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Cole LeonardProfessor BedellCAS 137H4 November 2015Weak on Drug CrimeWhen Francis Scott Key branded America as the “land of the free and the home of the brave” he watched Fort McHenry bombarded with gunfire while he sat in captivity aboard a British vessel (Key Pens the Star Spangled Banner). Today the freedom of 1 out of every 100 citizens is diminished from an overly robust American prison system (Adam Liptak). As a nation, we imprison more of our citizens than does any other nation in the world, more people than India, more people than China, and more people than Russia (Christopher Hartney), and yet we still blindly regurgitate the words of Francis Scott Key as an appreciation of the “great” country in which we live. As a nation we are no longer the home of the free, we are the home of income inequality, the home of racial injustice, and most importantly the home of the imprisoned. Yet, as a nation we are finally starting to change. For years America endorsed the doctrine of “tough on crime,” which includes mandatory minimums and the three strikes policy. These practices have created a nation that values punishment over reform and have subsequently filled our prisons to capacity with non-violent drug users serving exorbitantly long sentences. However, within the last five years our nation has slowly begun to shift away from the “tough on crime” policies implemented from the 1980s though the 1990s. Because of the growing acceptance of the use of marijuana, prison overcrowding, the growing cost associated with operating prisons, and the changing view that prison is for reform rather than punishment, America is currently undergoing a paradigm shift that has caused the American legal system to go weak on drug crimes, which will eventually improve racial equality and income equality. The tough on crime movement truly began in the late 1960s and early 1970s to counteract the growing crime in America, particularly in relation to drug possession. From the moment that Richard Nixon declared a “War on Drugs” in the year 1971, until the year 2008, the American prison population progressively enlarged (Incarceration). The tough on crime movement had a three pronged approach to keep drug offenders in prison: increase police funding and drug awareness to expand the number of annual arrests, implement the three strikes system to prolong sentences for each successive drug related felony, and issue mandatory minimums for the sale and possession of certain drugs. This would largely continue from 1960 to today, and the general trend has been that overall drug use has progressively increased, largely due to the dramatic growth in marijuana use (A Brief History of the Drug War). For years these strict policies were used with the understanding that locking up an increasing amount of these drug users will lead to a decline in drug use, a theory sound in thinking but faulty in practice. Despite the firm stance on drugs and growing number of arrests, the number of users continued to rise, and it has been proven that increasingly tough sentences do not actually deter drug use (Joycelyn M. Pollock). For years America’s prison populations continued to grow because of the growing number of drug, in particular marijuana, arrests occurring annually. Then, starting with the Obama administration, the number of drug arrests actually started to go down, with 100,000 fewer marijuana related arrests, something that had not happened ever since Richard Nixon’s first declaration of a “war on drugs” This in itself came as a major change, but then President Obama offered clemency to 46 non-violent drug offenders on a single day, the most within a twenty-four hour period since the presidency of Lyndon Johnson (Peter Baker). There are additional plans to release even more non-violent drug related offenders from prison in the upcoming years, a major change that was never discussed during the tough on crime years. Just this year in fact, the legal system, which was previously created when the tough on crime policies were dominant, was rewritten when the Supreme Court of the United States deemed that the three strikes law on a national level was unconstitutional, thereby granting the states the right to decide whether they want to implement the former law once again (Ali Reagan). Mandatory minimums are also on the decline, as both the President and the states have taken measures to reduce the minimum sentences associated with many drug related crimes (Christopher Ingraham). The reduction of mandatory minimums is not only applicable to marijuana related offenses, even though they do represent the majority of the mandatory minimum sentences; in fact, the first reduction in mandatory minimums occurred in 2010 in regard to crack-cocaine, and passed Congress with a bipartisan majority. This reform in sentencing, proof of a shift to acting weak on drug related crimes, will allow fairer sentences for roughly 3,000 possession offenders annually, and retroactively fixed 8,800 unfair sentences (Crack Cocaine Mandatory Minimum Sentences). This past week in fact over 6,000 criminals were released from Federal prisons with shortened sentences, many of them drug offenders, after the political elites of both major parties fully recognized that the war on drugs was a mistake (Erik Eckholm). All of these reforms to the