Policies and Prisons
This Blog analyzes current drug policies and related prison realities.
About Me
- Kate Mosher
- The continued imprisonment of non-violent drug offenders is an important issue to take action on because the victims of this policy have lost their rights and cannot take action as a free person. These laws are hard to change because the mulitudes of people who oppose them are often trying to fly under the radar, are imprisoned, are an oppressed population, or have lost their voting rights.
Followers
Best Related Websites for Action or Research
- Bar None prison abolition movement
- Business Hub of Prisons
- Copwatch grassroots organization
- D.E.A.
- Families Against Mandatory Minimums
- Human Rights Watch
- Law Enforcement Against Prohibition
- NORML Marijuana Reform
- Senator Jim Webb
- US Bureau of Justice Statistics
- Vera Institute of Justice
- Women and Prison
Blog Archive
Sunday, May 23, 2010
Obama's Changes to Drug Policy so Far
1. Repeal law that bans federal funding for free needle programs... this prevents the spread of disease and saves taxpayer money on MediCaid spening.
2. Obama has pressed congress to make crack and cocaine posession equal offenses, as cocaine is the base of both drugs... this prevents racist and classist oppression (poor people and minorities are more likely to use crack).
3. He has stopped the DEA from interfering with states that have legalized marijuana... this reduces costs of law enforcement, courts, and federal prisons.
4. He has also proposed a new plan of increasing community drug treatment and prevention programs, a plan that is briefly outlined in the article below:
http://www.washingtontimes.com/news/2010/may/12/obama-outlines-minor-changes-to-anti-drug-policies/
Monday, December 7, 2009
Effects of Labeling and a look at Critical Theory

Sunday, December 6, 2009
33 CA prisons 33 thoughts
http://www.youtube.com/watch?v=w-5byiEu_CA
1) The degree of civilization in a society can be judged by entering its prisons ~ Dostoevsky
2) The United States incarcerates more of its citizens per capita than any other nation in the world
3) 1 in 99 adult US citizens is behind bars
4) 1 in 33 adult US citizens is incarcerated, on probation or on parole
5) The US has 5% of the world's population but 23% of the world's prison population
6) The US cages its citizens at a rate of 751 per 100,000
7) The world average is 125
8) The average of the nations in the European Union is 135
9) Nearly one million of those incarcerated in state and federal prisons, as well as local jails, are serving time for committing non-violent crimes
10) The solution to our drug problem is not in incarceration ~ Barry McCaffrey, former US Drug Czar
11) Since 1980, incarcerated drug offenders have increased more than 1200%
12) More than half of federal prisoners are incarcerated for drug charges
13) “In 2000, the number of persons behind bars for drug offences was roughly the same as the entire US prison and jail population only twenty years earlier.” ~ Beckley Report, King’s College, London
14) “For comparative purposes, it is noteworthy that at the beginning of the Twenty-First century, there were 100,000 more persons imprisoned in the US for drug offences than the total number of prisoners in the EU, even though the EU had 100 million more citizens than the US” ~ Beckley Report, King’s College, London
15) "The drug war is primarily being waged against African American citizens…”~ Justice Policy Institute
16) In 2007 the incarceration rate for white men in the US was 773 per 100,000.
17) The incarceration rate for Hispanic men 1,747 per 100,000.
18) The incarceration rate for black men was 4,618 per 100,000
19) According to the US based Sentencing Project, nearly one in three (32%) of Afro-American men between the ages of 20 and 29 were under criminal justice control in 1995.
