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Recent Mexican laws Contrast with Oklahoma on Drug Possession

To the horror of the “zero-tolerance-for-drug” people, the Republic of Mexico has decided to be lenient with those caught with small amounts of drugs.  The new laws allow up to about four joints of marijuana for personal use and about one-half gram of cocaine, which translates into about four “lines” of cocaine or half the weight of a paperclip.  The limits for heroin and methamphetamine are about half the size of a pencil eraser, for LSD about enough to make a few grains of salt. Oklahomans must even show identification to purchase some cold medications at a pharmacy because those medications contain ingredients used to manufacture methamphetamine.  Previously such cold medicines were purchasable over the counter.  No more.  And some credit this tightened policy with a significant drop in the number of meth labs making methamphetamine in Oklahoma. “That’s just a reckless policy to have,” said Mark Woodward spokesman for the Oklahoma Bureau of Narcotics about the new Mexican policy.  It takes away a huge deterrent away from someone using drugs.”  No surprise that this agency is completely against backing up one inch in the “War on Drugs.” Are we winning the “War on Drugs?”  Most criminal defense lawyers in Oklahoma would be skeptical.  I guess the argument to continue the “War on Drugs” is that the drug situation would be even worse if we ever let up, if we ever stop prosecuting to the maximum against any use of any drugs at any time in any place no matter what.  That is one reason the United States allows those in serious, genuine pain to suffer so much, unlike European governments, because “drugs” are medically indicated to address pain and “drugs” are seen in the United States as inherently evil and criminally tainted, something to prosecute rather than to use as a medical tool to alleviate suffering. The new Mexican laws do not make it strictly legal to possess the enumerated small quantities of drugs, but such users arrested face drug treatment instead of jail, so long as no violence is involved. About 90-95 per cent of the illegal drugs entering the United States come across the Mexican border.  That is why drug enforcers in the United States worry about the more permissive law in Mexico.  “I think it’s going to increase the work of our customs agents,” Oklahoma Attorney General Drew Edmondson said.  Law enforcement commonly develop a prosecution for large amounts of drug distribution or trafficking from witnesses prosecuted for possession of small quantities.  Without the arrests for smaller amounts, the thinking goes, the potential for larger prosecutions diminishes.  Whether those arrested for the smaller quantities possess the smaller amounts for personal use or not, law enforcement will lose the leverage over them to reach up the distribution ladder without the threat of jail on the smaller fish. The new law allowing possession of smaller amounts in Mexico is intended to concentrate on catching and prosecuting the big dealers rather than the smaller possessors of drugs.  Mexican President Felipe Calderon reportedly hopes the new law will help with the increasing drug addiction in Mexico. Mexico has seen a doubling in drug addiction in six years to 307,000, according to a Mexican government study.  Meanwhile drug use in the United States has remained fairly constant at around 10 million from 2002 to 2007, according to the National Survey on Drug Use and Health.   The number of Mexicans who have tried drugs, which is not the same as “drug use” and certainly not “drug addiction”, rose to 4.5 million.  Mexico has a population roughly one-third that of the United States.

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Are Crime Statistics Reliable?

Posted by Edmond Geary on 01-10-2011

Public officials always tout their programs as successes.  But sometimes that success is make believe.  When public officials are in charge of reporting the program’s results, the reporting merits watching.

The New York Police Department is now suspected of manipulating their crime statistics to make the results appear to show lower crime.  Compstat is a computerized mapping system that tracks criminal patterns credited with reducing major crimes.  But current and former officers have voiced concerns that the program has created intense pressure to reduce crime each year to reduce crime each year and has led some supervisors to misclassify major crimes.

A year ago, an academic survey that included more than 100 retired police officers who were captains and higher-ranking reported being aware of ethically inappropriate changes to crime statistics in the major categories of felonies measured by CompStat.  An investigation is underway by the Internal Affairs Bureau that crime complaints in the 81st Precinct in Brooklyn were intentionally downgraded to make the number of major crimes appear lower.

Now the police commissioner has appointed a panel to look into the integrity of the department’s internal crime-reporting system.  Commissioner Raymond Kelly has announced the creation of the Crime Reporting Review Committee and said the committee would have broad access to the people and documents to review the Police Department records, tracks, and audits its crime numbers.   He explained the panel was formed, not only to maintain the confidence of the public but because reliable crime statistics are necessary for effective planning and evaluation of crime-reduction strategies.

Of course, Kelly has always downplayed criticism of the program.  He said that already the police department’s Quality Assurance Division has been monitoring crime reports.  In reviewing 50,000 arrest reports a year, it found only a 1.5 per cent miscalculation rate.

The chief spokesman for the department, Paul Brown, explained the panel was created because there was a “lot of false or unfair accusations against the Police Department.”   The panel will have 3-6 months to complete its study.  It is composed of three members, all of whom have worked in the United States Attorney’s office in the Southern District of New York.  They are David Kelley, who was United States Attorney in that office from 2003 to 2005, Sharon McCarthy who was special counsel to Governor Andrew Cuomo when he was attorney general of the State of New York, and Robert Morvillo, a noted criminal defense lawyer who may be remembered for defending Martha Stewart.

Brown said the department had 100 people assigned to auditing, who routinely audit each precinct each year, examining at least 600 cases in each station house every 12 months.

Peter Vallone, chairman of the New York City Council public safety committee, has been gathering evidence for months to prepare for his own hearing on the issue.  He says he will now wait until the panel has delivered its conclusions.  He asserts his own belief that “the statistics were in fact being manipulated.”  He says he has spoken to many current and former police officers who have corroborated that fact but who have refused to go on the record.

In 2005, Mark Pomerantz as chairman of the mayoral commission created to monitor the Police Department’s project to root out corruption told the City Council’s public safety committee that the commission had sought to review reports of fraudulent claims for police overtime and charges of sexual misconduct and domestic violence by police officers, but was stymied by the department’s failure to provide information.

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