ACLU

Weekly Pulse: Don't Snort Bath Salts, Kids

by: The Media Consortium

Wed Jan 26, 2011 at 12:27

by Lindsay Beyerstein, Media Consortium blogger

According to Robin Marty of  Care2.org, today's young whippersnappers are snorting bath salts and plant food to get their kicks. I knew I was getting old when I had to check the media to find out  about the latest youth drug menace.

But, before you go and blow your allowance at the Body Shop  or the garden center, keep in mind that "bath salt" and "plant food"  are just euphemisms that web-based head shops use to sell these amphetamine-like drugs , according to a 2010 report by the UK Council on the Misuse of  Drugs. The active ingredients of this legal high are mephedrone and methylenedioxypyrovalerone (MDPV).

Despite what the media would have you believe, these  designer drugs are not ingredients in common household  products. You cannot get high on actual bath salts or plant food.  Sorry. Gardeners, if you bought exotic imported "plant food" online, and  it arrived in an impossibly tiny packet, don't feed it to your plants.

Anti-choice black op linked to James O'Keefe

At least a dozen Planned Parenthood clinics across the country have recently been visited by a mysterious, self-proclaimed "sex trafficker" who was apparently part of a ruse to entrap clinic employees. Planned Parenthood reported these visits to the FBI.

In each case, the man reportedly asked to speak privately with a clinic worker, whereupon he asked for health advice regarding the underage, undocumented girls he was supposedly trying to traffic.

Jodi Jacobson reports at RH Reality Check:

[Prominent anti-choice blogger] Jill Stanek and  other anti-choice operatives, including Lila Rose of Live Action Films  are effectively claiming responsibility for sending  pseudo "sex  traffickers" into [Planned Parenthood] clinics, and also warn of "explosive evidence,"  of which they of course present.....none.  They appear to have no  credible response to exposure of their efforts to perpetrate a hoax on  Planned Parenthood.

As Jacobson points out, sex trafficking is a very real problem. And a sex trafficking hoax diverts time and resources that the authorities who could be hunting down real traffickers. She adds:

Victims of sex trafficking, after all, also need sexual health services because they are effectively being raped regularly and are more likely  to contract sexually transmitted infections and experience unintended  pregnancies. Does this help them get treatment?

Lila Rose of Live Action Films is a former associate of right wing hoaxster James O'Keefe, who orchestrated a sting operation against the social justice group ACORN. O'Keefe was sentenced last year to three years' probation for scamming his way into the offices of Sen. Mary Landrieu (D-LA) in January, 2010.

Sex, lies, and the classroom

To mark the anniversary of Roe v. Wade, the National Radio Project presents a discussion of sex ed in American schools, federal funding for sex ed, and advocacy by interest groups and parents. Guests include Phyllida Burlingame of the ACLU and Gabriela Valle of California Latinas for Reproductive Justice.

Hot coffee!

Remember the woman who sued McDonald's after she spilled a hot cup of coffee in her lap? Corporate interests made Stella Liebeck into a national joke, even though she won her suit. Hot Coffee is a new documentary that tells the story behind the one-liners. Amy Goodman of Democracy Now! interviews Ms. Liebeck's daughter and son-in-law.

McDonald's corporate manuals dictated that coffee be served at 187 degrees, in flimsy styrofoam cups. A home coffee maker usually keeps the brew between 142 to 162 degrees, and most people pour their Joe into something sturdier than a styrofoam cup. If you spill that coffee on yourself, you have 25 seconds to get it off before you suffer a 3rd degree burn. Whereas if you spill 187-degree coffee on yourself, you've got between 2 and 7 seconds.

Companies are expected to produce products that are safe for their intended use. McDonald's was serving coffee to go, through drive-through windows, with cream and sugar in the bag. By implication, it should be safe to add cream and sugar to hot coffee in a car. In the pre-cup-holder era, millions of Americans were probably steadying their coffees between their legs to add cream and sugar every day. A responsible restaurant would not dispense superheated liquids in flimsy to-go cups. Indeed, McDonalds' own records showed that 700 people had been scalded this way.

