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46,000 to 100,000 people are currently serving time for crimes that they did not commit
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No Justice No Peace
Why the racial disparity in marijuana arrests?
By Claudine Ewin, WGRZ
When it comes to marijuana possession in the City of Buffalo, it's clear there is a racial disparity in who is arrested.
"18% of the population of Erie County are people of color, but they made up 76% of the arrests for marijuana possession," according to the Partnership for Public Good.
"In Buffalo about 80% of marijuana arrests are African American" said Rebecca Town, a public defender for the Legal Aid Bureau in Buffalo. She is in City Court daily and sees the faces of those going before judges. "If I get a White client who has been arrested for marijuana, usually they've been a little more blatant in the use of marijuana, they might have been smoking in public at a park, or a concert."
Andrea Ó Súilleabháin, Deputy Director for the Partnership for the Public Good, backs up the reason to legalize recreational marijuana. "We believe that regulating and legalizing marijuana and having it be a substance that's out there in a similar way to alcohol where it's legal for people 21 and over it's actually highly restricted for those who are not, would improve public safety, would restrict access to marijuana for minors and youth, and would actually save public money because we wouldn't be wasting as many dollars as we are on arresting people for simple possession and moving them through the criminal justice system."
According to the Partnership for Public Good, in Erie County from 2012-2016, nearly 2,700 people were arrested for simple low level possession of marijuana. 2,100 of them were in the City of Buffalo.
New York State Assemblywoman Crystal Peoples-Stokes calls it "madness," but she's not just talking she's pushing for action. There's a proposal in the New York State Legislature to deal with people caught with a small amount of marijuana. "I think marijuana should be legalized, taxed and regulated in the state of New York."
Assemblywoman Crystal Peoples Stokes wants to end the marijuana prohibition, even seal records for prior marijuana arrests. "I'm not the person who thinks people should use marijuana, but I know that they do and because they do, they're going to go to where it is legal. Quite frankly those are dollars that are walking out the door."
In 1977 New York State decriminalized the use of marijuana. You can have 25 grams or under for your personal use right now. "The thing is you can't have it in public. It can't be in public view.
There's this loophole in the law that allows folks to be arrested if they get stopped and asked to empty their pockets."
For the Assemblywoman, it's a social justice issue. "If you think about the mass incarceration of black and brown people based on marijuana arrests alone and the number of their families and children that have been destroyed putting them through a court system where they have done nothing violent, these are non-violent crimes. Children are in foster care, families are separated, communities are destroyed. All of that costs a lot of money," said Peoples-Stokes.
Sherman Webb-Middlebrooks is an Open Society Fellow who was arrested in the past for a low level marijuana charge. He ended up in the Erie County Holding Center thinking "why am I sitting in the same room with murderers, rapists, thieves, drug dealers," for a little bit of weed.
The impact of the arrest can alter a person's life forever. "Being unable to get financial aid to further their education because they might have slipped up and sold some weed back in the day, but didn't hurt anybody," according to Webb-Middlebrooks.
Governor Andrew Cuomo wants a feasibility study to examine legalizing marijuana for recreational use. It could be a game-changer when it comes to people being arrested and ending the racial disparity.
An Emerson College poll found that legalizing and taxing marijuana was favorable to 60% of Voters as a way to erase New York's budget deficit.
Ó Súilleabháin said, "it would take the profit from the new marijuana industry and reinvest it into communities that were most effected by the war on drugs."
Here's how it would be broken down:
25% of proceeds and tax revenues would be invested into education.
25% into drug treatment and addiction programs
50% into local initiatives through small grants that improve the health and well being and education opportunities in communities effected by racial disparity enforcement.
Kids Escaping Drugs is against legalizing marijuana. Jodie Altman said their young clients have told them that they "started with marijuana, alcohol and nicotine. 27 years later kids are shooting heroin and using pills, and using meth and everything else. They will tell you, that's where they started when the marijuana didn't do it anymore for them then they progressed on. To me that says it's a gateway and in terms of legalizing it, why would we do that."
