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Over hundreds of years, the imposition of the death penalty for
capital crimes has been debated by many societies.
Much of the basis for acts of retribution by society and the
authorities stems from the Code (laws) of Hammurabi in the days of Mesopotamia,
1795-1750 BC. Hammurabi, a king of Babylon, combined astute diplomacy and
military leadership. These laws were the first written code of laws in human
history. Out of the hundreds of laws, one law stands out in everyday
conversation, “An eye for an eye, and a tooth for a tooth.” This law is often
referred to as Hammurabi’s Law. The specific text of this law is:
“If a man put out the eye of another man, his eye shall be put out.”
The law that followed that law is very similar in concept, “If
he break another man’s bone, his bone shall be broken.” Many of these
laws carried over into more modern laws including Hebrew law.
Down through the ages, man has attempted more devious forms
of carrying out the death penalty generally used as a deterrent to perpetrators
or to simply control the people. In the days of the Roman Empire, nailing men
to a cross (crucifixion) was seen as an especially cruel form of punishment. It
often took the accused 2 to 3 days to die. In the middle ages, under the
watchful eye of the Inquisition, a Roman Catholic tribunal for the discovery
and punishment of heresy, barbarous methods were employed, including drawing
and quartering, the rack (which literally stretched the victim and popped all
of the joints in the legs and arms) and burning at the stake. In later years in
many countries, the authorities turned these events into circus-like events
with thousands watching the festivities clutching picnic baskets.
Over the last few hundred years, sickened by the gore associated
with these barbarous methods, various more humane methods of execution were
attempted including hanging, then the guillotine, the electric chair, gassing,
and finally lethal injection, supposedly the most pain-free method of
execution. There are very strong opinions as to the merit of capital
punishment, with many people fanatically opposed to any form of capital
punishment. Even the Supreme Court ruled that it was in direct violation of the
Constitution, supporting the argument that it was “cruel and unusual
punishment.” However, since capital
punishment was abolished in the 1970’s by this court action, many states have
reinstated capital punishment by the will of the people.
The question must then be asked, “By punishing an
individual, what message are we attempting to send to the populace?” Is the purpose of punishment to extract
retribution from the accused, or is the purpose to act as a deterrent to other
individuals who may be considering a similar crime? Criminologists have argued that very point for hundreds of years.
The anti-capital punishment advocates argue that especially
heinous murderers should be locked up with no chance of parole. But how many
times have we witnessed errors within the prison system where these very people
have been released on parole after serving 10 to 20 years, whether by error or
by the oft quoted “bleeding heart liberals” stating that he or she is a changed
person? And there is ample documented
evidence that these same people have murdered again. Many people want to know why their tax dollars should be used to
provide housing, food and medical care for convicted murderers at an average
cost of between $50 and $100 per day. If these people are executed within say a
maximum of one year after their conviction, which should be ample time to hear
any appeals, would not the people save the expense of their incarceration,
instead of the 10 to 15 years it takes now to finally put the prisoner to death
because of very expensive and laborious (and mostly empty) appeals year after
year? The anti-capital punishment
people have a gem of an answer for that one, too. According to most prison
system authorities, it costs more than $1 million to execute a prisoner. Hence,
it’s cheaper to keep the sorry excuse for a human being alive. Therein lies one
of the many problems within the judicial system. How can it cost $1
million? Suppose we took an extreme
view of capital punishment and adopted the method of capital punishment used in
a number of Asian countries wherein the prisoner is shot in the back of the
head the day after conviction. China,
which executes more criminals than the rest of the world combined, has recently
experimented with lethal injections no doubt to court world opinion. The precise
number of people executed in China is not reported. Estimates range from 5,000
to 10,000 a year, many for murder, but they have also been killed for
corruption and crimes as minor as pinching women.
Capital punishment detractors claim that capital punishment
does not act as a deterrent, as interviews with many prisoners on death row
have substantiated their claims that the penalty of death would not have
stopped many murderers from perpetrating their acts of violence. In the last 20
years, there have been over 450,000 homicides in this country with about 750
inmate executions. With this proportion, how can anyone make a statement as to
the effectiveness or ineffectiveness of the death penalty?