In 1992, the plaintiff was a passenger in a parked car, attempting to add cream and sugar to her coffee while steadying the cup between her knees. When she opened the lid, the cup collapsed inward, dousing her with scalding coffee. The 79-year-old woman sustained 3rd degree burns over 16% of her body. She needed skin grafts to repair the damage. Initially she only sued to recoup part of the cost of the skin grafts. But the judge who heard the case was so outraged by McDonald's disregard for customer safety that he urged the jury to award punitive damages.

Another theme of Hot Coffee is how medical malpractice caps are forcing taxpayers to cover the medical costs of people who are injured by negligent health care providers.

This post features links to the best independent, progressive   reporting about health care by members of The Media Consortium.  It  is free to reprint. Visit the Pulse for  a complete list of articles on health care reform, or follow us on  Twitter. And for the best   progressive reporting on critical economy, environment, health care  and  immigration issues, check out The Audit,  The Mulch,   and The Diaspora. This is a project of The Media Consortium, a network of  leading independent media outlets.

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Voter Groups Go to Court to Fight for Voting Rights of High School Students in New Jersey

by: project vote

Wed Oct 27, 2010 at 17:18

TRENTON--The American Civil Liberties Union of New Jersey, Project Vote, and the Fair Elections Legal Network submitted a brief seeking to ensure that the Department of Education fulfill a 25-year-old mandate to protect the voting rights of private, charter, and public school students, which the DOE has thus-far failed to meet.

“It is appalling that 25 years after the High School Voter Registration Law was issued, there are still no regulations on the books protecting the rights of private and charter school students under the law, and only the most minimal of protections for district public school students,” said Ed Barocas, the ACLU-NJ legal director.

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Weekly Diaspora: Why Detention Reform is Desperately Needed

by: The Media Consortium

Thu Oct 21, 2010 at 11:29

by Catherine A. Traywick, Media Consortium blogger

Last October, the Obama administration's announced their intention to reform the detention system-to improve the management, medical care and accountability within detention centers, and make better use of low-cost alternatives to detention.

But one year later, a new report by the Detention Watch Network reveals that the "truly civil" detention system once promised by the administration has truly failed to materialize. And while the Department of Homeland Security (DHS) has been crowing over its record number of deportations, it's suspiciously mum when it comes to the record number of detainees that still languish in woefully mismanaged detention facilities.

DHS gets an "F"

Elise Foley at the Washington Independent notes that, despite DHS's assurances that "visible changes have been made" to the system, immigrant rights advocates are critical of the purported reforms.

The Detention Watch Network, which graded DHS on each of its proposed reform initiatives, concluded that the agency has achieved minimal progress and has not substantively improved conditions for the nearly 400,000 immigrants detained every year under "cruel and unusual," prison-like conditions. DHS received particularly low marks on its promise to utilize low-cost and humane alternatives to detention, such as ankle bracelets or bond release.

Underscoring the case for alternatives to detention, Foley details the story of Pedro Perez Guzman, a 30-year-old undocumented immigrant who came to the U.S. at the age of eight. Guzman, who is married to an American citizen and has a young son, has been in detention since last year, when he was picked up on a deportation order. As a father, breadwinner, and long-time (albeit undocumented) resident, Guzman should be a good candidate for bond release or some other alternative to detention. But because DHS has failed to broadly implement such alternatives, he's spending his last months in the U.S. behind bars instead of with his family.

Reform hasn't curbed sexual abuse in detention

The administration's failure to meaningfully reform the broken detention system has particularly pernicious consequences for women detainees. As I detailed in a special report for Campus Progress, women in detention are routinely subject to a variety of mistreatment that ranges from gender discrimination to rape.

The T. Don Hutto detention facility in Texas stands out as a prime example of how failed reforms have disproportionately impacted women. Four years ago, the facility came under fire after a guard was caught having sexual relations with a woman detainee-an act which, thanks to a loophole in federal law, wasn't technically a crime in privately-operated ICE facilities.

Last year, DHS overhauled the Hutto detention center, publicly touting it as model facility that embodied the administration's vision for "truly civil" detention reform. Then, this August, a Hutto guard was arrested for sexually assaulting several detainees while transporting them for deportation. To date, no one knows how many women he assaulted, or whether other guards have done the same.