struggling American legal system were previously unimaginable during the tough on crime years, indicating that America is currently undergoing a major paradigm shift when it comes to drug related prison sentencing. Of the recent reforms to the legal system regarding drugs, the alterations associated with marijuana have been the most profound. During the war on drug years, a total of twenty-three million people were arrested for marijuana related crimes, and for the most part that number always increased from the initial declaration of war during Nixon’s presidency until the beginning of Obama’s administration (People Sentenced For Drug Offenses). Marijuana use reached new peaks following the year 2000, and consequently arrests related to the drug represented the near majority of all drug related arrests. In fact, possession marijuana arrests represented just under 46% of all drug related arrests in the year 2010. However, attitudes of marijuana have started to dramatically change across the country as proven by the successful push for legalization or decriminalization across the country. Currently, four states, Alaska, Colorado, Washington, and Oregon have fully legalized the recreational use of the drug, and cities across the nation, such as Philadelphia, have simply made possession of small amounts of marijuana a misdemeanor, rather than a federal offense that can lead to decades of imprisonment (Marijuana Legalization and Regulation). Because marijuana arrests comprise the near majority of all drug related offenses, and the country as a whole is moving towards recreational legalization, society has shifted to going easy on marijuana offenses. There is absolutely no point for someone to serve a mandatory minimum sentence of 10 years for possession when marijuana is entirely legal in 4 states and a misdemeanor in cities across the country. In Colorado alone, 10,000 people were arrested for marijuana offenses; following legalization, the state has started releasing them with expunged records (Colorado Governor Set to Release), simply proving the obvious point that marijuana legalization and decriminalization at the state and local levels in this country have caused the federal government to shift away from its tough on crime movement in relation to marijuana. The changed view of marijuana has also marginally helped to alter the overall perception of drugs, as evidence by the decreasing mandatory minimums of other drugs following its legalization. In 2013 both Colorado and Washington legalized marijuana, and within six months the percentage of cases determined by mandatory minimums dropped. By moving towards legalization, America will ultimately save massive sums of money and help relieve the overburdened prison system.Prison expenses and prison overcrowding are major issues in America because of the three strikes law, mandatory minimums, and the crackdown on drugs, which were all introduced during the tough on crime years. In fact, the growing prison populations and the rising costs associated with housing these non-violent offenders has significantly contributed to the paradigm shift away from the tough on crime movement. During an interview, North Carolina Governor Bev Perdue touched on how prison overcrowding is pushing her to try to decriminalize marijuana, saying “there’s one, surefire way to reduce the prison population, and the taxpayer costs, without releasing dangerous, violent criminals back into our communities. It’s called decriminalizing the possession and use of marijuana” (Decriminalize Marijuana, Cut Prison Costs). The issues of marijuana legalization and prison overcrowding are very much intertwined, so as prisons get more crowded more people call for legalization, and as more people call for legalization the American legal system shifts to going easier on drug related crimes.As of September 30th, 2014, roughly 50% of all inmates were locked up for drug related offenses (Nicole Flatow); therefore, roughly 23% of all prisoners are in for marijuana related offenses, a drug that is now steps away from being legal throughout the United States.American prisons have well surpassed their capacity, and federal prisons are 37% overcrowded (Against His Better Judgment). Incarceration in America has increased 357% from just 1980 to 2005 (Debra Warner and Joseph Edward Marquez), and that number continued to grow until 2008, when the prison population started to decline. This massive increase in the prison population in a relatively short period of time has put immense strain on the prison system as a whole, and the Bureau of Prisons has seen its requirements pushed to a limit. Back in 1980, the ratio between correction offers to prisoners was roughly one to four, yet as of 2005 it was around one for every eleven prisoners. Additionally, the number of necessary building repairs exceeded 150 annually, further proving that our infrastructure simply cannot sustain the tough on crime policies (Debra Warner and Joseph Edward Marquez). Prison overcrowding, and the growing cost associated with the influx of these non-violent felons has strained our government, and has helped cause the massive shift in our legal system regarding drugs. As of September 30th, 2014, roughly 50% of all inmates were locked up for drug related offenses (Nicole Flatow); therefore, roughly 23% of all prisoners are in for marijuana related offenses, a