Since the death penalty was restored in California in 1978,
death row has held 641 condemned inmates, with a miniscule total of 10
executions. During that period, 12 committed suicide, 3 were killed by other
inmates, and 38 have died of other causes. The average length of time inmates
are on death row is 16 years, 1 month. How can this possibly be construed as a
deterrent? Something is drastically
wrong with the entire legal mechanism.
I often wonder, however, how many people who might have considered murdering another human being changed their mind after recognizing what their own fate would be if they were caught and convicted? I can assure you no one has statistics on that possibility, and it may be significant.
Stanley “Tookie” Williams, the convicted mass murderer in California, was front page news across the country in December, 2005, prior to his execution, with people who are adamantly opposed to the death penalty campaigning to have his death sentence commuted to life in prison, for they claimed he had turned his life around during the 16 years he existed on Death Row after murdering four people in two separate robberies.
Now there never has been even the slightest suggestion that the man was not guilty. Death penalty detractors couldn’t claim that the public defender poorly represented him or he was convicted because he was black. As evidence of how distorted political thinking (read liberal) has become, after he was declared dead, a number of supporters shouted in unison: "The state of California just killed an innocent man," as they walked out of the death chamber. These same supporters announced that they would give him a funeral “befitting a statesman” and 2,000 people showed up for his funeral. Why not petition the Vatican for sainthood while you’re at it? Wake up and smell the roses, you pathetic losers. What happened to common sense? It’s time to re-examine your deranged thinking so hopefully you can still get a life! If you need a cause in which to channel your distorted sensibilities, why not devote your energies and monies to find some way to help the 6,000 people who die every day in third world countries of AIDS (Acquired Immune-Deficiency Syndrome). According to UNICEF, one child dies of AIDS every 15 minutes in Zimbabwe. Doesn’t the appeal of winning a Nobel Prize by finding a cure for AIDS seem much more worthy than infuriating rational Americans?
The case became the state's highest-profile execution in decades. Hollywood stars and capital punishment foes argued that Williams' sentence should be commuted to life in prison because he had made amends by writing children's books about the dangers of gangs and violence, ignoring the first 8 to 9 years of his incarceration in which he caused innumerable problems for his jailers. He likely finally straightened out his act when his lawyers told him his appeals were running out.
In the days leading up to the execution, state and federal courts refused to reopen his case. Gov. Arnold Schwarzenegger denied Williams' request for clemency, suggesting that his supposed change of heart was not genuine because he had not shown any real remorse for the killings committed by the Crips gang. One way he could have shown remorse is just say, “I am so sorry I killed those people.” And don’t waste my time with stories about how the murderer is not responsible for his or her actions because he or she was deprived of potty training in his or her youth. We are all responsible for our actions as adults.
One voice of reason who managed to muffle the ravings of the anti-capital punishment zealots was Jonah Goldberg of the Los Angeles Times, who said: “So here is what I think could be the foundation of a true teaching moment for the anti-death penalty community. One of the main reasons its sermons don't resonate beyond the choir isn't that Americans are consumed with racist bloodlust or yearnings for vengeance. It isn't even because all death penalty supporters are unshakably convinced of the rightness of their position. It's because the anti-capital punishment crowd has lost all credibility.”
One significant element in this debate is that the people
of California spoke as a majority when they reinstated the death penalty
primarily to execute “animals” who commit heinous crimes. But more importantly, the fundamental
problem that seems to escape the mainstream press’s attention is how did our
disingenuous legal system let this man exist for 16 years on death row at great
taxpayer expense, which permitted him ample time to find (at least
cosmetically) a new personality? Let’s
keep things in perspective. While
hundreds of millions of dollars are wasted (yes, wasted) on trivial and often
absurd legal issues to make absolutely, finitely sure that an innocent inmate
is not executed by the bloodthirsty state, we couldn’t afford flak jackets or
armor for Humvees for our troops in Iraq and Afghanistan, or how about the fact
that medical errors are the eighth leading cause of death in the United States
with 50,000+ deaths annually. Why don’t
you focus on correcting those problems?
