Tag: war on drugs

Categories
jury rights and duties

The New Nullifiers

It’s happened before: The people are speaking up. In court. As jurors. As citizens.

A Missoula District Court could not impanel a jury in a marijuana possession case. Potential jurors refused to say that they would follow the law in convicting a person for possessing a sixteenth of an ounce of the popular weed. One juror wondered why the county was “wasting time and money prosecuting the case at all.” The flummoxed Deputy Missoula County Attorney Andrew Paul called it “a mutiny.” 

The judge said he’d never seen anything like it.

Too bad.

Jury nullification is an old idea, a democratic idea. I wrote about it a few years ago, in reference to the growing movement to recognize it as a principle of law. Voting isn’t the only check citizens have against bad laws. Juries have a right to judge the law as well as the facts in the case, no matter what usurping judges tell them.

The most spectacular instances of jury nullification in American history regarded slavery. Many northern juries revolted against enforcing the Fugitive Slave laws, to the consternation of slave-owners.

The current case didn’t quite get to full nullification, in legal terms. Instead, it approached nullification practically, forcing prosecutors to bargain the case down. 

This citizens’ revolt against some of the absurdities in our War on Drugs indicates that we can expect bigger changes in the future.

This is Common Sense. I’m Paul Jacob.

Categories
Accountability folly general freedom too much government

How Dare You Say We Waste Our Time?

Businessmen tend to be extremely concerned about efficiency, even to the point of talking incessantly about things like “performance metrics.”

Bureaucrats? Not so much.

Indeed, the merest suggestion that a program isn’t cutting the mustard can bring on protests of outrage. John Payne, writing on The Lesson Applied, caught my attention to one such instance. Quoting from the Associated Press, he reveals the passion and “logic” of former “drug czar” John Walters:

“To say that all the things that have been done in the war on drugs haven’t made any difference is ridiculous,” Walters said. “It destroys everything we’ve done. It’s saying all the people involved in law enforcement, treatment and prevention have been wasting their time.”

Payne’s no-​nonsense response? “Yes, that is exactly what critics of the drug war are saying.”

Why did Walters take such umbrage? Could it be to intimidate us into not thinking about the evidence that drug-​war critics present? Or questioning the logic of the whole program?

And the logic is a tad shaky: Allegedly to prevent some people from ruining their lives, we ruin those lives and many, many others. 

Hundreds of thousands of people in prison. Billions in property confiscated without due process. Innocents shot in no-​knock raids — including dogs, little girls … and the police themselves from innocent Americans defending themselves from seemingly anonymous attackers in the night. 

Drug abuse can be very bad. I know. But Constitution-​abuse can be worse.

This is Common Sense. I’m Paul Jacob.

Categories
general freedom national politics & policies too much government

Government Isn’t Love

Dear Reader: This “BEST of Common Sense” comment originally aired on January 7, 2002. There are tough problems in the real world. Many of them cannot be solved by “public policy” or faceless bureaucracies, but only by people who care about and for each other. Realizing the limits of government doesn’t solve every problem, but it does prevent some problems from getting even worse. —PJ

Recently I joined the growing chorus calling the war on drugs a failure. My comments were provoked by a DEA raid against the Los Angeles Cannabis Resource Center, a place where cancer patients in pain can obtain marijuana that is legal under state law, but illegal under federal law.

Well, I got a flurry of responses. Some said we need to get tougher. A woman wrote: “Paul, the way to stop drugs is to instantly execute people who push it — no trial.”

On the other hand, a gentleman wrote: “Until we start seeing addiction as a medical rather than criminal problem, we’re never going to get out of the bunker in this failing war.”

But one listener summed up what many folks were trying to say. He wrote: “Okay Paul, I agree with you. But what is your proposed solution?”

There are many solutions. The war on drugs hasn’t prevented the damage done by addiction or alleviated the pain felt by loved ones. We’d all love to pass some law that would miraculously solve the problem, but there is no magic wand.

The problem of addiction has to do with individual people and their individual circumstances. And that’s how it must be addressed: Individually, by people who care, not by distant bureaucracies who may do more harm than good. 

Ultimately, love is the answer, because love does conquer all. But government isn’t love.

This is Common Sense. I’m Paul Jacob.