Showing posts with label mandatory minimums. Show all posts
Showing posts with label mandatory minimums. Show all posts

Monday, March 12, 2012

C-10’s Mandatory Minimums Built On Ignorance, Say Cops and Judges

Law Enforcers Say Government Fails To Justify Cannabis Sentences in Bill C-10

 VANCOUVER, BC – Last month, a group of American members of Law Enforcement Against Prohibition (LEAP) warned the Canadian government to eliminate sections of Bill C-10 that create mandatory minimum sentences for minor cannabis-related crimes lest the mistakes of the U.S.’s “war on drugs” be repeated here. Now, on the eve of C-10’s being signed in to law, LEAP’s Canadian members are also speaking out.

“The good news is that government was forced to respond to our neighbors to the south who have experience with these harsh laws,” says William Vandergraaf, a member of LEAP Canada’s board and a retired Winnipeg police detective. “But the government’s reasons for these mandatory minimums are fundamentally flawed: Prohibition is a proven failure in the real world.”

John Anderson, LEAP Canada’s vice president, said, “We heard the parliamentary secretary to the Minister of Justice say that Canada has a parole system, while the US federal system doesn’t, which it clearly does. Then the government keeps saying that cannabis should be illegal because organized crime produces and sells a lot of it. Obviously, this is reasoning in the reverse: The only reason why organized crime is in the business of trafficking is because marijuana is illegal. When we legalize cannabis, legal businesses will take over the vast bulk of the market, just as they did when alcohol prohibition ended.”

“Their arguments for mandatory minimums on cannabis are inconsistent with the evidence. Making Canadian taxpayers cough up millions of dollars for new prisons seems to be a solution in search of a problem”.

Law Enforcement Against Prohibition (LEAP) represents police, prosecutors, judges, federal agents and others who want to legalize and regulate drugs after fighting on the front lines of the "war on drugs" and learning firsthand that prohibition only serves to worsen addiction and violence. For more information, visit http://www.CopsSayLegalizeDrugs.com.

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CONTACT:  Steve Finlay – (778) 554-3267 or steve.finlay@leap.cc
                        Tom Angell – (202) 557-4979 or media@leap.cc

Wednesday, February 22, 2012

U.S. Law Enforcement Officials Call on Canadian Prime Minister to Legalize Marijuana

 Canada Risks Repeating ‘U.S. Mistakes‘ with Mandatory Minimum Sentences in Bill C-10

 WASHINGTON, DC —A high-profile group of current and former law enforcement officials from the United States is calling on the Canadian government to reconsider the mandatory minimum sentences for minor marijuana offenses proposed in Bill C-10, arguing that the taxation and regulation of marijuana is a more effective policy approach to reducing crime.

On Wednesday, the law enforcers released a letter outlining their concerns, addressed to Prime Minister Stephen Harper and Canadian senators. It is signed by more than two dozen current and former judges, police officers, special agents, narcotics investigators and other criminal justice professionals, all of whom are members of the group Law Enforcement Against Prohibition (LEAP). The letter strongly reinforces the failure of U.S. crime policies that those proposed in the Canadian federal government’s Bill C-10 legislation seem to be modeled on.

“Through our years of service enforcing anti-marijuana laws, we have seen the devastating consequences of these laws,” the letter states. “Among the greatest concerns is the growth in organized crime and gang violence. Just as with alcohol prohibition, gang violence, corruption and social decay have marched in lockstep with marijuana prohibition.”

“We were deeply involved with the war on drugs and have now accepted, due to our own experience and the clear evidence before us, that these policies are a costly failure,” the letter continues. “Marijuana prohibition drives corruption and violence and tougher laws only worsen the problem.”

Bill C-10, titled “The Safe Streets and Communities Act,” is currently being heard by the Senate Committee on Legal and Constitutional Affairs. Among other proposals, the bill calls for stricter mandatory minimum sentences for minor marijuana offenses, including minimum six-month sentences for growing as few as six marijuana plants.

“The Canadian government believes the answer is to get tougher on criminals,” said Norm Stamper, retired chief of police in Seattle, Washington. “But as we’ve learned with our decades-long failed experiment with the ‘war on drugs,’ the stricter sentencing proposed in the bill will only serve to help fill jails. It will not reduce harms related to the illicit marijuana trade, make Canadian streets safer or diminish gang activity.”

Said retired Washington State Superior Court Judge David Nichols: “Policies similar to those in the U.S. and now under consideration in Canada have been costly failures in the United States, wasting tax dollars and bankrupting state budgets. Following our path presents obvious and significant risks to Canadians.”

Among the 28 signers of the letter are many law enforcement officials working in border areas. They pointed to the illegal cross-border marijuana trade as sustaining gang activity in the region.

“Organized crime groups move marijuana to the U.S. from British Columbia and return with cocaine and guns,” said Stamper. “Prohibition continues to fill the coffers of organized criminals, making communities on both sides of the border less safe.”

Eric Sterling, who helped the U.S. Congress write the federal mandatory minimum sentencing laws, cautions: “As counsel to the U.S.  House Judiciary Committee during the 1980's, I played a major role in writing the mandatory minimum drug sentencing laws which later turned out to not only be ineffective in reducing drug use, but which directly contributed to the disastrous overincarceration problem in this country. I urge policy makers in Canada to learn from our mistakes.”

