In an article taken from the ABA Journal, Debra Cassins Weis writes on a report done by an ABA committee and a national group of defense lawyers.
The article is called Decriminalizing Minor Offenses Could Help Indigent Defense.
The report states that the criminal justice system is flooded with petty infractions {OBVIOUSLY} that could be dealt with two front-end reforms: reclassification and diversion. Reclassification simply means changing these petty criminal statutes into civil statutes and give offenders a fine. Diversion has to do with dropping criminal charges if an accused offender completes simple requirements such as community service or rehabilitation.
Seems so simple. Even has an air of common sense. In Texas between 2003- 2005, 51 million dollars was saved by simply giving low level drug possession offenders probation. This frees up indigent defense council to actually do their work effectively. As described in Gideon v. Wainwright which founded the sixth amendment right to council. Since the War on Drugs has started, too many non violent petty drug offenders have ended up behind bars because their council is bogged down with heavy caseloads rendering them ineffective. In many instances, not even familiar with case or client until they are put in front of them in a hearing.
It seems that this report offers some tried and true solutions to problems that our criminal justice system faces . Here's the kicker! The report states that they are trying to solve many of the problems through new ideas as opposed to new money. Makes sense. "But no such largesse is imminent." What!!
Let me explain. There will not be any attempt made now or in the near future to unclog the criminal justice system with petty drug cases because the criminal justice system is not in the business of saving money and protecting citizens rights.
The criminal justice system is an industry that is in the business of creating situations and circumstances that put poor people (African American & Latino) behind bars for long periods of time! The more the better. An entire industry thrives on the backs of indigent (African American & Latino) people. Everyone knows that the War on Drugs is a failure and utilizes billions of dollars annually for government agencies that are all but useless. There have only been a few states willing to do anything about the abscess that we call the War on Drugs.
Two thumbs up to:
Alaska, Colorado, California, Connecticut, Maine, Massachusetts, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, and Oregon
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