20) 1 in 9 black men between the age of 20-34 years old are incarcerated
21) 7% of black kids have parent incarcerated
22) In every year from 1980 to 2007 blacks were arrested for drug crimes at a rates relative to the population that were 2.8 to 5.5 times higher than whites ~ Human Rights Watch
23) 1 in 36 Hispanics over 18+ are incarcerated
24) 1 in 15 Black men over 18+ are incarcerated
25) California has the largest prison system in the US
26) 33 prisons in CA and 170,000 inmates
27) 1 in 5 California prison inmates is serving a life term
28) CA spends 9.66 billion on corrections per year, more than all its colleges and universities
29) Nearly 10 cents of every state $1 goes to CA state prisons
30) We (US or CA?) spend $35,000 per inmate and $9,000 per pupil
31) Between 1980 and 2004, the CA prison system grew from 24,569 to 159,695 inmates (550%)
32) CA is #1 in prison spending and #431 in educational spending
33) A federal three-judge panel has ruled that California is violating the Constitution by not providing adequate care to its prisoners and must release 55,000 inmates
Saturday, November 14, 2009
Adoption and Safe Families Act-A Euphemism
WOMEN: Imagine yourself in a time where you might have been breaking the law in relation to drug use or possession. Maybe you were simply in the presence of someone who was breaking the law. Maybe you didn't know it, but you picked up a hitch-hiker with a kilo of cocaine.
Imagine that you had the worst luck ever, and that you were convicted of a non-violent drug crime and sentenced to two years time.
Unfortunately for you, the "Adoption and Safe Families Act of 1997" (PL 105-89) might mean that you will permanently loose custody of your children.
From www.womenandprison.org :
"...If a child is in foster care for 15 of the past 22 months, the state must move to terminate the parent's rights..."
"...known as ASFA, has made it far more likely that mothers (in prison) of children in foster care will lose their children permanently. ..ASFA makes four important changes to foster care policy at the federal level.
First, it removes the requirement for states to provide reasonable efforts to reunite foster children with their parents under specified circumstances, and it emphasizes that the child's health and safety shall be the paramount concern when providing reasonable efforts.
Second, it hastens the process of permanency planning and court proceedings, and mand
ates reasonable efforts to find a permanent placement for the child in cases when reasonable efforts to reunite the family are not required. Third, it imposes a mandate for states to move to terminate parental rights in certain circumstances, with a shorter timeline for parents to complete services and regain custody or face termination. If a child is in foster care for 15 of the past 22 months, the state must move to terminate the parent's rights except under certain circumstances.
Fourth, it provides financial incentives for states to increase the number of adoptions completed annually. The Act also provides for criminal records checks for prospective foster and adoptive parents, calls for documentation of agency efforts to locate an adoptive or other permanent homes, and promotes resources for cross-jurisdictional adoptions and permanent placements of children across state and county lines. "
The Adoption and SAFE Families Act of 1997 is just another euphemism, like the 'Patriot Act', it's name does not represent the policy.
It should be called the LESS TIME to GET YOUR KID BACK ACT
"Under ASFA, reasonable efforts to preserve and reunify families are not required when a parent has:
- Subjected the child to aggravated circumstances such as abandonment, torture, or abuse
- Committed, or had any criminal accountability in, the murder or manslaughter of a child or the child's other parent, or
- Committed felony assault resulting in serious bodily injury to the child or the other parent."
So, breaking down the loaded language again, the ASFA does not require the state to preserve families when a woman fights back against or kills an abusive husband.
Imagine you are a woman who was convicted of a drug charge because of your husband's involvement in drugs. Now imagine that he is abusive towards you and your children. You finally fight back in order to save your life, or your child's life. You go to jail for assaulting your husband, and when police find drugs at the house you are convicted of more crimes. Ultimately, your child is permanently placed with another family because of the ASFA. You will never see your child again.
We might call this the NO WAY TO GET YOUR KID BACK ACT in this case.
Thursday, November 12, 2009
Accepting that Drugs are Part of the Human Experience
d reality through intense substances like DMT (also reportedly benign).
I have never heard of crime related to these drugs.
Sunday, November 8, 2009
Hemp, the wonder plant and..HEMP HOUSES
In Australia, Ireland and the UK, people are experimenting with building hemp houses.
