The following is from DRCNet's The Week Online, #161:
This is how the United States federal government fights its War Against Drugs. And don't forget the two-step:
And the DEA's comment:
Can it get any scarier? Yes, it can!
__________
It's Quiz Time:
* How do you bargain for less jail time when arrested for drug dealing?
Answer: Provide substantial evidentiary assistance to the prosecution of other, related crimes.
* How do you do that?
Answer: Roll. Snitch. Sing.
* Which of my associates should I betray?
Answer: Varies. Typically, a light-skinned, English-speaking dealer moving duffel-bags of merchandise can reduce their sentence by handing to authorities his support network. ("His"--women generally get screwed badly in these circumstances; you might as well have dark skin.) For instance, two 19 year-olds bound for Harvard are serving twenty years for a badly-proven cocaine-delivery case. In this case, documented by several legalization/sentencing-reform groups, two dark-skinned brothers, age 19 and bound for Harvard, were convicted without physical evidence of cocaine delivery. The primary evidence against them was the testimony of their alleged boss in the operation. This man, who ended up serving three years for moving many pounds of coca- and opiate-derivative substances, reduced his sentence by throwing his dime-bag dealers and mules to the authorities. The brothers, age 19 at their arrest, will see freedom shortly before their fortieth birthdays.
__________
This spreads even further. Imagine:
* A friend at work is busted for delivering a small amount of cocaine.
What happens next? It might not be unreasonable to fear the following scenario:
* Joe is busted for delivering cocaine.
* Joe is shown a picture of you getting out of Joe's car (with Joe) at a restaurant. Joe, seeking a lighter sentence, says, "Yeah, s/he worked with me on these things." But Joe has a slight conscience, and says, "But s/he was small potatoes."
* The police obtain a warrant based on Joe's accusation.
* Officer Friendly shows up with a warrant to search your house, your car, and everything you own.
* You are removed from your property during the search.
* Civil Asset Forfeiture is invoked. In order to prevent you from defending yourself with dirty money, your house is seized, your cars are seized, and your accounts are frozen. Don't worry, though, about how to dump your stocks if the market goes bad while you're in the legal fight; they're not your stocks, anymore.
* Your children are placed in foster care. Scotty, 14, gets a black eye in a fight with foster-pop the first week, and years later you find out Sarah was touched inappropriately by her caretakers.
* Joe is convicted of cocaine delivery and sentenced to the mandatory minimum, say, 5 years. But his trial took 2 years, so after adjusting for time-served and good behavior, Joe is out on the streets again after six to eight months.
--Your story now reads along two primary possibilities--
* You are convicted, without physical evidence, and based solely on Joe's say-so. You are sentenced two 12-20 years in prison. Or ...
* You are acquitted due to prosecutorial ineptitude or police impropriety (you know, those wuss "technicalities" people speak so ill of?), but spend the remainder of your life working 60 hours a week to pay for your past legal expenses while also trying to recover your children from the foster service. Oh, by the way, you will never see your house or cars again. They now belong to the state. Your ruined stock portfolio? Even if it was yours now, it's your own fault for getting yourself investigated while the market turned south. You might try suing Joe, but that won't, for a number of reasons, get you squat.
* Oh, did I mention that you're innocent?
(Some people may have noticed a trend toward reforming Civil Asset Forfeiture. Several ballot measures received the people's endorsement on election day. Suffice to say that law enforcement's not happy, but to list the reasons why sounds like I'm inventing a racketeering plot for a bad novel. This is our country; this is your life, and mine. There is so much about society that we see fit to change. Given that we can use nuclear weapons against living societies, I don't see what's so scary about reshuffling our priorities so that they reflect the liberty we harbor quietly in our shadowed hearts.)
thanx,
Tiassa
------------------
Whether God exists or does not exist, He has come to rank among the most sublime and useless truths.--Denis Diderot
[This message has been edited by tiassa (edited November 27, 2000).]
[This message has been edited by tiassa (edited November 28, 2000).]
It seems like the DEA and the Los Angeles US Attorneys' office just never learn. Despite scandals surrounding million-dollar DEA informant Andrew Chambers earlier this year, in which it became public knowledge that Chambers had lied repeatedly in courts across the land about his criminal record, his taxes, his payments from the DEA, and his use of false names, Chambers is on the prosecution witness list in a Los Angeles federal court case set for February.
The Week Online reported on Chambers' career in June (http://www.drcnet.org/wol/139.html#supersnitch). By that time, three federal courts had called Chambers a liar, Attorney General Reno had personally ordered his removal from the DEA payroll, and the DEA was supposedly nearing the end of an investigation into its use of Chambers and the role its agents played in covering up his crimes and lies.
