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   Article III  


 

Clarifying terms for drug war's end

Houston Chronicle: www.houstonchroncile.com/metro
City & State Section A, Page 27

Pubdate: Friday, April 27, 2001
Author: Thom Marshall
 

 

Thom Marshall:

     Words intended to mean one thing when leaving your mouth can mean something completely different upon entering the ear of another.

     Saying what you mean in such a way that others will not misunderstand you is the great challenge in most any type of discussion, debate or negotiation.  I wish I could remember who provided an illustration of this many years ago by pointing out that a fellow might intend to convey a romantic message meaning: "When I look at you time, time stands still."  But if what the listener understands is, "Your face would stop a clock," there obviously was a major problem with word choice creating a definition gap between intention and understanding.

     The word-choice topic came up in a dinner conversation Tuesday, when a California judge met with a handful of Texas people who share his interest in changing the nation's drug policy.  Judge James Gray came to Houston to speak at a luncheon Thursday sponsored by the Drug Policy Forum of Texas.  He is the author of a new book:  Why Our Drug Laws Have Failed and What We Can Do About it.

Regulating isn't legalizing

     Gray said he avoids choosing and using the word "legalize" in connection with drug-policy reforms.  What he is working toward, he said, is regulation.

     Gray first went public in 1992 as a critic of the nation's war on drugs because, he said, he had seen firsthand and up close how the drug laws have failed, how they waste tax dollars, increase crime and despair, and harm so many lives unnecessarily.

     He said at that time that he predicted a major turnaround in drug policy - an end to the war on drugs - by the year 2000.  He admits he was off on that guess, but based upon recent developments and the rapidly increasing support for policy change, he believes it could happen in another two or three years.

     One of the folks at that Tuesday dinner said that when he used the word "legalize" when talking about drugs, he is proposing that they be treated like alcohol, which once also was illegal.

     The problem with that, Gray explained, is that alcohol still is not legal in many instances.  There are many places where buying it, selling it or consuming it are illegal for anyone.  It is illegal for anyone underage to buy it or consume it.  It is illegal to sell it without the licenses and permits.  It is illegal to buy it without paying the taxes on it.

     Many people hear " legalize" and they believe that to mean drugs would be readily available to everyone.  Alcohol is readily available to everyone.  Alcohol is regulated.  And under potential policy changes favored by Gray and many others who want to see an end to the war, other drugs also would be regulated.

     He does not claim that regulating drugs would make them impossible for kids to get.  After all, teen-agers can get booze today, just as the judge and others of us middle-age folks could get it when we were teens.

     But kids have to go to some effort to obtain alcohol, due to the way it is regulated.  Illegal drugs are easier to get, Gray said.  illegal drugs come looking for the kids, and there is a plentiful supply despite years of the best efforts of those fighting the costly but ineffective drug war.

Ill-defined words stall progress

     So Gray said he is for changing laws o that the currently illegal drugs could be regulated.

     In his book, he calls it a "major pitfall in the discussion of our current drug policy and alternative options" that terms are not carefully defined by those who use them.

     "It is, regrettably, very common for one person not to know what another person is talking about, which naturally leads to a great deal of miscommunication and misunderstanding," he wrote.  "If everyone would take care to define their terms, we would make a lot more progress."

     He believes progress is inevitable.

     "Our country will someday change to a materially different drug policy," he said, also predicting that "we will look back in astonishment that we allowed our former policy to persist for so long, much as we look back now at slavery."

Thom Marshall's e-mail address is thom.marshall@chron.com



 

Judge has a new take on drug war

El Paso Times Borderland: www.elpasotimes.com
Pubdate: Sun, 29 April 2001
Author: Gary Scharrer
Metro Editor Dan Williams

 

US JUDGES CALL FOR LEGALISING OF DRUGS

The restricted sale of heroin, cocaine and cannabis 'would break the vicious cycle of violence' Duncan Campbell in Los Angeles

American judges are growing so uneasy about their country's drugs laws that they are to go public with their calls for change.  The judge who will publish the names of his concerned colleagues is calling for the regulated sale of cocaine, heroin and cannabis as the only way to break the current international cycle of violence and imprisonment. 

The move comes as an advertising campaign is launched advising jurors to acquit people on drugs possession charges even when they are guilty and as a citizen's commission publishes a report calling for drugs to be treated as a medical and social rather than a criminal problem.  It also coincides with this week's report on the enormous disparity between the numbers of black and white people jailed for drug offences. 