The American Civil
Liberties Union (ACLU) has long been against the death penalty, and they offer
some compelling evidence:
1. “Innocent
people are being sentenced to death. In the past 30 years, 114 inmates were found to be innocent
and released from death row. The most recent exonerated inmate is Gordon
Randall Steidl who is the 18th person exonerated in Illinois since 1987.
2. Almost
all people on death row could not afford to hire an attorney. The quality of legal
representation is a better predictor of whether or not someone will be
sentenced to death than the facts of the crime.
3. Race
often plays a role in
determining a capital sentence. Over 80% of capital cases involve white
victims, even though nationally, only 50% of murder victims are white.
4. Where
a death sentence is sought
often determines whether a defendant is sentenced to death more than the
circumstances of the crime.
5. Juvenile
offenders (16 and 17 years old) are sentenced to death and executed in the U.S.
even though kids are not
given the same responsibilities of adults. They are not old enough to vote,
serve in the military, get married, or buy cigarettes or alcohol, but they are
old enough to be executed. The U.S. is one of three countries that still
executes juvenile offenders.”
In defense of the ACLU’s position, a review of previous
capital punishment cases over the last hundred years or so prove that
minorities received the death penalty in a disproportionate percentage, as they
were usually represented by some novice Public Defender fresh out of law school
who was overburdened with volumes of cases. It has also been proven in recent
years that wealthy accused murderers who can afford a “Dream Team” often “beat
the rap” as in the murder case of O.J. Simpson even though the evidence for
conviction was virtually undeniable. In a subsequent civil lawsuit, Simpson was
convicted of violating the civil rights of the victims (via the murders) and
ordered to pay restitution, the highest penalty that could be invoked in a
civil case.
Recently, a number of capital punishment cases, which
usually involved minorities, have been overturned by re-examination or by the
introduction of DNA (Deoxyribonucleic
Acid) evidence. DNA, which has revolutionized criminal prosecution,
uniquely identifies an individual in much the same way as fingerprints, except
DNA can be present in a human hair, saliva or even semen (in the case of a rape
victim).
Now if you have strong religious convictions and adhere to
the teachings of the Ten Commandments, you will follow the 6Th
Commandment, Verse 13 that states, “Thou Shalt Not Kill,” and likely be
vehemently opposed to the death penalty.
I suspect that another major reason Americans have a problem
with the death penalty, other than religious convictions, is the proof that too
many innocent people have been condemned using faulty evidence. However, with
the rapidly evolving ability to process DNA, some of the ACLU’s arguments
become moot for future trials and convictions.
When many anti-capital punishment advocates are unable to
convince the population of a state that capital punishment via lethal injection
is barbaric, they turn to any means to try and halt future executions.
Take the case of one Edward L. Harper, who was executed in
Kentucky in 1999. Based on the autopsy of Mr. Harper, advocates claim he was
tortured to death. They allege that the drug “cocktail” of three drugs to first
make him unconscious, then paralyze his muscles, then stop his heart, did not
work properly.
I have a hard time feeling any degree of remorse for viscous
murderers of his ilk. I don’t think I care if he suffered somewhat. Maybe that
should be his penalty. Let us not forget that if they fire a bullet into the
back of the murderer’s head, all of those “torture” issues go up in smoke. Why
are the victims rarely mentioned in these cases? Many of these murders involved heinous acts of torture often for
hours before the victim’s death. We have our priorities all screwed up. Why are
we so worried about the poor inmate when we should be focusing on the victims
suffering? I cannot believe that
lawyer’s literally volunteer thousands of hours protecting the rights of
rightfully convicted killers, when there are so many other victims of
crime that we should be helping instead.
As I pen this book, the Supreme Court justices sided with a
convicted Alabama death row inmate, David Larry Nelson, whose lawyers claim his
veins are so damaged from drug abuse that executioners might have to cut deeply
into his flesh to administer the deadly drugs. In filings with the court by
physician experts, justices were told that if done improperly, the procedure
could cause Nelson to hemorrhage badly and suffer heart problems before the
drug cocktail could kill him. Here is a prime case of the insanity gripping our
nation. Am I supposed to feel great sorrow for this mass murderer? He might need an incision made in his skin –
this is cruel and unusual punishment?