Clearly, a DHS facelift wasn't enough to correct a long-standing pattern of mismanagement, poor oversight, and discrimination that ultimately resulted in the victimization of an unknown number of immigrant women.

Traffic violations = mandatory detention

The ills plaguing the immigration detention system are further exacerbated by the growing number of detainees, which has reached a record of 33,000 per day and nearly 400,000 per year.

As Monica Fabian points out at Feet in Two Worlds, a significant proportion of these detainees have been pulled into the system by Secure Communities, a program which targets undocumented immigrants by allowing law enforcement to share fingerprints with federal authorities. Though Secure Communities is purported to target dangerous criminals, it has actually resulted in the detentions and deportations of a number of immigrants who had no criminal record or who were guilty of minor violations:

According to Immigration and Customs Enforcement (ICE) records obtained by the Benjamin N. Cardozo School of Law, the Center for Constitutional Rights, and the National Day Laborer Organizing Network through a Freedom of Information Act request, 79% of individuals deported through the Secure Communities program from October 2008 through June 2010 had no criminal record or were arrested for minor offenses like traffic violations.

Consequently, the detention system is swollen with scores of non-dangerous, non-criminal immigrants whose mandatory detention is not only expensive but excessively punitive.

Maricopa County steps forward

Some of the worst detention conditions documented by immigrant rights advocates have been in Maricopa County, AZ-under the purview of the infamous Sheriff Joe Arpaio. While Arpaio is notorious for treating his prisoners inhumanely, his deputies' treatment of pretrial immigrant detainees has ranged from racial discrimination and harassment to physical abuse and death.

Needless to say, federal reforms have not trickled down to Arpaio's jails, and they likely never will. A lack of legally enforceable baseline detention standards, as well as varying contracts between ICE and municipal jails, virtually ensure that reforms won't be comprehensively enacted or enforced.

Fortunately, the ACLU and other civil rights groups are stepping in where the government has failed to act.

Julianne Hing at Colorlines reports that the ACLU has received a favorable ruling in a lawsuit filed against Arpaio:

On Wednesday, the Ninth Circuit Court of Appeals upheld a ruling by a lower court that charged Maricopa County Sheriff Joe Arpaio with mistreatment of detainees in his jails for serving them spoiled food and neglecting their health.

Yesterday's ruling will set legal precedent, and help protect prisoners' rights who are in Arpaio's jails today. The order only applies to pre-trial detainees-those who cannot afford bail or are being held without bond, but have not been convicted of anything. According to the East Valley Tribune, that population is about 75 percent of the 8,000 people being held in Maricopa County jails.

While the ruling may be a step forward for detainee rights in Maricopa County jails, it's hardly progress for Arizona as a whole. Like most others states which house immigrant detainees, Arizona boasts a number of variously owned and operated detention facilities whose standards of care and confinement range widely (often to the detriment of detainees). Immediate and comprehensive detention reform is critical.

As Victoria Lopez, an immigration attorney for the ACLU of Arizona, explained to me: "Frankly, when you're dealing with the number of people that go through detention facilities in the U.S. and some of the life or death issues in these cases...I don't know how much longer folks can wait for reforms to trickle down from Washington, D.C., to Eloy, AZ."

This post features links to the best independent, progressive reporting about immigration by members of The Media Consortium. It is free to reprint. Visit the Diaspora for a complete list of articles on immigration issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, and health care issues, check out The Audit, The Mulch, and The Pulse . This is a project of The Media Consortium, a network of leading independent media outlets.

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Obama's anti-democratic style--and substance

by: Paul Rosenberg

Sat Jun 12, 2010 at 13:00

In his diary Tuesday, "White House orders 5% spending cuts on top of discretionary spending freeze" Chris wrote:

I am not going to pretend that I live inside the head of President Obama and his advisors, and thus understand their rationale for this move.  Maybe they are doing it because they think it will help Democratic electoral chances.  Maybe they actually think it is good policy.  Maybe it is some combination of both.

