of this expansion, someone in America is referred to drug treatment instead of jail through drug courts on average every four minutes.
  • The Administration is implementing the Second Chance Act, which passed Congress with overwhelming bipartisan support and provides resources for common sense, evidence-based approaches to reducing crime. Specifically, it provides funding for programs that improve coordination of reentry services and policies at the state, tribal, and local levels, including demonstration grants, reentry courts, family-centered programs, substance abuse treatment, employment, mentoring and other services needed to reduce recidivism and improve the transition from prison and jail to communities.
  • Last year, the Department of Justice awarded $100 million to support 178 state and local reentry grants to provide a wide range of services and, in late September, awarded another $83 million to 118 new grantees.
  • The Department of Justice has urged state attorney generals to review the legal collateral consequences of their state laws being placed upon ex-offenders that may burden their successful reentry into society. (State and local governments are also taking action. During their 2011 legislative sessions, more than a dozen states tackled sentencing and corrections issues.)
  • The Administration has worked to make certain that local public housing authorities understand Federal law regarding the discretion housing authorities have to allow ex-offenders access to public housing. Research shows that ex-offenders who do not find stable housing in the community are more likely to recidivate than those who do. Studies have also found that the majority of people released from prison intend to return to their families, many of whom live in public or other subsidized housing. Clarifying these rules allowing ex-offenders to rejoin their families is therefore an important part of our overall criminal justice reform efforts. There are only two explicit bans on occupancy: Individuals convicted of manufacturing methamphetamine in public housing and registered sex offenders.

But more still must be done. That is why we are closely examining innovative new programs that show great promise in extending our approach to criminal justice reform and alternatives to incarceration. Here are two that are already showing solid results:

  • The Drug Market Intervention program. This community-based strategy has shown tremendous promise in disrupting open air drug markets by directly engaging drug dealers, their families, and communities by creating clear and predictable sanctions, offering a range of community services including drug treatment, and improving community-police relations. Jurisdictions that have implemented this strategy have experienced decreases in drug crime and other crimes without displacement of the drug market activity into other neighborhoods.
  • Hawaii's HOPE Probation program (Hawaii's Opportunity Probation with Enforcement). This program reduces probation violations by drug offenders and others at high risk of recidivism. Probationers in the program receive swift, predictable, and immediate sanctions - typically resulting in several days in jail - for each detected violation, such as detected drug use or missed appointments with a probation officer. So far, evaluation results indicate the program is highly successful at reducing drug use and crime, even among difficult populations such as meth users and domestic violence offenders.

There is no simple, straightforward fix to America's drug problem. Successfully combating this social challenge and reducing the toll substance abuse takes on our nation requires a broad approach that blends drug treatment, smart law enforcement and effective alternatives to incarceration. With these proven public health and public safety strategies, we can break the vicious cycle of drug use and crime, thereby saving countless lives and taxpayer dollars and helping to make it possible for all Americans to achieve their full potential.

 
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04:54 PM on 12/05/2011
Some compare the War on Drugs to alcohol prohibition, but there is one crucial difference: No one was ever arrested under the Volstead Act for simply drinking -- using -- alcohol. But we arrest hundreds of thousands each year for simply using drugs.
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TomTheSeal
Represent our wishes; best interests are arguable
02:05 PM on 12/05/2011
America's CRIMINAL JUSTICE SYSTEM is, well, criminal; it's more the lawyer debate system.
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01:28 PM on 12/05/2011
All this sounds positive, but it still doesn't address the fact that some adults use drugs recreationally without any consequences whatsoever. Putting minor possession offenders through treatment with a supposed 90% success rate for curing marijuana "addiction" doesn't accomplish as much as you would like to think. It's all good intentions, but still based on the assumption that users are always abusers. We certainly don't have that same stigma with alcohol, although there are many people that do believe that, mostly through religious conviction. I don't feel sorry for the religious people, but I do feel sorry for the people they repress with their beliefs.
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batguano
As Long As Grass Grow, Wind Blow & The Sky Is Blue
11:34 AM on 12/05/2011
I came back to this article/thread to see if the author had the common courtesy to reply (he is the "Communications Director" isn't he?) to some of the thoughtful criticisms of current drug policy, especially the Prohibition against cannabis/marijuana and Industrial Hemp, and the outrageous crack-down on Medicinal Marijuana now being pushed by the Obama administration; he has not, and that is a big part of the problem with "drug" policy - communication and truth.

It is infuriating to year after year hear the same old tired misinformation, pandering, and fear-mongering from those who profit from the marijuana Prohibition and larger WOD's! At least policy could be based on truth rather than who profits, who has a job either enforcing drug laws, or are "communications Directors" who only talk about their own "facts" and point of view, not mountains of contrary evidence! It is time to legalize/de-criminalize Cannabis and change our national direction on drugs to a medical rather than a criminal enforcement basis.
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HUFFPOST SUPER USER
Cris Bessette
10:31 AM on 12/05/2011
One comment about "drug courts". This is supposed to be the more humane, less costly thing to do than jail for drug offenders. While it should be commended for being more beneficial to people and reducing prison populations, there is a problem in that the local governments still make money off of drug offender's fines as well as their belongings that are confiscated.