In numerous states the people have spoken. They strongly believe in the
death penalty whether they consider it as an act of retribution or as a warning
to other potential killers.
There was no discussion about
whom he killed or how gruesome the murders may have been in the justice’s
opinion, so I looked it up. The following summarizes the case against this
convicted killer.
“David Larry Nelson
was convicted of killing James Dewey Cash and Wilson Thompson on …December 31,
1978. He was sentenced to die for a slaying during a New Year’s crime spree 25
years ago. Nelson was scheduled to die …at Holman Prison in Atmore. Court
records show the 58-year-old Nelson was sentenced to die for the 1978 shooting
death of Wilson W. Thompson in Kimberly. Thompson was fatally shot in the head…His
girlfriend was also shot, but recovered from her injuries. Nelson was also
convicted and sentenced to life in prison without parole for the fatal shooting
the night before of …cab driver James Cash. Nelson, 58, had been sentenced to
die for the shooting death of Wilson Thompson while Thompson was with Nelson’s
girlfriend. …Nelson has been tried twice and had four sentencing hearings in
what has been one of the longest death penalty appeals in Alabama. The Supreme
Court said the stay will be lifted if the court later decides not to hear
Nelson’s full appeal. Nelson once told a jury and a judge that he wanted to be
executed. But when he was scheduled for execution in 1996, he received a stay
because of a physician’s statement that he could be a kidney donor for a
seriously ill brother. The operation did not take place.”
Note that Nelson committed the
murders in 1978, over 25 years ago. Why is this man still languishing on death
row enjoying three meals a day and healthcare that many of us would envy? This man does not deserve to breath the same
air as law-abiding citizens.
Lawyers spend thousands of hours submitting petitions on
behalf of many butchers, while 25,000 people die on the roads and hundreds die
in the military due to “friendly fire” incidents or sheer incompetence. Why are
you not exerting your efforts on behalf of road safety or prosecuting military
superiors for incompetence and/or murder?
Additional information can be acquired both pro and con on
capital punishment. Some of the Internet sites offering pertinent information
are found below:
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Pro-Death Penalty.com |
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American
Civil Liberties Union (ACLU) |
As of June 2003, 2,078,570 people were incarcerated in
Federal and state prisons or local jails. The number of women under the jurisdiction
of state or Federal prison authorities reached 100,102.
Comparing the United States jailbird population with the
rest of the civilized world is rather startling. According to the Drug War
Chronicle (stopthedrugwar.com):
·
There were an
estimated 718 prison inmates per 100,000 U.S. residents.
·
Russia’s rate
(a country renowned for its violent history) has 584 per 100,000 population.
·
England’s rate
is 143, Canada’s rate is 116, Germany’s rate is 96, and Japan’s rate is 54 per
100,000 population.
Statistics on the ethnic makeup of
prisoners are equally startling:
·
There were 4,834 African-American male prisoners per
100,000 African-American males, 1,778 Hispanic male inmates per 100,000
Hispanic males, and 681 white male inmates per 100,000 male inmates in the
United States in prison
·
One-half of the 170,000 prisoners added to the system
in 2003 were directly related to drug offenses
·
Nine out of
every ten inmates were adult males. However, the number of adult females in jail
has increased faster than male adults
·
African-Americans
were two times more likely than Hispanics and five times more likely than
whites to be in jail
·
Between 1990
and 2003, the number of white and Hispanic jail inmates increased at the same
average annual rate. The number of African-American inmates increased at a slower pace.
Considering the disproportionate
number of African-Americans in jail in comparison to the number of whites, the
question needs to be asked, “Are the police focusing on prosecuting the
African-American population, or does the African-American culture somehow lend
many of its people to a life of crime?”
Depending on whom you talk to, it’s likely a combination of both
factors.
In an effort to reduce the maintenance costs associated with
housing, feeding and healthcare issues with their prison population, many local
governments are now billing inmates for their stay. Billing rates vary from $8
to $55 per day depending on locale.
There are significant pros and cons on this issue. On the
positive side, billing inmates helps defer the costs of housing; while on the
negative side there are many arguments against this policy:
This approach obviously may not be
the panacea it appears to be on the surface.