James P Gray, a superior court judge in Orange County, California told the Guardian yesterday that his new book will contain the names of more than 20 judges who favour a change in the policies, some of whom support his call for legalisation, and are happy to say so publicly.  He said that three times that number of judges had given him permission to quote them by name.  Many others had told him privately of their belief that a radical change to the drugs laws was urgently needed. 

Judge Gray, 55, has been on the bench for 16 years and was previously a prosecuting attorney.  His experience on the bench convinced him that the drugs laws were causing more crime than they were stopping and that the "war on drugs" had been a failure. 

"There is an increasing number of judges who want change," said Judge Gray, the author of the soon-to-be-published Why our Drugs Laws have failed and What we can do about it.  "The momentum is truly building, we're making progress and it is no longer a question of if there will be changes, but when."

Judge Gray, who is due to outline his views at a meeting in Los Angeles later this month, is critical of the United States' drugs tsar, General Barry McCaffrey, whose budget has just been increased from $17.8bn a year to $19.2bn (UKP13bn).  He suggests that asking Gen McCaffrey whether the right policy is being pursued is "like asking a barber if one needs a haircut". 

The changes that Judge Gray would like to see include the regulated sale to adults of heroin, cocaine and cannabis.  No advertising should be allowed, said the judge, so that drugs could be "de-profitised".  He also favours needle-exchange programmes.  He believes that the likeliest route for change would be for individual states to be allowed to decide on what drugs policy suits them best. 

"First of all, we have to legitimise the discussion," he said.  He stressed that talking about change did not mean that he or fellow judges condoned the use of drugs, merely that the existing laws were causing more harm than good. 

His move comes as the organisation Common Sense for Drug Policy (CSDP) has been placing advertisements in magazines headlined "Just Say Not Guilty". 

The ad argues that "the jury right to say 'not guilty' is an essential safeguard against injustice.  [This] dates back to English common law and the founding of the United States."

Doug McVay of the Virginia-based CSDP said yesterday that the aim of the advertising campaign was to remind people that "justice is not simply the application of the law.  The current situation violates common sense".  He said that the FBI made 1,559,000 arrests for drug violations in 1998, 78% of them for possession and the campaign wanted to "plant the seed" in the minds of potential jurors that they could acquit people if they be lieved that the punishment did not fit the crime. 

The United States is now building a new prison every week to cope with the people serving mandatory minimum sentences for drug possession.  The prison population in the US has risen from just under 200,000 in 1966 to 2m today accounting for a quarter of the entire world's prison population. 

A further call for change has come from the influential Institute for Policy Studies in Washington which has published the findings of a citizen's commission on drugs policy entitled The War on Drugs: Addicted to Failure.  In the foreword to the report, Professor Craig Reinarman states: "Drugs are richly functional scapegoats.  They provide the public with a restricted aperture of attribution in which only the chemical bogey man or lone deviant come into view and the social causes of a cornucopia of complex problems are out of the picture."

The chairperson of the commission, actor, singer and civil rights activist Harry Belafonte, said: "Having grown up in Harlem during the Great Depression, I knew that the real roots of drug abuse and addiction had more to do with poverty, alienation and despair than crimes of malice."

He pointed out that in California five African-Americans were in jail for every one in a state university.  The commission has called Gen McCaffrey's "war on drugs" a "monumental failure" and recommends the ending of mandatory minimum sentences for drug cases.  It calls on President Clinton to revise the drug laws. 

Belafonte's point was emphasised by this week's publication of a report by Human Rights Watch saying that 482 out of every 100,000 African-American men are in prison for a drug crime compared with 36 out of every 100,000 white men.  In Illinois, a black man is 57 times more likely to be jailed for drugs than a white man. 

The figures were described as a "national scandal" by the organisation, whose report was funded by George Soros's Open Society Institute. 



 

US Judges Call For Legalizing Of Drugs

Newshawk: The Legalise Cannabis Alliance
Pubdate: Sat, 10 Jun 2000
Source: Guardian, The (UK)
Copyright: 2000 Guardian Newspapers Limited
Author: Duncan Campbell in Los Angeles
Cited:
http://www.csdp.org/ads/justsay.htm

 

US JUDGES CALL FOR LEGALISING OF DRUGS

The restricted sale of heroin, cocaine and cannabis 'would break the vicious cycle of violence' Duncan Campbell in Los Angeles

American judges are growing so uneasy about their country's drugs laws that they are to go public with their calls for change.  The judge who will publish the names of his concerned colleagues is calling for the regulated sale of cocaine, heroin and cannabis as the only way to break the current international cycle of violence and imprisonment. 