Hemp is a relative of the Cannabis plant but no matter how much you smoke of it, it will not get you high. This is the ancestor of modern day marijuana.
Hemp is illegal to grow in the USA, but in the old days its use was widespread because it is such an easy to grow and useful crop. In fact, paper, ropes, and sails were usually made out of hemp because it is one of the strongest natural fibers known to man!
One of the best things that could come out of the new legislation to Legalize and Tax Cannabis would be the ability of CA farmers to grow the hemp crop.
This would make California the only state in the country that could grow hemp legally.
We would have a corner on the market, and might improve our economy!
33 STATE PRISONS 170,000 PRISONERS IN CA

Sunday, November 1, 2009
mandatory minimum sentencing
- The enactment of this law was fueled by politics before an election.Tip O’Neill, House Speaker in 1986, was from Boston where Boston Celtic’s Len Bias died of a cocaine overdose. He promoted the Democratic party right before elections with the Anti-Drug Abuse Act.“No hearings were held…No experts…no judges, no one from the Bureau of Prisons, or from any office in the government, provided advise on the idea before it was rushed through the committee and into law…passed a few weeks before the November elections.” Eric Sterling, Esq. for PBS
- This law was not intended to drive up incarceration rates, but it has.“This legislation is not intended as a means of filling our jails with drug users. What we must do as a society is identify those who use drugs, reach out to them, help them quit, and give them the support they need to live right.” President Reagan, 1986
- “More than one in 100 adults in the United States is in jail or prison, an all-time high that is costing state governments nearly $50 billion a year and the federal government $5 billion more, according to a report released yesterday. With more than 2.3 million people behind bars, the United States leads the world in both the number and percentage of residents it incarcerates, leaving far-more-populous China a distant second…” Washington Post 2/29/08
Federal drug sentencing power was taken out of the hands of judges and given to prosecutors. Judges are bound to use the federal sentencing grid. Prosecutors have choice in what evidence they bring against the defendant. - The federal drug sentencing grid is too harsh.“Mandatory minimums are harsh and in many cases unjust. If the hypothetical example of an 18-year-old gets caught growing marijuana in the woods and happens to have a hunting rifle in his truck when arrested, he could face a mandatory minimum sentence of 15 years. Now he shouldn’t be doing that, (but) an 18-yearold doesn’t know how long 15 years is.” Anthony Kennedy, U.S. Supreme Court justice, in Congressional testimony, 2003
Illegal drugs should be viewed in the same light as alcohol, cigarettes, caffeine, and addictive prescription drugs. Some illegal drugs, such as marijuana, are less harmful to the body than alcohol, cigarettes, or pain killers.- Drug use is not a moral issue.
- People should have freedom over their own bodies.
- Personal drug use affects children and communities, but so does incarceration! Which is worse: A child growing up without a parent, or a child growing up with a drug user?
- Drug addiction should be a medical issue, not a legal issue.
- There are many treatment options that are more effective in deterring drug use than incarceration. Incarceration does not significantly prevent or deter drug use. Drug treatment programs and diversion are effective and more cost-efficient. (O’Callaghan, Sonderegger, & Klag, 2004)
- MANY PEOPLE LIKE DRUGS! We don’t have enough prison space for all of them!“In 2006, almost 40% of young people age 18–20, about one-third of 21–25 year-olds, and one-quarter of 26–29 year-olds reported using an illicit drug in the past year.” Center for Disease Control Study
- “112 million Americans age 12 or older (45% of the population) reported illicit drug use at least once in their lifetime.” Bureau of Justice: 2006
Saturday, October 31, 2009
Drug War Clock
Over-achieving Criminals


Initiative for 2010 to Legalize Pot in CA

Monday, October 26, 2009
Go Senator Jim Webb!!