The rationale, however, does not matter.  We are not engaged in a debate about what goes on inside the minds of the leading figures in the administration, including Obama himself.  What does matter is that this move will cost jobs in the middle of an ongoing employment crisis.  Not only will this add to widespread hardship in this country, but it will have negative effects on the Democratic electoral position exceeding whatever minimal media optics the Obama administration will receive from this move.

On one level this is perfectly correct. What really matters is not what politicians think or say, but what they do, and the results their actions produce.   But on another level, it matters enormously that we have no idea why Obama says and does the things he does.   After all, the basis of democracy is that people deliberate and decide on what they will do collectively in the way of self-government.  Proper deliberation depends upon open presentation of all the facts and arguments available. When things are hidden, deliberation is hindered, at the very least, if not corrupted, and ultimately destroyed.  Leaders who honestly explain their actions foster democracy, whether one agrees with their positions or not.  Leaders hide or deceive their motives and reasoning undermine democracy, even if one agrees with their actions.

This was one of the most central problems with the Bush Administration.  One could quibble endlessly, splitting hairs over whether Bush lied about WMDs in Iraq, for example.  Did he know for certain that what he said was not true?  But all that was beside the point, as Lakoff pointed out in arguing that the basic issue was betrayal of trust, and as former federal prosecutor Elizabeth de la Vega pointed out in arguing that Bush should be impeached for perpetrating fraud in taking us to war.

Outright lying is just one of many ways that a government can erode the foundations of democratic legitimacy, and restoring that legitimacy was one of the most powerful motivations there was for ending the Bush regime. It was one of the most fundamental mandates that was bestowed on Barack Obama with his election--and it is a mandate that he has fundamentally ignored. Indeed, it is a mandate that he has betrayed.

To take just one example--albeit a very large, very central, very ugly one--consider Glenn Greenwald's column from the same day, "A growing part of the Obama legacy", in which he wrote:

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The Weekly Diaspora: We Can Prosper Together

by: The Media Consortium

Thu Oct 22, 2009 at 13:34

By Nezua, Media Consortium Blogger

For the most part, it's been a good week for immigration reform. The Senate approved a measure that will end the "Widow Penalty," which rescinded applications for U.S. residency if one's spouse of two years or less years dies, and on Tuesday, as RaceWire reports, the San Francisco Board of Supervisors passed legislation that restores the right of due process to immigrant youth.

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Californians Can Save Money and Lives by Voting Yes on Prop 5

by: ACLU

Wed Oct 29, 2008 at 17:16

By Jag Davies, Policy Researcher, ACLU Drug Law Reform Project

This Tuesday, California voters will decide the fate of Proposition 5, the Nonviolent Offenders Rehabilitation Act (NORA). If it passes, NORA will shift California away from a criminal justice-oriented approach to substance abuse and toward a health-based approach, primarily by providing drug treatment as an alternative to incarceration for nonviolent offenders.

NORA builds on the success of Proposition 36, passed in 2000 with 61 percent of the vote, which has saved California taxpayers over $1.5 billion and diverted hundreds of thousands of Californians from incarceration to treatment.

NORA would also transform California's dysfunctional prison system. The independent Legislative Analyst's Office (LAO) calculates that NORA would reduce the state prison and parole populations by at least 40,000 in just a few years. Since the late 1980s, the state's prison population increased by 75 percent to over 170,000— nearly three times faster than the general adult population. Meanwhile, the number of incarcerated nonviolent offenders skyrocketed from 20,000 to 70,000. Since 2000, despite some reduction in prison population growth thanks to Prop 36, annual prison costs have grown 50 percent to over $10 billion— about 10 percent of the state budget, the equivalent of the state's spending on its public universities.

The LAO calculates that NORA would generate $2.5 billion in taxpayer savings in prison construction costs, in addition to lowering incarceration costs by $1 billion each year. These resources could be used for healthcare, education and addressing the state's gaping $16 billion-plus budget deficit.

