On drug sentencing, Obama again shows the law is not the law

[CG6468]

Charles Krauthammer / On drug sentencing, Obama again shows the law is not the law
August 17, 2013 12:17 am
 
WASHINGTON -- As a reaction to the crack epidemic of the 1980s, many federal drug laws carry strict mandatory sentences. This has stirred unease in Congress and sparked a bipartisan effort to revise and relax some of the more draconian laws.
Traditionally -- meaning before Barack Obama -- that's how laws were changed: We have a problem, we hold hearings, we find some new arrangement, ratified by Congress and signed by the president.

That was then. On Monday, Attorney General Eric Holder, a liberal in a hurry, ordered all U.S. attorneys to simply stop charging nonviolent, non-gang-related drug defendants with crimes that, while fitting the offense, carry mandatory sentences. Find some lesser, non-triggering charge. How might you do that? Withhold evidence -- e.g., about the amount of dope involved.

In other words, evade the law, by deceiving the court if necessary. "If the companies that I represent in federal criminal cases" did that, said former Deputy Attorney General George Terwilliger, "they could be charged with a felony."

{snip}

That's caudillo talk. That's banana republic stuff. In this country, the president is required to win the consent of Congress first.

At stake is not some constitutional curlicue. At stake is whether the laws are the law. And whether presidents get to write their own.

Krauthammer hits the nail on the head.

[Dori]

Holder and Obama just keep ignoring the laws they don't like and making up the ones they want without the authority.




 

[Elspeth.]

...On Monday, Attorney General Eric Holder, a liberal in a hurry, ordered all U.S. attorneys to simply stop charging nonviolent, non-gang-related drug defendants with crimes that, while fitting the offense, carry mandatory sentences. Find some lesser, non-triggering charge. How might you do that? Withhold evidence -- e.g., about the amount of dope involved.

In other words, evade the law, by deceiving the court if necessary. "If the companies that I represent in federal criminal cases" did that, said former Deputy Attorney General George Terwilliger, "they could be charged with a felony."

This is pretty much what Holder did with "Diversion programs" to "stop the high school to prison pipeline."  The idea was not to arrest young minority kids who committed crimes, but to "find alternatives", like Baker Acting the kids (saying there were mental health issues).  

From Police Chief Magazine:
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2890&issue_id=32013#4


Step 1. The officer quickly assesses regular police issues such as the safety of the area and the medical status of the youth.

Step 2. The officer completes a mental health assessment. This is best when officers are trained and certified in Crisis Intervention Team training. If no certification is available, the officer training for this model covers what needs to be accomplished.

Step 3. If the youth is in crisis or is under the influence of illegal alcohol or drugs, the youth is treated under the Baker Act or taken into protective custody per the Marchman Act.4 This is completed in place of any arrest unless the incident involves a violent act with injuries or a sexual act.5

Step 4. Mobile Crisis Units are called to handle issues that cannot be addressed by law enforcement due to time constraints or policy.

Step 5. If the incident involves an arrestable offense, the officers are instructed on alternatives to this arrest pursuant to state law and through local juvenile state attorney’s office agreements, or the youth is civil cited. The Civil Citation Program is a program that allows for the diversion of misdemeanor arrests to a civil citation, and, once an assigned program is completed, the arrest is nullified giving the youth a chance at a fresh start without a criminal record.6

Step 6. The officer calls a 24/7 phone number to access pertinent information on the youth so that decision making is meeting the best interests of the youth and community.

Step 7. A prevention referral form is completed and faxed to the Juvenile Services Department’s Prevention Initiative, which is designed for any youth 17 years of age and younger who may be experiencing behavior and family difficulties, as well as those at risk of being arrested. The program includes referrals that address issues such as anger management, disruptive behavior, family issues, drug experimentation, substance abuse, poor academic performance, school attendance and truancy, disciplinary problems, runaways, mental health issues, and negative peer association.

Step 8. The school district and school police contact numbers are provided to ensure that all gaps in possible services are filled and that the youth and family receive what is needed to avoid negative future contact with law enforcement.

The Miami-Dade School District has long provided identification services for youth in need, but, until this model, it has not been aware of law enforcement’s efforts to facilitate providing these services as well. Now as a full partner in the Youth Assessment Model, district staff works closely with law enforcement in areas of homelessness, truancy, and other special services.

Miami-Dade was the school district in which Trayvon Martin attended high school.  He had three suspensions from school for arrestable offenses:  graffiti/theft (of jewelry), fighting, and drug possession.  Because of the Diversion Program, Trayvon was never arrested but, instead, given suspensions, while police reports were altered.  "Stolen property" became "found items", for example.  

Of course, this kind of program brought the arrest numbers down (artificially):  http://www.tampabay.com/blogs/gradebook/content/djj-fewer-delinquents-florida-schools


There is now an investigation into the Diversion program in Miami-Dade SPD internal affairs department:

http://www.scribd.com/doc/135692728/Affidavit-From-Commander-Deanna-Fox-Williams

[CG6468]

Jail time and hard time can change a few people. But a street thug is a street thug, is a street thug, is a street thug. Few of those creeps can ever be rehabilitated.