drug that is now steps away from being legal throughout the United States. Of all marijuana related arrests, 88% of them were simply for possession (Releasing Nonviolent Drug Offenders), therefore roughly 20.5% of all those in prison are in for marijuana possession. Releasing these non-violent offenders, such as what President Obama has done by granting clemency, and as what Colorado has started to do with its non-violent inmates, has helped to alleviate the pressure on the prison system. These non-violent inmates pose no real threat to society, and have been convicted of a crime that will not likely be considered as one in the near future. By releasing them, the federal government can save upwards of nine billion dollars considering marijuana offenders represent 20.5% of all inmates That number simply accounts for marijuana offenders, so when non-violent possession offenders as a whole are considered, the number nearly doubles (The 50-Billion-Dollar Question). This does not even include the fact that prison construction and maintenance can be slowed, which would prevent the government from spending millions of additional dollars to deal with prison overcrowding. Reducing arrests and releasing non-violent drug offenders has the potential to save the government tens of billions of dollars that would have been wasted housing and feeding offenders, and these savings can be used to fund programs that actually deter crime, which will eventually make our country safer. Political pressure from overcrowded prisons and stretched budgets has caused the government to shift to a weak on drug crime stance. Ultimately, punishing drug users with excessive mandatory minimum sentences and inflated three strikes sentences, rather than rehabilitating them for their addictions, is simply taking away space in prisons, wasting taxpayer money, and perpetuating drug use.Long sentences simply cause overcrowding and do not actually reduce crime. This is because the prisons from the tough on crime era simply punished the convicts with overly long incarceration in an attempt to scare off crime, rather than actually reform the behavior. While this policy seemed smart because it would scare away crime from happening in the first place, most of those at risk for criminality did not even know about the penalties, so the fact that these prisons were not reforming inmates simply perpetuated the cycle of wrongdoing (Joycelyn M. Pollock). When the exorbitant sentences were combined with a lack of reform, prisons became quickly overcrowded and everyone in the nation had to pay, either with their tax dollars or with years of their lives. Recently, America has moved away from the ideology that prison is simply for punishment, and returned to the years preceding the tough on crime movement, when prison was supposed to reform crime. It has been proven that time does not cure crime, whereas rehabilitation and educational programs actually do, and America is finally starting to recognize that. Governor Cuomo of New York has implemented such reforms to give free college educations to convicts so that when they are released they can function positively in society (Woodman, Andrew). This changed view of the role of prison has ultimately reinforced the new weak on crime stance, by trying to fix crime while in prison rather than merely punish it with excessive sentences. With all of the money that it can save by releasing non-violent drug offenders, the government can implement rehabilitation and teaching programs in prisons, which actually can reduce crime and future drug use.While saving money and reducing crime and drug use are extremely important, the most significant benefit of the recent weak on drug crime movement comes to those convicted of drug related crimes, because mandatory minimum sentences and the three strikes law have ruined lives. Such excessive sentences eliminate years of earning potential, and make the assimilation into regular life difficult because of the amount of time segregated from society. Take for example the story of Weldon Angelos, a non-violent first time offender who is currently serving a 55 year sentence for a marijuana related offense because he happened to be carrying a gun at the time of his arrest. Angelos will not be able to see his kids again until well into his sixties because of mandatory minimums, and his family has lost 55 years worth of income he could have earned. Both Weldon and his family are suffering from his marijuana related offense (Last Week Tonight), at a time when states are legalizing its use and when 77% of Americans do not even approve of mandatory minimums (New Poll Finds). Soft on drug crime has the potential to return non-violent offenders to their families where they can actually earn money and move their lives forward, which will be facilitated by the reemerging college program designed to improve assimilation. Shortening sentences and not even arresting citizens in the first place will additionally help to deter welfare dependence and diminish the poverty rate because these former convicts have the chance to earn money for themselves and their families. Anyone arrested of drug charges cannot receive cash or food stamps from welfare, furthering the cycle of poverty for families and increasing the chances for a future arrest (Poverty and the Criminal Justice System). When thousands were released