All this compassion and common sense is just too much for President Bush's drug czar, John Walters, who has been using federal taxpayer dollars to visit California to campaign against NORA. Naturally, California's powerful prison guards union has also joined the fray, recently pledging a million dollars for a last-ditch opposition effort. Opponents of NORA, like previous opponents of Prop 36, are desperately trying to stoke fears that this decrease in incarceration would lead to an outbreak of violent crime. Yet, since Prop 36's passage, California's violent crime rate has decreased at a greater rate than the national average.

If you have friends or family in California, you can help by sending them an e-card from the ACLU's ballot initiative action page.

If NORA passes, it will:

  • Expand drug treatment diversion programs and reduce reliance on incarceration for nonviolent offenders. Specifically, NORA requires the state to expand and increase funding and oversight for individualized treatment and rehabilitation services for nonviolent drug offenders and parolees. It reduces criminal consequences of nonviolent offenses by mandating a three-tiered probation with treatment and by providing for case dismissal and/or sealing of records after probation. The measure permits offenders who have failed to complete Track I to be shifted to Track II and then to Track III, where they face escalating sanctions, leading ultimately to incarceration as a last resort. Critically, NORA allows funding for "harm reduction" drug treatment programs, such as methadone maintenance, sterile syringe exchange and programs that are not solely based on an abstinence-only treatment model. In addition, NORA sets up a new county-operated program for nonviolent youth under age 18 who are at risk for committing future drug offenses. For those who do end up behind bars, NORA also allows inmates to earn additional time off their prison sentences for participation and performance in rehabilitation programs.

  • Modify parole supervision procedures and expand prison and parole rehabilitation programs. NORA increases the maximum parole period from three years to five years for any offender whose most recent prison sentence was for a violent or serious felony— but shortens parole for nonviolent drug offenses, including sales, and for nonviolent property crimes. NORA requires that parole violations be divided into technical violations, misdemeanors and felonies, and generally prohibits certain parolees from being returned to state prison for technical or misdemeanor violations (such as failing drug tests). All prison inmates would be required to be provided rehabilitation services beginning at least 90 days prior to their release date. In addition, a Parole Reform Oversight and Accountability Board would be created and given the authority to review, direct and approve rehabilitation programs, and to set state parole policies.

  • Reduce penalties for marijuana possession. NORA would make the possession of less than 28.5 grams of marijuana by an adult or minor an infraction (similar to a traffic ticket) rather than a misdemeanor (as under current law). Adults would be subject to a $100 fine; minors would not be subject to a fine but would be required to complete a drug education program. Money collected under these fines would be deposited into a special fund for the youth programs created by NORA.

NORA is an unprecedented opportunity to make a crucial difference in hundreds of thousands of lives and promote alternatives to the wasteful and counterproductive war on drugs. To learn more about NORA, check out www.Prop5Yes.org.

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"No Match" No Fair

by: The Opportunity Agenda

Wed Oct 29, 2008 at 12:58

Last week the Bush administration announced a renewed push to clamp down on undocumented workers.  Specifically, the rule would ask a federal judge to lift an injunction on the "no-match" rule.

The rule protects businesses from failing to respond to so-called "no match" letters sent out by the Social Security Administration stating that the number provided by an employee does not match the information in their database.  This may indicate the worker is undocumented but many are the result of clerical errors including, for example, women not updating last names after marriage.

Judge Charles R. Breyer last year warned that the plan would have "staggering" and "sever" effects on workers and businesses.  It's reasons such as this that have brought together not just traditional groups working for immigrant rights, such as the ACLU, but also the AFL-CIO, and the U.S. Chamber of Commerce.

Particularly amidst the recent sharp economic downturn, business leaders are concerned about the Bush administration's plan.  If this effort to lift the injunction against the "no-match" rule is successful, the government would ask up to 140,000 employers to check the social security numbers of 8.7 million workers.  Businesses must resolve discrepancies within 90 days or fire the workers.

Angela Amador, the Chamber's director of immigration policy is concerned about the costs of complying with this rule.  The Chamber's objections "[have] been about the cost of a badly thought out rule and the cost on legitimate businesses following all the rules and complying with it."