One reason the prison population continues to climb is that
in order to justify their budgets, police departments have tried to step up
their arrests, and prosecutors justify their existence by demanding and getting
longer prison sentences. In the summer of 2003, Attorney General John Ashcroft
issued directives to U. S. Attorneys to make sure they charge defendants with
the most serious crimes, to get the longest sentences possible, and to not
negotiate plea bargains. He also ordered these same Attorneys to report local
and state prosecutors who did not impose sentences in accordance with Federal
guidelines.
Most government officials tout the party line about how they
are winning the war on drugs, but according to Orange County, California
Supreme Court Judge James Gray,
“What
we’re doing has failed. In fact it’s hopeless. This is a failed system that we
simply must change.”
Some statistics on the drug trade
follow:
In our close-minded society, we consider recreational drug
use as a diabolical plan from Satan and yet the consumption of alcohol is far
more pervasive and destructive. We are a society that grew up with alcohol and
bars, so we don’t think about the ravages of alcohol, except when Mothers
Against Drunk Drivers (MADD) launch intensive campaigns to alert the public to
the dangers. Alcohol kills more people than all drugs combined and yet it’s
perfectly legal. In many ways, because of careless doctors and pharmacists,
there are more deaths attributed to adverse reactions to prescription drugs
than deaths caused by recreational drugs. The chart below shows the deaths
caused by various factors in the United States in the year 2000.
|
Cause
of Death |
Number
of Deaths |
|
Tobacco |
435,000 |
|
Poor Diet and Physical Activity |
400,000 |
|
Alcohol |
100,000 |
|
Microbial Agents |
75,000 |
|
Toxic Agents |
55,000 |
|
Motor Vehicle Accidents |
40,000 |
|
Adverse Reactions to Prescription Drugs |
32,000 – 106,000 |
|
Suicide |
30,662 |
|
Incidents Involving Firearms |
29,000 |
|
Homicide |
20,308 |
|
Sexual Behavior |
20,000 |
|
All Illicit Drug Use, Direct and Indirect |
17,000 |
|
Non-Steroidal Anti-Inflammatory Drugs |
7,600 |
|
Marijuana |
0 |
Referring to the above chart,
according to Canadian researchers, in the years 1982-1998, a range of between
32,000 and 106,000 people were killed because of adverse reactions to their
prescribed medications.
According to the Household
Survey, more than 48 million Americans use alcohol an average of one or more
days of the year. This number is greater than the total that have tried
cocaine, crack, heroin and marijuana. Out of 5.3 million convicted offenders
nearly 40% of these offenders, or about 2 million, had been using alcohol at
the time they committed the offense. Nearly 2 out of 3 inmates have previously
been in an alcohol treatment plan. In 4 out of 10 murder cases, convicted
murderers reported that alcohol was a factor in the crime, and nearly half of
those convicted of assault reported that they had been drinking when they
committed the crime.
There’s no dispute that drugs can be a terrible and
debilitating scourge, but when the issues of “right and wrong” cross swords
with the law of supply and demand, strange things happen in a society, no
matter how closed or open that society may be. When people decide they want
drugs, there is nothing a society or government can do about it, and throwing
billions of dollars at the problem only forces the drug users to pay black
market prices to support their habit. One of the byproducts of the war on drugs
is the terrible violence that erupts in the ghettos in “turf wars” between
gangs simply because drugs are illegal and very profitable.
The Europeans face reality much better than we do. Even in
the Netherlands, where drugs are legal, the consumption of drugs in the
Netherlands and all of Europe is far lower than the United States. Switzerland
once tried to create a “Needle Park,” where drug users could congregate and
consume their drugs with free needles, but that idea backfired when drug users
from all over the world sought refuge in these havens.
Holland now has hundreds of coffee shops where clients can
buy up to 5 marijuana cigarettes at a time, in the same way they might purchase
a six pack of beer. The Dutch Minister of Health said that, “We have succeeded
in making pot boring.” The Drug
Enforcement Agency (DEA) has played the official government party line about
how legalizing pot (cannabis and hash) has been an unmitigated disaster.