Canadian Senator Larry Campbell, a member of LEAP’s advisory board and a former member of the RCMP and its drug squad, added: “I am hopeful that my Senate colleagues will listen to the voice of experience, and take into account the advice from leading U.S. law enforcement officials to avoid mandatory minimum sentences. The U.S. and many of its citizens have suffered greatly due to the inflexible and dogmatic nature of mandatory minimum sentences, and Canada would be wise to learn from and avoid that costly and socially destructive mistake.”

U.S. Becoming More Progressive than Canada with Marijuana Policy

While Canada moves towards stricter sentencing with Bill C-10, many states in the U.S. are shifting in the opposite direction, toward control and regulation of the marijuana trade. The law enforcement officials pointed to the 16 U.S. states and the District of Columbia that have already passed laws allowing medical use of cannabis, the 14 states that have taken steps to decriminalize marijuana possession and the initiatives to fully tax and regulate marijuana that are likely to appear on statewide ballots this November in Washington State, Colorado and possibly California.

“We assume this news will not make you consider closing the borders with the United States,” the law enforcement officials write in their letter.

For a copy of the law enforcement letter, please visit http://www.leap.cc/wp-content/uploads/2012/02/regulation-in-canada.pdf

Law Enforcement Against Prohibition (LEAP) represents police, prosecutors, judges, prison wardens, federal agents and others who want to legalize and regulate marijuana and other drugs after fighting on the front lines of the "war on drugs" and learning firsthand that prohibition only serves to worsen addiction and violence. More info at http://www.CopsSayLegalizeDrugs.com.

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FOR IMMEDIATE RELEASE
: February 22, 2012
CONTACT: Tom Angell – (202) 557-4979 or media@leap.cc
                      Steve Finlay – (604) 315-5635 or steve.finlay@leap.cc

Friday, February 11, 2011

LEAP Commends Liberal Party of Canada for Opposing Mandatory Minimums (Press Release)

Cops and Judges Commend Liberal Party Leaders for Opposing Mandatory Minimum Drug Sentences

Law Enforcers Say Increased Penalties Won’t Reduce Drug Use

OTTAWA, ON -- An international organization of police officers, judges, prosecutors and federal agents is cheering the announcement by leaders of the Liberal Party of Canada that they will oppose Bill S-10, which would create new mandatory minimum sentences for marijuana and other drugs. The Liberal Party’s opposition seriously jeopardizes the bill’s chances of being enacted into law.

Although Law Enforcement Against Prohibition (LEAP), the police group, does not endorse or support any political parties or any candidates for office, it does oppose Bill S-10 and the criminalization approach to drug control in general.

"The Liberal party has correctly pointed out that Bill S-10 would impose an enormous burden on taxpayers,” said Randie Long, a former prosecutor and LEAP spokesman, “but that is not the worst aspect of the bill. The bill’s supporters claim that it would increase public safety. As law enforcement professionals with decades of personal experience attempting to enforce drug laws, we in LEAP know that this is absolutely false. In fact, mandatory minimums for growing marijuana would strike hardest at the “small fry” – at friends, neighbours and relatives who simply do not belong in prison. Prison spaces are expensive and scarce: We might well be forced to release violent criminals early to make room for those who receive mandatory minimums. How would that make us safer?”

Among other things, Bill S-10 proposes to require mandatory minimum sentences for anyone convicted of growing as few as six marijuana plants.

“It is ignorant and dishonest to call the Liberal party and the other opponents of Bill S-10 ‘soft on crime,’ as some supporters of the bill have,” says Long. “Mandatory minimums are not tough on crime; they are dumb on crime. If Bill S-10 became law, the worst and most powerful gangsters would celebrate. Mandatory minimums, like other intensified enforcement efforts, do nothing but remove their competitors.”

“Mandatory minimums have been tried for decades here in the US, and have failed miserably,” adds Neill Franklin, the executive director of LEAP and a former narcotics cop in Baltimore, Maryland. “They have helped drive state governments to the edge of bankruptcy, and have left critical public services such as education starved for money. Even worse, they have ruined the lives and futures of thousands of people, while making organized crime even stronger and doing absolutely nothing to reduce drug abuse. It is unbelievable that any other country would consider imitating this disastrous experience.”

Eric Sterling, the primary author of America’s federal mandatory minimum laws, testified before the Canadian Senate last year in opposition to a previous version of the bill, emphasizing the failure of these laws in the US. Video of Sterling’s testimony is online at http://www.youtube.com/watch?v=xobbgyr2OQs

Law Enforcement Against Prohibition (LEAP) represents police, prosecutors, judges, federal agents and others who want to legalize and regulate drugs after fighting on the front lines of the "war on drugs" and learning firsthand that prohibition only serves to worsen addiction and violence. For more information, visit http://www.CopsSayLegalizeDrugs.com.

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FOR IMMEDIATE RELEASE: February 11, 2011
CONTACTS:  Steve Finlay – (604) 255-7741 or s_k_finlay//at//yahoo//dot//ca
Tom Angell – (202) 557-4979 or medi//at//leap//dot//cc

Saturday, December 5, 2009

Eric Sterling's comments on bill C-15

Eric Sterling is a member of the advisory board for Law Enforcement Against Prohibition, and he is also president of the Criminal Justice Policy Foundation. On October 28th, he testified by videoconference before the Canadian Senate Committee on Legal and Constitutional Affairs. It was in regards to bill C-15 which proposed a mandatory minimum sentence of six months in jail for as little as six marijuana plants.

The committee hearings are over now, but his testimony still raises some good points, namely:

1) The manner in which mandatory minimum sentences dilute the impact of law enforcement resources.

2) The inability of drug courts to scale to demand.

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