What is not disputed is the racial disparity and the underground economy of selling marijuana that police will tell you leads to violence.
© 2018 WGRZ
It's not just Ferguson: America's criminal justice system is racist
By Ezra Klein
The statement from the Ferguson Police Department is calm and matter-of-fact. "We only ask that any groups wishing to assemble in prayer or in protest do so only during daylight hours in an organized and respectful manner. We further ask all those wishing to demonstrate or assemble disperse well before the evening hours to ensure the safety of the participants and the safety of the community."
It's the "only" that shocks. We only ask that the First Amendment cease to exist at sunset. You suspend your right to protest, and we'll assure your safety. And if you don't? Well, that's left unsaid.
Earlier this year, the American Civil Liberties Union tried to produce a comprehensive report on the militarization of America's police forces. But they couldn't. "The militarization of policing in the United States has occurred with almost no public oversight," they concluded. "Not a single law enforcement agency in this investigation provided records containing all of the information that the ACLU believes is necessary to undertake a thorough examination of police militarization. Some agencies provided records that were nearly totally lacking in important information. Agencies that monitor and provide oversight over the militarization of policing are virtually nonexistent."
The people charged with protecting us are afraid of what will happen if we know what they're doing.
But the ACLU did discover something worth knowing: after aggregating the reports and data on SWAT raids they could find, they found that the militarized police operations were overwhelmingly aimed at minorities. "Overall, 42 percent of people impacted by a SWAT deployment to execute a search warrant were Black and 12 percent were Latino. This means that of the people impacted by deployments for warrants, at least 54 percent were minorities." (For comparison, 72 percent of Americans identified as white in 2010.) The feel of the police presence is much more militarized in minority communities than white communities.
There was a time when crime drove American politics. It was a top issue in 1984, and 1988, and 1992. The infamous Willie Horton ad was about race, but it was also about crime. The crack epidemic was ongoing, and murders were rising, and people were afraid.
Washington's answer was cops, prisons and harsher sentencing rules.
Today, the crack epidemic is over, the murder rate has fallen, and Americans feel much safer. But cops, prisons and sentencing rules are coming back as an issue. This time, though, they're not seen as the answer. This time they're the problem.
There is no reason to be subtle on this point: the American criminal justice system is racist.
White and black people are similarly likely to use drugs, but black people are 3.6 times likelier to be arrested for drug use than white people — a disparity that has grown much worse in recent years. That's because America's criminal justice system is racist.
Until 2010, triggering the mandatory 5-year sentence for cocaine, which is used more often in the white community, required possession of 100 times as much of the drug as for crack, which is used more heavily in the black community. After the 2010 reforms, the disparity was brought down to a (still huge) 18:1. That's because America's criminal justice system is racist.
Prison sentences for black men tend to be almost 20 percent longer than prison sentences for white men who commit similar crimes. That gap actually widened after 2005, when the Supreme Court gave judges more control over sentencing. That's because the criminal justice system is racist.
The result is that more than 60 percent of the people in prison are minorities. The Sentencing Project estimates that among black males in their 30s, more than one in 10 is in prison on any given day. That's because our criminal justice system is racist.
New York's stop-and-frisk program gave police the power to stop people on the street for essentially no reason. More than 80 percent of those stopped were black or Latino (and 88 percent of those stopped were not charged with any crime). That's because our criminal justice system is racist.
African Americans are often hugely underrepresented on police forces. In Ferguson, MO, for instance, the city is 67 percent black, but just three of its 53 police officers are. Incidents of excessive force are commonplace, and increasingly, there's a list of young black men who have died for no other reason than that they ran into a police officer at the wrong time and in the wrong way. The result, as UCLA's Darnell Hunt says, is that "there's a standoff attitude between police and the communities."
Something very dangerous has happened here: we have let the people and the system that's supposed to protect our communities become a threat to some of them.
They told this DEA agent not to enforce drug laws in white areas