Groups such as the ACLU and the National Immigration Law Center are concerned that the plan would lead to racial profiling, discrimination, and the firing of people based on clerical errors.  They argue the Bush administration should work instead towards fixing the flawed database.

Cross posted at The State of Opportunity.

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Veterans Advocates Skeptical Of New V.A. Registration Policies

by: project vote

Thu Sep 18, 2008 at 16:32

Cross-posted at Project Vote's blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns

We recently wrote about the Department of Veterans Affairs decision to open its facilities to voter registration drives after months of urging by voting rights groups and elected officials. This week, however, "VA voter suppression continues," as AlterNet's Steven Rosenfeld wrote Tuesday, with voter registration efforts being blocked in California and the VA general counsel criticizing the pending Veterans Voting Support Act (S. 3308), which would bolster federal protection of voter registration opportunities for all wounded veterans. With just three weeks left to register voters in most states, advocates say now is the time to support voter registration efforts in VA facilities and, most importantly, it needs to be explicitly protected from now on through federal law.

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FBI Seeks Expanded Powers--again!

by: bluethunder

Thu Aug 21, 2008 at 18:59

The gist courtesy of NYT...
WASHINGTON - A Justice Department plan would loosen restrictions on the Federal Bureau of Investigation to allow agents to open a national security or criminal investigation against someone without any clear basis for suspicion, Democratic lawmakers briefed on the details said Wednesday.

The right is like a shark--once it smells blood it does not stop. The Democratic Party seems to keep thinking that if they capitulate, or triangulate the Republicans was cease to salivate. Not true. Congress gave Bush the Patriot Act. Then Iraq. Then funding for Iraq. Then FISA. All the while they expected them to be satisfied and leave the Dems alone.

It won't happen. They must be stopped. More on the expanded powers below.

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Protecting Small 'D' Democracy and the Right to Vote

by: ACLU

Fri Jul 25, 2008 at 14:46

By Nicole Kief, State Strategist, ACLU Racial Justice Program. Cross-posted at Pam's House Blend.

Isn't the right to vote freely for a candidate of your choosing just that: the right to vote freely for a candidate of your choosing?

Not according to one Virginia legislator, who seemed to forget the whole principle of small "d" democracy when he characterized efforts to educate people with felony convictions about their right to vote as a big "D" Democratic conspiracy.  "I don' t know a lot of young Republicans who end up being felons," C. Todd Gilbert told the Washington Post.  "Clearly the groups that are soliciting these felons to get their rights restored are predisposed to be in support of Obama, and I am sure this registration effort is designed to help their candidate."

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Fighting For the Felon Franchise

by: Daniel De Groot

Tue Jul 22, 2008 at 21:42

The ACLU has launched a lawsuit in Alabama on behalf of some ex-convicts who have been denied their right to vote by the State.  Good for them.  I'll say quite simply that no one should be denied the franchise on the basis of any criminal conviction whatsoever, and yes, everyone currently in prison should be able to vote.  Denying the franchise has not been demonstrated to be any kind of effective deterrent, punishment or otherwise effective tool in preventing crime or serving any worthwhile societal interest.  As such, society has no right to deny someone the vote out of spite, vengeance or whatever basic emotional reasons are employed today.  It is a violation of John Stuart Mill's Harm Principle which is a founding basis of what it means to exist in a "free" society.  The real story is that denying the franchise to convicts is yet another conservative tactic for shrinking the electorate and creating a false conservative friendly environment.

Observe, quoth the NY Times:


Alabama does not bar all felons from voting, only those convicted of crimes involving "moral turpitude." In 2003, the civil liberties group says, the State Legislature clearly defined what those crimes are: murder, rape, sodomy, sexual abuse, incest, sexual torture and nine other crimes mainly involving pornography and abuses against children.

At issue in the lawsuit is not the list enacted in law but an expanded "moral turpitude" list developed by the state's attorney general, Troy King, in 2005. That list includes about a dozen additional offenses, most of them nonviolent, and several including the sale of marijuana.