According to interviews with people on the streets of Holland, they point out
that by selling the drug in coffee houses, it may actually deter young people
from experimenting since it’s lost its luster.
When one American official, Dr. Joyce Elders, suggested in
1991 that legislating drug sales might reduce crime, calls went out for her
scalp.
The women in prison exceeded 100,000 for the first time in
history. The number of women in prison has grown by 48% since 1995, while the
male population has grown 29%. According to Marc Mauer, the assistant director
of the Sentencing Project, in regard to the explosion of the women’s inmate
population, “It coincides exactly with the inception of the war on drugs.” He also said that, “It represents a sort of
vicious cycle of women engaged in drug abuse and often connected with financial
or psychological dependence on a boyfriend.”
On one hand, we fought the Taliban in Afghanistan because
they would not surrender Osama Bin Laden. We then occupied the country until
they had democratic elections. On the other hand, we have scores of Drug
Enforcement Agency (DEA) personnel stationed in Columbia in South America
assisting the government to eradicate their drug crops. There is only one thing
wrong with this picture. When the Taliban ruled Afghanistan, they outlawed the
growing of Opium poppies as destructive to their people. Since we have
vanquished the Taliban, Afghanistan has again become the number one provider of
opium in the world.
The country of Columbia is a more bizarre story. We have
been at war with the cocaine-growing peasants there for over 15 years by aerial
spraying their crops. Since cocoa is their only source of income for many
peasants, as soon as we eradicate one crop in Columbia, the farmers simply move
into the Amazon rainforest and plant another crop on steep hillsides. We tried
to convince the Columbian farmers to grow other crops, but that policy is sheer
stupidity, as they make about 10 times as much money farming and selling
cocaine. Not only is the aerial spraying not stopping the growth, we have been
spraying a fungicide called fusarium oxysporum, and a pathogenic strain of the
fungicide afflicts many other crops such as watermelons, muskmelons, basil and
tomatoes. There is ample evidence that the fungicide has made peasants sick and
there is ample proof that one 2-year old girl died from the spraying. Here we
have shades of Agent Orange in Vietnam all over again. Do we ever learn our
lesson?
Even worse, the deals we have struck with governments in the
Andean mountains including Columbia provide their police and military with
state-of-the-art equipment, wherein its purported purpose is to eradicate
cocaine crops. Reality dictates that much of the equipment can be used equally
as well against the guerillas, so we’re back to the days of supporting
dictatorial regimes at any cost.
Medical marijuana patients are under attack by the Bush
Administration and the DEA, who treat sick and dying cancer and AIDS patients
worse than dangerous criminals!
A few of the states have seen the light regarding the
advantages of growing and distributing medical marijuana. The states where medical
patients have access to marijuana are Alaska, California, Hawaii, Maine,
Arizona, Colorado, Maryland, Nevada, Oregon, Vermont and Washington. I don’t
believe I need to mention it, but the concept of legalization of medical
marijuana will be impossible in the corrupt political bastions of the east
coast, including New York and New Jersey.
Now the Justice Department doesn’t like it when these states
ignore Federal law, so they have raided the yards of people who grow medical
marijuana with state permission and confiscate the crop. This is another clear
reminder of the loss of state’s rights to the overwhelming power of the Federal
government. Federal agents even go after people often with incurable diseases
and confiscate their self-grown crops.
The Institute of Medicine has determined that marijuana can
alleviate the symptoms of nausea, appetite loss, pain and anxiety in the
treatment of HIV/AIDS, Multiple Sclerosis (MS), epilepsy, and other diseases.
There is ample evidence that medical marijuana can alleviate suffering that
cannot be obtained from prescription drugs without the debilitating side
effects.
Organizations that support legal access to medical marijuana
include the American Academy of HIV Medicine, American Academy of Family
Physicians, American Nurses Association, American Preventive Medical
Association, American Public Health Association, the largest health maintenance
organization, Kaiser Permamente, and the Wo/Men’s
Alliance for Medical Marijuana.
In 2000, there were 1,579,566 drug arrests in the US. Of
those, 46.5 percent -- 734,497 arrests—were for marijuana. There were 646,042
arrests for simple possession of marijuana in 2000.