This is how the United States federal government fights its War Against Drugs. And don't forget the two-step:
Assistant US Attorney Lizabeth A. Rhodes, who is prosecuting the case, told the Post-Dispatch she does not know why the original prosecutor did not hand over the information to defense attorneys, but that she had done so.
She attempted to finger the DEA. "It's a DEA case," she said.
And the DEA's comment:
Asked by the Post-Dispatch about why prosecutors would be willing to use a discredited, suspended informant, DEA spokesman Mike McManus demurred. "That's not our decision," he said.
Can it get any scarier? Yes, it can!
Rhodes also pled ignorance about Chambers, arguing that there were just too many government snitches to keep track of them all.
__________
It's Quiz Time:
* How do you bargain for less jail time when arrested for drug dealing?
Answer: Provide substantial evidentiary assistance to the prosecution of other, related crimes.
* How do you do that?
Answer: Roll. Snitch. Sing.
* Which of my associates should I betray?
Answer: Varies. Typically, a light-skinned, English-speaking dealer moving duffel-bags of merchandise can reduce their sentence by handing to authorities his support network. ("His"--women generally get screwed badly in these circumstances; you might as well have dark skin.) For instance, two 19 year-olds bound for Harvard are serving twenty years for a badly-proven cocaine-delivery case. In this case, documented by several legalization/sentencing-reform groups, two dark-skinned brothers, age 19 and bound for Harvard, were convicted without physical evidence of cocaine delivery. The primary evidence against them was the testimony of their alleged boss in the operation. This man, who ended up serving three years for moving many pounds of coca- and opiate-derivative substances, reduced his sentence by throwing his dime-bag dealers and mules to the authorities. The brothers, age 19 at their arrest, will see freedom shortly before their fortieth birthdays.
__________
This spreads even further. Imagine:
* A friend at work is busted for delivering a small amount of cocaine.
What happens next? It might not be unreasonable to fear the following scenario:
* Joe is busted for delivering cocaine.
* Joe is shown a picture of you getting out of Joe's car (with Joe) at a restaurant. Joe, seeking a lighter sentence, says, "Yeah, s/he worked with me on these things." But Joe has a slight conscience, and says, "But s/he was small potatoes."
* The police obtain a warrant based on Joe's accusation.
* Officer Friendly shows up with a warrant to search your house, your car, and everything you own.
* You are removed from your property during the search.
* Civil Asset Forfeiture is invoked. In order to prevent you from defending yourself with dirty money, your house is seized, your cars are seized, and your accounts are frozen. Don't worry, though, about how to dump your stocks if the market goes bad while you're in the legal fight; they're not your stocks, anymore.
* Your children are placed in foster care. Scotty, 14, gets a black eye in a fight with foster-pop the first week, and years later you find out Sarah was touched inappropriately by her caretakers.
* Joe is convicted of cocaine delivery and sentenced to the mandatory minimum, say, 5 years. But his trial took 2 years, so after adjusting for time-served and good behavior, Joe is out on the streets again after six to eight months.
--Your story now reads along two primary possibilities--
* You are convicted, without physical evidence, and based solely on Joe's say-so. You are sentenced two 12-20 years in prison. Or ...
* You are acquitted due to prosecutorial ineptitude or police impropriety (you know, those wuss "technicalities" people speak so ill of?), but spend the remainder of your life working 60 hours a week to pay for your past legal expenses while also trying to recover your children from the foster service. Oh, by the way, you will never see your house or cars again. They now belong to the state. Your ruined stock portfolio? Even if it was yours now, it's your own fault for getting yourself investigated while the market turned south. You might try suing Joe, but that won't, for a number of reasons, get you squat.
* Oh, did I mention that you're innocent?
(Some people may have noticed a trend toward reforming Civil Asset Forfeiture. Several ballot measures received the people's endorsement on election day. Suffice to say that law enforcement's not happy, but to list the reasons why sounds like I'm inventing a racketeering plot for a bad novel. This is our country; this is your life, and mine. There is so much about society that we see fit to change. Given that we can use nuclear weapons against living societies, I don't see what's so scary about reshuffling our priorities so that they reflect the liberty we harbor quietly in our shadowed hearts.)
thanx,
Tiassa
------------------
Whether God exists or does not exist, He has come to rank among the most sublime and useless truths.--Denis Diderot
[This message has been edited by tiassa (edited November 27, 2000).]
[This message has been edited by tiassa (edited November 28, 2000).]