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It's Official: California's Death Penalty is a Multi-Million Dollar Failure. Now What?

by: ACLU

Mon Jun 30, 2008 at 14:12

By Natasha Minsker, Death Penalty Policy Director, ACLU of Northern California

A panel of experts, including 10 law enforcement officers and prosecutors, unanimously agrees that California's death penalty is utterly broken. To fix it, we'll need to spend over $200 million per year. The current failed system already costs over $137 million more each year than our alternative of permanent imprisonment. Today's report forces all Californians to ask: how much we are willing to pay for our death penalty when we have an alternative that punishes criminals and protects our communities without making us bankrupt?

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According to the California Commission on the Fair Administration of Justice - a bi-partisan blue ribbon panel created by the California Senate in 2004, which just issued the first ever comprehensive report on the state's death penalty system - we have three options for dealing with our death penalty crisis.

First, if we decide that we simply can't part with a system that we now know drains critical resources from public safety budgets, puts innocent lives at risk, harms murder victim family members, and is applied unfairly, then we need to commit to spending over $200 million in tax dollars every year to make the system operational on the most basic levels.

The Commission estimates that in order to make the system function, we would have to spend nearly $100 million more each year to pay for more prosecution and defense lawyers, and more court staff to handle the enormous volume of death penalty cases and appeals. When you add that to the money we already spend, it totals $217 million a year. On top of that, the State Auditor recently concluded that it will cost almost $400 million to build a new death row housing facility at San Quentin, on ground that is literally sinking into the sea.

Considering California's fiscal crisis, spending all of this money is not only unlikely, it's impossible.

And none of these proposed reforms would adequately address one of the most troubling flaws in California's death penalty, the racial and geographic disparities that call the very fairness and justice of the system into question. Despite evidence and testimony from several researchers indicating that race and place play a significant role in determining who lives and who dies, proposed reforms to address these issues are noticeably lacking from the Commission's report. Reforms that would begin to address those flaws would certainly cost more.

Our second option, according to the Commission, is to acknowledge that we have the most extreme death penalty statute in the country, resulting in an insupportably large death row population, and that we can't afford a system this big and bloated.

We all agree that we want a criminal justice system that delivers justice fairly. The overwhelming demands of our current death penalty system, however, overburden courts, lawyers and public safety officials at every level, jeopardizing the foundations of our justice system. The Commission suggests that we could limit the number of crimes eligible for the death penalty in order to ease some of the burden. This would still cost more than $100 million a year, depending on how much smaller we make the "smaller death penalty."

While both of these options provide a healthy dose of reality about how large and unmanageable our death penalty is, the Commission report also highlights the fact that we already pay many millions of dollars on the current failed death penalty, and that a cheaper, more effective system is not only feasible, it's already in place.

Few people realize that condemning someone to permanent imprisonment costs California taxpayers millions of dollars less than sentencing him or her to death. We have had the option of permanent imprisonment for as long as we have had the death penalty, and it's proven itself to be a more functional system that serves as a severe, but cost effective, punishment.

Which brings us to our third option, according to the Commission: replace the death penalty with permanent imprisonment until death, and save millions of dollars for public safety programs that actually work to punish criminals, protect the public and help victims. This would cost us less than $12 million, a savings of more than $200 million a year over option one.

The Commission does not come out and officially endorse this or any other option. In some sense, that's a cop out. On the other hand, the Commission puts the decision right where it should be: in the hand of the voters. It's time for those of us who are writing the checks to fund the system if to ask if it's really worth the price.

To read the Commission's report, visit: http://ccfaj.org/rr-dp-official.html

Learn more at aclunc.org/deathpenalty.

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Opening the Day: FISA Blowout and Donna Edwards Wins

by: Matt Stoller

Wed Jun 18, 2008 at 10:19

There's good news and bad news.  The good news is that Donna Edwards won her special, and will be sworn in on Thursday.  I got a text message late last night after she took the overwhelming majority of the vote: "So cool."  Donna loves texting.  The bad news is that the word is out that the Democrats are trying extremely hard to capitulate on retroactive immunity.  This is prompting a remarkable campaign led by Glenn Greenwald.

Here's what I'm seeing.

  • Youth turnout doubled in the primaries from 2004 to 2008.