The move comes as an advertising campaign is launched advising jurors to acquit people on drugs possession charges even when they are guilty and as a citizen's commission publishes a report calling for drugs to be treated as a medical and social rather than a criminal problem.  It also coincides with this week's report on the enormous disparity between the numbers of black and white people jailed for drug offences. 

James P Gray, a superior court judge in Orange County, California told the Guardian yesterday that his new book will contain the names of more than 20 judges who favour a change in the policies, some of whom support his call for legalisation, and are happy to say so publicly.  He said that three times that number of judges had given him permission to quote them by name.  Many others had told him privately of their belief that a radical change to the drugs laws was urgently needed. 

Judge Gray, 55, has been on the bench for 16 years and was previously a prosecuting attorney.  His experience on the bench convinced him that the drugs laws were causing more crime than they were stopping and that the "war on drugs" had been a failure. 

"There is an increasing number of judges who want change," said Judge Gray, the author of the soon-to-be-published Why our Drugs Laws have failed and What we can do about it.  "The momentum is truly building, we're making progress and it is no longer a question of if there will be changes, but when."

Judge Gray, who is due to outline his views at a meeting in Los Angeles later this month, is critical of the United States' drugs tsar, General Barry McCaffrey, whose budget has just been increased from $17.8bn a year to $19.2bn (UKP13bn).  He suggests that asking Gen McCaffrey whether the right policy is being pursued is "like asking a barber if one needs a haircut". 

The changes that Judge Gray would like to see include the regulated sale to adults of heroin, cocaine and cannabis.  No advertising should be allowed, said the judge, so that drugs could be "de-profitised".  He also favours needle-exchange programmes.  He believes that the likeliest route for change would be for individual states to be allowed to decide on what drugs policy suits them best. 

"First of all, we have to legitimise the discussion," he said.  He stressed that talking about change did not mean that he or fellow judges condoned the use of drugs, merely that the existing laws were causing more harm than good. 

His move comes as the organisation Common Sense for Drug Policy (CSDP) has been placing advertisements in magazines headlined "Just Say Not Guilty". 

The ad argues that "the jury right to say 'not guilty' is an essential safeguard against injustice.  [This] dates back to English common law and the founding of the United States."

Doug McVay of the Virginia-based CSDP said yesterday that the aim of the advertising campaign was to remind people that "justice is not simply the application of the law.  The current situation violates common sense".  He said that the FBI made 1,559,000 arrests for drug violations in 1998, 78% of them for possession and the campaign wanted to "plant the seed" in the minds of potential jurors that they could acquit people if they be lieved that the punishment did not fit the crime. 

The United States is now building a new prison every week to cope with the people serving mandatory minimum sentences for drug possession.  The prison population in the US has risen from just under 200,000 in 1966 to 2m today accounting for a quarter of the entire world's prison population. 

A further call for change has come from the influential Institute for Policy Studies in Washington which has published the findings of a citizen's commission on drugs policy entitled The War on Drugs: Addicted to Failure.  In the foreword to the report, Professor Craig Reinarman states: "Drugs are richly functional scapegoats.  They provide the public with a restricted aperture of attribution in which only the chemical bogey man or lone deviant come into view and the social causes of a cornucopia of complex problems are out of the picture."

The chairperson of the commission, actor, singer and civil rights activist Harry Belafonte, said: "Having grown up in Harlem during the Great Depression, I knew that the real roots of drug abuse and addiction had more to do with poverty, alienation and despair than crimes of malice."

He pointed out that in California five African-Americans were in jail for every one in a state university.  The commission has called Gen McCaffrey's "war on drugs" a "monumental failure" and recommends the ending of mandatory minimum sentences for drug cases.  It calls on President Clinton to revise the drug laws. 

Belafonte's point was emphasised by this week's publication of a report by Human Rights Watch saying that 482 out of every 100,000 African-American men are in prison for a drug crime compared with 36 out of every 100,000 white men.  In Illinois, a black man is 57 times more likely to be jailed for drugs than a white man. 

The figures were described as a "national scandal" by the organisation, whose report was funded by George Soros's Open Society Institute.
 

 







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