To get an idea of what he is up to in an easy-read... look at this article in Parade, the mini magazine insert that goes in Sunday papers around the country.
http://webb.senate.gov/email/incardocs/parade_jimwebb.pdf
He introduced The National Criminal Justice Commission Act of 2009 in the Senate on March 26, 2009 .
He has created the "Blue Ribbon Commission", an 18 month program to address the inequalities, injustices, poor budgeting, and all of the other problems surrounding our current criminal justice and prison system.
http://webb.senate.gov/email/incardocs/FactSheeti.pdf
Exerpt:
"Why We Urgently Need this Legislation:
With 5% of the world's population, our country now houses 25% of the world's reported prisoners.
Incarcerated drug offenders have soared 1200% since 1980.
Four times as many mentally ill people are in prisons than in mental health hospitals.
Approximately 1 million gang members reside in the U.S., many of them foreign-based; and Mexican cartels operate in 230+ communities across the country.
Post-incarceration re-entry programs are haphazard and often nonexistent, undermining public safety and making it extremely difficult for ex-offenders to become full, contributing members of society. "
If video is more your thing, here is a quick overview of Webb's project on YouTube!
http://www.youtube.com/watch?v=8WRc8LPMe4I Check it out! This is exciting!
LEAP
Thursday, October 15, 2009
Criminalizing Poverty
They CAN'T AFFORD LAWYERS
They get TARGETED in their NEIGHBORHOODS
They CAN'T REBOUND from FINES
They CAN'T POST BAIL
The incarcerated poor are often MINORITIES
They are OFTEN MENTALLY ILL and UNINSURED
When they get out, they are FOREVER ENTANGLED in the SYSTEM
Below I have outlined the highlights from:
October 13, 2009: “Criminalizing” Poverty, By Tracy Velázquez, Executive Director, Justice Policy Institute
http://spotlightonpoverty.org/ExclusiveCommentary.aspx?id=5f13e0fe-a47d-4ce4-a945-187fc331e81d
How Public Policies Result in the Over-Incarceration of Low-Income Communities in America
NEIGHBORHOODS:
"America over-polices the poor. It makes sense that places with more crime would have a stronger police presence than communities with less. However, more policing in low-income areas results in more arrests and incarceration for offenses that would likely be handled informally or not at all in another neighborhood. "
RACE
"...component of over-policing is race... between January 2006 and September 2007, “random” frisks by New York City police included 453,042 blacks and only 94,530 whites. However, with race and income so closely intertwined, it is often difficult to separate the two. And the result is still that low-income individuals are more often the target of police attention, which means more are arrested and move deeper into the criminal justice system."
REPRESENTATION
".. However, individuals of lower income generally don’t choose their lawyer; one is assigned by the court. Or one should be, anyway; unfortunately, over one in four people in jail charged with misdemeanor offenses reported not having been represented by counsel. ..many work in conditions they describe as “assembly line justice.” ... many public defenders have barely met their client before they have to go into court and defend them... People who can afford a private attorney are less likely to go to state prison. "
BAIL
".. generally the same people who can’t afford to post bond. .. Currently, more than 60 percent of people in jails across the country have not been convicted of any offense. The inability to post bond not only makes it harder for people accused of crimes to meet with their lawyer and talk to people who might be able to aid in their defense, it also makes it harder to hold down their job and maintain custody of their children—even though they are still considered innocent. "
MENTAL ILLNESS
"Adult and juvenile correctional facilities are now among the country’s largest providers of mental health care...the Los Angeles County Jail is now the largest mental health facility in the country ...The manifestations of untreated mental illness often lead to behaviors that draw the attention of police—public order offenses that often accompany homelessness, crises that cause law enforcement to intervene, and “self-medicating” with alcohol and illegal drugs. "
RELEASE
"Currently, one in 31 people in the United States is under correctional supervision—whether in prison or jail, or on parole or probation. And millions more have a felony record that will never be erased, creating hardships for those trying to regain their lives and be a productive member of their community. ...people leaving prison...vulnerable to homelessness, often banned from federal housing... and lack the funds to afford available housing. Often, the obligations of parole fees and years of child support that went unpaid during their period of incarceration make it almost impossible to become economically successful.