early after the reformed sentences for crack-cocaine possession, their rate of recidivism, or the rate they returned to prison, was lower than the national average because they had an extra chance to turn their lives around (Crack Cocaine Mandatory Minimum Sentences). Not only did the tough on crime years prolong the cycle of poverty, it also helped to perpetuate race inequality because African Americans and Latinos are arrested at a much higher rate for drug possession and distribution. By softening up on drug related crimes, these minority groups will have a chance to earn a living and improve their lives. With the paradigm shift to weak on drug crime, the future of America seems much more equal in relation to both income and race. The prison system in America has consistently repressed minorities and the impoverished with the tough on crime policies and the war on drugs. Yet, there is still hope for American equality, because as a nation we are currently undergoing a paradigm shift. Rather than following the tough on crime policies, the American legal system is starting to soften up in regards to non-violent drug offenses because of the growing acceptance of marijuana, the overcrowding and high costs of prisons, and the growing belief that prison is for reform rather than punishment. As perfectly summed up by the words of Erik Eckholm of the New York Times “the shift reflects concerns about the severe overcrowding and expense of federal prisons and, even more, the widely shared sense among many leaders of both political parties as well as criminologists that the harsh federal penalties of the war on drugs were often too extreme.” The tough on crime policies have failed to work as expected, and finally the nation is starting to realize the error in its ways and revert to the years preceding 1970, when we treated crime fairly. If America truly wants to reduce crime and minimize drug use it must implement reforms that maximize rehabilitation in a shorter prison sentence, saving general costs and helping to eliminate repeat offenders, instead of the current policy of holding them for an excessive amount of years and failing to provide the basic necessities such as an education to properly integrate them back into American society. When Francis Scott Key wrote the Star Spangled Banner, America was a beacon of freedom and equality; yet, the tough on crime policies have replaced freedom with a systematic cycle of inequality. The current paradigm shift of moving the American legal system to act weak on drug crime will restore the sacred words of our nation anthem, so we can once again be “the land of the free and the home of the brave.”Figures referenced from footnotes45720057150022860094551500center392430000center000right17716500Works Cited"The 50-Billion-Dollar Question." Huffington Post. N.p., n.d. Web. 2 Nov. 2015. <;."Against his better judgment." Washington Post: n. pag. Print.Ali, Reagan. "Supreme Court Strikes Down Unconstitutional ‘Three Strikes’ Law." Mintpress News. N.p., n.d. Web. 2 Nov. 2015. <, Peter. "Obama Plans Broader Use of Clemency to Free Nonviolent Drug Offenders." The New York Times: n. pag. Print."A Brief History of the Drug War." The Drug Policy Alliance. N.p., n.d. Web. 2 Nov. 2015. <;."Colorado Governor Set To Release Those Convicted On Marijuana Related Charges, Expunge Records." National Report. N.p., n.d. Web. 2 Nov. 2015. <;."Crack Cocaine Mandatory Minimum Sentences." FAMM. N.p., n.d. Web. 2 Nov. 2015. <;."Decriminalize marijuana, Cut Prison Costs." Creative Loafing Charlotte. N.p., n.d. Web. 2 Nov. 2015.Eckholm, Erik. "Thousands Start Life Anew With Early Prison Releases." The New York Times: n. pag. Print.Flatow, Nicole. "Police Made More Arrests For Drug Violations Than Anything Else In 2012." Think Progress. N.p., n.d. Web. 2 Nov. 2015. <, Christopher. Fact Sheet Research from the National Council on Crime and Delinquency. N.p.: n.p., n.d. Print."Incarceration." The Sentencing Project. N.p., n.d. Web. 2 Nov. 2015. <, Christopher. "The Justice Department is getting smart about drug sentencing. Here’s the data to prove it." The Washington Post: n. pag. Print."Key pens Star-Spangled Banner." . N.p., n.d. Web. 2 Nov. 2015. < Week Tonight. Television.Liptak, Adam. "1 in 100 U.S. Adults Behind Bars, New Study Says." The New York Times: n. pag. Print." Marijuana Legalization and Regulation." Drug Policy Alliance. N.p., n.d. Web. 2 Nov. 2015. <, Dylan. "The black/white marijuana arrest gap, in nine charts." The Washington Post: n. pag. Print."New Poll Finds 77% of Americans Support Eliminating Mandatory Minimums for Non-Violent Offenses." FAMM. N.p., n.d. Web. 2 Nov. 2015. <;."People Sentenced For Drug Offenses In The US Correctional System." . N.p., n.d. Web. 2 Nov. 2015. <, Joycelyn M. The Philosophy and History of Prisons. N.p.: n.p., n.d. Print." Poverty and the Criminal Justice System." . N.p., n.d. Web. 2 Nov. 2015. <;."A Primer: Three Strikes - The Impact After More Than a Decade." Legislative Analyst Office. N.p., n.d. Web. 2 Nov. 2015. <;."Releasing Nonviolent Drug Offenders Would Save Billions" . N.p., n.d. Web. 31 Oct. 2015. <, Debra, and Joseph Edward Marquez. Prison Overcrowding. N.p.: n.p., n.d. Print.Woodman, Andrew. "Bringing Rehabilitation Back to Prisons." Huffington Post. N.p., n.d. Web. 2 Nov. 2015. <;. ................
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