The government has spent over $75 billion on the drug war, a
losing proposition. The fundamental question that should be asked is, “Why are
we prosecuting these people?” If we
prosecute drug offenders (mostly petty drug peddlers and recreational drug
users), why not prosecute chain smokers and alcoholics, two groups of people
who are doing just as much harm to their bodies as drug users? In fact, governments are prosecuting smokers
via the illegal taxes they add to the price of a pack of cigarettes, and as far
as prosecuting alcoholics; it’s been tried before in the 1920s. Prohibition was
enacted into law by the XVIII Amendment and subsequently repealed by the XXI
Amendment as the people rebelled at the loss of their liquor. The XVIII
Amendment indirectly vastly increased the power of organized crime as they
supplied the booze to the thirsty population. Is not the attempt to eliminate
booze analogous to the situation with recreational drugs today? And what has this campaign gained for
us? The answer is nothing. Drugs on the
street are more plentiful then ever.
We are not going to stop the drug problem by using the
Federal government to pass laws prohibiting its use; another Constitutional
violation in which the government should not intervene. What would happen if we
legalized drugs in much the same way as we legalized alcohol? Liquor is sold in liquor stores and bars.
Drugs could also be sold in drug stores over-the-counter, and then provide
checks to verify it isn’t sold to the under aged. Even with the age check, kids
will still get their hands on recreational drugs in much the same way as kids
get alcohol. Government will never be able to control the people’s vices
regardless of what constraints you place on the substances. When Mikhail
Gorbachev was in power in Russia, he tried to clean up that society by
restricting the sales of Vodka and banning its consumption at official events. His efforts were a total waste of time.
That approach had been tried before by the Czar in 1914, which was one of the
significant events that lead to his downfall in 1917. In both cases, the people
literally ignored the desires of the state.
By legalizing recreational drugs, not only would we
significantly reduce the jail population, we would put a big bite on organized
crime, one of the major benefactors of the monies made on these transactions.
Let’s see what California, the largest population state,
spends on prisons. In the 2003-2004 budget, $5.2 billion was allocated for
prison maintenance including $160 million for a new headquarters and $220
million for a new death row unit. $220 million – For that price, does the new
death row unit have a grand ballroom?
California has about 600 condemned prisoners on death row, so that means
they are spending $1/3 million on each potential act of retribution. In comparison, community colleges were
allocated $4.4 billion while health care was allocated $14 billion. Isn’t there
something vitally wrong with this picture?
In 1976, California, before pressing the drug war and enacting the
“Three Strikes and You’re Out” law to commit three time offenders to life
imprisonment, there were a total of under 20,000 inmates. The state now has
over 160,000 prisoners, while the state’s population has doubled.
The stories of abuses in the “Three Strikes” law are
legendary, whereby people have been incarcerated for life for very petty crimes
so that government appears “tough on crime” to calm the populace. However,
recognizing the error of their ways, Californians enacted sentencing reforms to
try and reduce prison populations to focus on the “hard core’ criminal element,
and yet the rate of incarceration grows out of control.
According to various sources, at the end of 2002 there were
250,000 people serving time for drug offenses. Assuming we eliminate laws on
the use of drugs, what would the savings be in dollars?
California has approximately 30,000 people incarcerated for
drug offenses out of a total population of 160,000 or about 20% of the total
population. Since California has allocated $5.2 billion for prison maintenance,
a savings should be accomplished in the neighborhood of $1 billion if drug laws
were eliminated. Assuming that it costs about $35,000 per year to house, feed
and clothe each prisoner, we can extend the costs savings to the Federal prison
system, too. With 76,000 Federal prisoners at $35,000 per year, the savings in
Federal costs would realize between $2-3 billion In total, eliminating these
laws across the country should save about $13 billion in direct prison costs,
not counting the labor costs incurred by the police departments and court
systems to prosecute these people.
We must stop the war on drugs and legalize recreational
drugs with controls that are in place for alcohol. Ceasing this senseless war
will stop the expenditure of billions of dollars, starve the criminal empire
that feeds off of the drug addicts, and greatly reduce the number of inmates in
Federal, state and local prisons.
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