"Policymakers continue to incarcerate millions of people, most of whom would not be in the system if there were more adequate resources in their communities. How can this situation be addressed, so that poverty and prison aren’t inevitably intertwined?"
Friday, October 9, 2009
Does it change people and prevent crime?
Is punishment an effective way to change people's behavior?
I recently read "On the Effectiveness of Prison as Punishment" by Stuart Henry, Ph.D. from http://www.is.wayne.edu/stuarthenry/Effectiveness_of_Punishment.htm
This is what I learned:
"Psychological research on punishment in has shown that mild punishment can be effective in changing behavior, but the evidence is less clear about the effectiveness of severe punishment. Effectiveness of punishment is increased by:
1. Frequency of application
2. Immediacy of application
3. Punishment used in conjunction with positive reinforcement of pro-social behavior
However, punishment, especially in its severe form has several negative effects:
1. Avoidance or escape
2. Alienation of those punished, to the point of inaction
3. Aggressiveness, both targeted and generalized, by those punished
4. Conditioning of the punishers through rewarding them for behavioral change
5. Reproducing punishment behavior in those punished"
Looking at the incarceration of drug offenders, punishment is not a good strategy to use according to this research. First, punishment for the crime is not frequent, immediate, or used along with positive reinforcement for desired behaviors. Also, punishment promotes a gap between offenders and society in the forms of alienation, avoidance, and resentment.
Thursday, October 1, 2009
Booming Business: PRIVATE PRISONS
First, let me suggest...
Go to Google Videos to see:
NOW on PBS 419 Prisons for Profit
According to a NY Times article in 1995 private prisons housed 2% of the prison population and business was booming.http://www.nytimes.com/1995/08/12/nyregion/despite-setbacks-a-boom-in-private-prison-business.html
In this article, it was wisely noted that PEOPLE WHO RUN PRISONS SHOULD WANT TO EMPTY THEM, BUT PEOPLE WHO ARE PROFITTING FROM PRISONS NEED TO KEEP THEM FULL.
NOW, according to a 2008 report by the DOJ, an additional 5% of the prison population is housed in private facilities, or 7% of the 1.5 million in prison. http://www.ojp.usdoj.gov/nij/journals/259/prison-privatization.htm
The Forbes website, a magazine about money, has a great article from which I will highlight a few quotes:
"The prison industry has a perverse incentive to keep the inmate population growing...."
"Federal and state governments spend more than $35 billion a year to lock up a greater portion of the population--one out of 138 Americans--than any other country on earth."
"Where are the financial incentives for prisons to properly perform their rehabilitative function?If anything, the captains of the incarceration industry have a perverse incentive to rehabilitate as few people as possible and keep business booming."
"...the system is so broken that the very people we entrust to rehabilitate prisoners actually profit from prolonged prisoner stays and quick prisoner returns."
"...the correctional officers union in California. This union has become one of the state's top political contributors. It has pushed not just for higher wages but for tougher laws and longer sentences."
"We now have a system that is divorced from its original purpose, which is to ensure neighborhood security, not job security."
"California spends $7.4 billion a year on prisons, more than on all its four-year colleges and universities combined. Nearly a dime out of every state dollar goes into California prisons, which house 170,000 inmates."
"How can we justify continuing to spend $40,000 to $100,000 annually per inmate in neighborhoods where we spend less than $9,000 per pupil?"
"If a community-based program can do a better job at keeping people out of prison with dimes than incarcerators have been doing with dollars, let's reallocate those funds."
AMEN to that!!