  • McCain is running on global warming, saying how he broke with his party to save the environment.

    And yet, Bush is pushing hard for an end to the offshore drilling ban.  McCain of course agrees.

  • Gay marriage is not as important as it was in 2004: "The poll found 38 percent supporting gay marriage, up from 32 percent in 2004, and 49 percent opposing it, down from 56 percent in 2004."

  • Blue Dogs are still causing problems with the GI Bill.

  • According to Quinnipiac, Obama is up 47-43 in Florida, 48-42 in Ohio, and 52-40 in Pennsylvania.

  • Glenn Greenwald is leading the charge, in which this blog is involved, against Steny Hoyer for his role in pushing a compromise on retroactive immunity.  Since he posted last night, over $60k has come in.

  • New Jersey Governor Jon Corzine has come out hard for NJ-05 candidate for Dennis Shulman.

  • VA-05 Democratic candidate Tom Perriello is doing Christian radio spots with a message from the Book of Micah.

What are you reading?

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FISA Capitulation Watch: Did Leonard Boswell or Bud Cramer Sell Us Out?

by: Matt Stoller

Fri May 09, 2008 at 13:15

This is something to watch.

House Democrats continued to block passage of a terrorist surveillance bill today, rejecting a measure by Rep. Heather Wilson (R-N.M.) to add the Senate-passed FISA bill to the fiscal 2009 Intelligence authorization bill. The amendment was defeated by one vote in the House Intelligence Committee, the latest proof that the Senate bill would pass the House if Speaker Nancy Pelosi allowed it to come to the House floor.

There are 12 Democrats on the Committee and 9 Republicans, which means that we lost a Democrat on this vote.  The members are Silvestre Reyes, Leonard L. Boswell, Robert E. (Bud) Cramer, Jr, Anna G. Eshoo, Rush D. Holt, Dutch Ruppersberger, John Tierney, Mike Thompson, Jan Schakowsky, Jim Langevin, Patrick Murphy, and Adam Schiff.

Of these, only two signed the letter asking the House to pass retroactive immunity for telecom companies, Bud Cramer and Leonard Boswell.

Boswell faces a progressive primary challenger, Ed Fallon.  An extremely vicious Iowa establishment and a complicit Iowa media has been denying Fallon the oxygen he needs to win because they just don't like him.  Fallon and Boswell lawn signs are popping up in the district, with Fallon signs situated next to 'Vote Hope' signs and Boswell signs next to 'Hillary' signs.  Boswell is leading by about 20 points or so in the latest polling.

It's a low turnout primary in June, and the media narrative has focused on Fallon's support of Nader  in 2000 rather than Boswell's voting record for the past five years.  Boswell in fact won't debate Fallon, saying that he's just too busy in Washington to respond to misinformation that would inevitably arise.  So Boswell's voting record is completely unscrutinized.

If I were Fallon's campaign, I would be sending an open letter to Boswell asking if he voted to allow AT&T to break the law by wiretapping American citizens.  That committee vote should have been 12-9.  It ended up being 11-10.  Was it Bush Dog Boswell who helped out his campaign contributors and in the process covered up Bush administration crimes?  We know he voted for the war, for the Protect American Act, and for hundreds of billions in war funding.  We know he's funded by corporate PAC money.  It seems like a logical question.

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Glimmer of Hope on State Secrets?

by: ACLU

Thu Apr 24, 2008 at 16:24

By Mandy Simon, ACLU Senior Legislative Communications Associate.

The Senate Judiciary Committee had their weekly "business" meeting today and finally (finally!) got around to marking up the State Secrets Protection Act (S. 2553). The privilege allows the government to guard legitimate national security information during lawsuits. But, from wiretapping to torture, the Bush administration has been misusing the privilege to pull the curtain around its misconduct, effectively stopping litigation in its tracks. The bill being marked up was introduced by committee member Senator Kennedy (D-MA) in an effort to narrow the scope and usage of the state secrets privilege and was passed out of committee by a healthy vote of 11-8. Hopefully we'll see some floor action on this legislation soon so we can begin to knock down the wall of secrecy standing between those who've been wronged by our government and justice.  

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