This in effect is making it easier for police departments to make money off of drug offenders. They are encouraged to not pursue self-defense, but rather take the "slap on the wrist", which is the easier way out for people that cannot afford to defend themselves.
There is no incentive to treat drug issues as health issues, but rather just a "fast track" punishment and fine system.
HUFFPOST SUPER USER
MissTake1989
Equal means equal, hypocrites.
06:21 PM on 12/04/2011
What about this one...

Freedom and responsibility.

Why should the government have the right to tell anyone what they do with their own bodies?
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Mike Parent
LEAP member, NYPD, ret.
04:17 PM on 12/04/2011
"Pay no attention to the man behind the curtain", or in this case the man from 1600 Pennsylvania Ave.! The President is another "Wizard of Oz", smoke and mirrors, no substance and who is based on deception.
Richard Britton
British Socialist Global Realist
11:19 AM on 12/04/2011
evidence based policy making would be nice for a change... doubt it will happen. There is a huge opportunity in legalising cannabis with so many win-win-win benefits
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batguano
As Long As Grass Grow, Wind Blow & The Sky Is Blue
10:30 AM on 12/04/2011
modified

Continued....

The Prohibition has criminalized millions of otherwise law-abiding citizens, cost them their livelihoods, families, savings, all because of the abuses of the war on cannabis by law enforcement that, along with numerous other special interests, profits from continued Prohibition; the increasing militarization of the WOD and marijuana is increasing the abuse and killings of Americans. Some in law-enforcement work to end Prohibition notably LEAP that fights the big-lie, and some remain repeating the big-lie; that is no longer acceptable and the truth is reaching millions who are demanding a final end to cannabis/marijuana IH Prohibition abuses and corrupt utter waste of billions annually.
http://www.leap.cc/cms/index.php

Washington hasn’t the integrity or wise judgment to end Prohibition, they’re mired in the quest for campaign contributions, & corporations, police agencies & others who profit from the Prohibition continue to exert influence to maintain it; we must free ourselves from that MO and call BS on those who perpetuate the big-lie.
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monoloco
"The future ain't what it used to be"
10:08 AM on 12/04/2011
This article is just an ad promoting the current administration's draconian prohibition policies.
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01:33 PM on 12/05/2011
Yes, damage control trying to bring people back to their side of the fence. No doubt they see the direction of the arguments going the other way, with the usual propaganda not working as well.
04:38 PM on 12/05/2011
concur.
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batguano
As Long As Grass Grow, Wind Blow & The Sky Is Blue
08:54 AM on 12/04/2011
Keeping the war on drugs, especially on cannabis/marijuana & Industrial Hemp, in business was due to the ability to fool the people, to foist false information on them, to make them fear; those days are behind us because of the power of the Internet exposing lies & disseminating truth.

The history of the marijuana Prohibition is one of deception and bald-faced lies about one of the most beneficial plants on Earth; it began with commercial interests and big-money power, including the Hearst and DuPont empires, eliminating a threat to their profits; millions have been victims of the big-lie and we have wasted hundreds of billions.
http://www.jackherer.com/thebook/
http://www.jackherer.com/thebook/chapter-four/

The war on marijuana/cannabis and IH took-on a life of its own with many making lucrative careers from the Prohibition, recently big-pharma has joined the list of corporate entities pressuring to keep medicinal cannabis illegal. Cannabis is highly effective in safely treating numerous conditions and diseases, including cancer; in the early ‘70’s the truth was known but suppressed to keep cannabis illegal and the profits flowing for pharmaceutical drug manufacturers; that continues to this day. Cannabis has never killed anyone, unlike dangerous “legal” synthetics produced by big-pharma that kill tens of thousands annually.
http://www.safeaccessnow.org/article.php?id=748
http://www.letfreedomgrow.com/cmu/

continued.......
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AZreb
equal-opportunity Independent heathen
08:15 AM on 12/04/2011
Rehabilitation, education, support are all good - but then on the other hand we have our own government in the form of the DEA, under the auspices of the Department of Justice, money-laundering for the drug cartels.

Check out the article in today's New York Times. Up to $38 BILLION in drug money continues to flow between the US and the Mexican drug cartels - and banks in the US are part of the money-laundering scheme with the DEA, so they are complicit, too.
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Fattonecat
whoops !!
10:56 PM on 12/03/2011
This is fine if you're abusing prescription pills, cocaine, meth, heroin, alcohol. Marijuana should be legalized ASAP !
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wayne the pain
09:56 PM on 12/03/2011
Why is Obama going after medical marijuana in California? This president talks one way and then acts in a totally different way! Example, he used Paul Krugman and Robert Reisch to get elected then dropped them and did everything Robert Rubin, Larry Sommers, and Tim Geithner told him to do! Rubin, Sommers, and Geithner's advice was a 180 degrees opposite of what he had said in the campaign when he was listening to Krugman and Reisch! Was that the plan or is he a weak, roll over, right of center President?
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AlfredE69
Liberty Lovin' Tree Hugger
08:45 AM on 12/04/2011
Simply put, Obama is a status quo politician with little principles.
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monoloco
"The future ain't what it used to be"
10:13 AM on 12/04/2011
Obama's obviously just as much in the pocket of the prison lobby as the last neocon in chief.
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Robert Gudzikowski
free,natural,harmless,individual
09:35 PM on 12/03/2011
America has snake by the tail time to grab the head before it bites everyone!