Saturday, September 26, 2009
Drug Offenses in the Bush Family

Within a five minute google search of case law I found that a man named Leon Wiley was sentenced to 10 years for possession of 1.6 grams of watered down coke, or crack--which is simply cocaine and baking soda cooked together.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mo&vol=/appeals/082002/&invol=4080602_2002
LESSON: THERE IS NO CONSISTENCY OR JUSTICE IN OUR DRUG LAWS. IT'S ALL ABOUT WHO YOU ARE, WHO YOU KNOW, WHAT COLOR YOUR SKIN IS, and WHAT KIND OF LAWYER YOU CAN AFFORD
Thursday, September 17, 2009
Women in Prison for Drug Crimes

*1997 incarceration cost:$26,000 per year
"Researchers
consistently have found high levels of past
and current physical and emotional abuse in
the lives of women drug abusers."
At least 65% of women in prison have a child.
Isn't the damage done to the child more criminal than the crime done by the mother???
Friday, September 11, 2009
NY Times and WA Post
http://www.nytimes.com/2008/04/23/world/americas/23iht-23prison.12253738.html
http://www.washingtonpost.com/wp-dyn/content/story/2008/02/28/ST2008022803016.html
We had 2.3 million people imprisoned at the time these articles were written.
This number consitutes a fourth of the world's prison population!
Other interesting statistics cited:
*One in 9 black men are in jail between the ages of 20 to 34.
*751 for every 100,000 Americans (all ages) are incarcerated versus 151 in 100,000 for England.
*Prisoners cost citizens $55 billion a year... what is that?
55,000,000,000 divided by 300,000,000 is about $183 that every man woman and child in the US pays to keep people in prison. That doesn't include parole or probation or policing efforts or the impact of lost workers in the community.
The Bureau of Justice Statistics website is a great place to find reports regarding prison rates.
"Prison and Jail Inmates at Midyear 2002" can be found online at: http://www.ojp.usdoj.gov/bjs/abstract/pjim02.htm
Monday, August 31, 2009
Drugs are bad...m'kay?
Everyone has decided that drugs are bad. Why are they bad? They are bad because people use them. What happens that is bad when drugs are used? I think the general consensus is that: People are lazy, go crazy, or turn to the dark side.
I think that these are some of the commonly held beliefs out there:
Pot is bad because people are lazy or become forgetful or stupid.
Hard drugs like cocaine and heroin are bad because people lose their minds and commit crimes like prostitution, robbery, and murder in order to get more drugs.
Exstacy is bad because it will make you party too much and have sex with people.
Meth is bad because it makes you unhealthy and crazy.
All illegal drug users are neglectful to their families and communities.
My question is, why do we care what someone does to their own body or to their own life?
Ideas:
1. We care because drug abusers cost us money.
2. We care because drug users are a threat to our safety.
3. We won't allow people to do damage to themself.
4. We care because it is hedonistic.
Idea #1 can't be right, because we gladly spend half of the federal prison budget and a third of the state budget on incarcerating drug offenders. Each prisoner costs us between 20 to 40 thousand dollars a year, depending on the facility.
Idea #2 has some merit. Just like drunk people, people that are high often make poor decisions. However, most of the threat is created by the illegal nature of drugs. Any time there is a black market for something, there is the associated violence that comes with it. I do believe that some people are so unfamiliar with drugs that they are terrified of people that use them and would prefer to have these people behind bars.
Idea #3 is strange to me. Why can't adults decide for themselves what they want to do or what kind of life they want to live? This idea seems wrong. Smoking is legal, alcohol is legal, Burger King is legal... obviously we don't regulate the other ways that people can kill themself.
Idea #4 Could the idea that pleasure seeking is wrong play into our policies on drugs? Our Christian roots might influence our laws. Sex for pleasure is wrong. Lust is wrong. Greed, sloth, gluttony... these are sins. Drug use for the purpose of selfish pleasure seems to fit nicely in that SIN category.
Conclusion:I think that ideas of right and wrong and morals get intertwined with drug policy. This doesn't seem right in a country that promotes free thinking and freedom of religion.

