| January 6, 1999 #080 | ||||||||||||||||
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A DrugSense publication | ||||||||||||||||
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Table of Contents
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FEATURE ARTICLE (Top) | ||||||||||||||||
What a Drug Sentence Really Means | ||||||||||||||||
When I was sent to prison, the judge mentioned just the length of my
sentence. Had he included the entire scope of my punishment, he may
have said it differently | ||||||||||||||||
"Mr. Goodman, I sentence you to take responsibility for every social
ill -- past, present and future. Each time America runs out of foreign
enemies, it apparently turns on itself to find more. By way of media,
politics and indifference, people who break the law, good law or bad,
become those enemies and are then responsible for every social malady.
Whether this is logical, you are the culprit. | ||||||||||||||||
"You are sentenced to live in a maladaptive, alien environment that
defies description. You'll be stripped of your work skills, your
self-worth and your humanity while at the same time face the daily
threat of assault, rape, false accusations and unjustified punishment.
You will live like this for seven years. If you manage to reenter
society as a productive person, some will say prison was just what you
needed. If not, others will say, 'I told you so.' | ||||||||||||||||
"Because of counterproductive prison policies, you are sentenced to
live in a world of cruelty and indifference that engenders the very
behavior it purports to alleviate. If you share this with those outside
of the prison system, you will be called a liar; most won't believe
that millions are spent on the proliferation of facilities that
perpetuate harm, not repair it. | ||||||||||||||||
"You are sentenced to consume $150,000 in taxpayer dollars for your
prison stay. While lawmakers cite the ever-growing cost of
incarceration as a public necessity, you will learn that 10 percent of
that amount goes towards your daily needs, while the other 90 percent
pays for a bloated prison bureaucracy immune from any cost-benefit
analysis. These tax dollars will be siphoned from school programs,
child care and job training, all of which do make our communities
healthy and safe and save millions in the process. | ||||||||||||||||
Despite the media frenzy that portrays society as seething with crime,
you'll learn that relatively few prisoners represent a danger to our
communities; we're mad at most felons, not scared of them. So you'll
wonder why the majority of prisoners aren't on home arrest, a logical
move that would save millions of dollars and obviate the need for more
prisons. | ||||||||||||||||
"Practical education programs, universally proven to drastically reduce
recidivism, will be almost nonexistent. In fact, you will be
disciplined for possessing more than 10 books. Therefore, you will live
in an environment where recidivism it tacitly encouraged, a fact not
lost on those who want to run prisons for profit. | ||||||||||||||||
"It is true that there are some counseling programs in prison and some
people will benefit from them. Yet, if you attempt to describe the
futility of a therapeutic environment placed within an atmosphere
replete with dehumanizing policies, you will be told that your
intentions are distorted and without merit. | ||||||||||||||||
"You are sentenced to bear the wrath of a misinformed society. While
you're experiencing everything I just said, you will be told how easy
you have it. The media will find your Christmas meal more newsworthy
than the damage caused by lawmakers who jostle for the next 'get tough'
policy at the expense of society's well-being. Your privilege to have
this once-a-year meal will be presented as so outrageous, a debate will
ensue over which 'luxury' to take away next. Politicians will focus on
violent sociopaths and pronounce their horrific crimes as a yardstick
to measure the innate danger and incorrigibility of all law-breakers,
including you. | ||||||||||||||||
"Finally, as perhaps the most perverse component of your sentence, I
hereby prohibit society from ever listening to you. Your comments on
crime and punishment will be ignored. You, as well as others, will see
the big picture, but few will care about the politics of crime and its
role in our growing prison population. You will know that most
prisoners are guilty of breaking the law, but only a few need to be
separated from society. You will know that it is the reporting and
sensationalism of crime that has skyrocketed, not crime itself.
Unfortunately, though you will one day return to society with firsthand
knowledge of our prison system, few will care; most see only the door
leading into prison, not the one leading out. | ||||||||||||||||
"Therefore, if your opinion ever gets printed in a newspaper, you will
not only be perceived as just another lawbreaker unable to accept the
consequences of his actions, but of being manipulative as well. Society
will know this to be so because you once broke the law. | ||||||||||||||||
"You are hereby sentenced to be a messenger whose message will be
forever perceived as tainted, self-serving and disingenuous, regardless
of its veracity and accuracy. | ||||||||||||||||
"No one will believe you." | ||||||||||||||||
"You have been sentenced to be a criminal." | ||||||||||||||||
-- Jeff Goodman, of Eagan, is a software engineer. He spent time in
prison as a first-time nonviolent offender. | ||||||||||||||||
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WEEKLY NEWS IN REVIEW (Top) | ||||||||||||||||
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Domestic News- Policy COMMENT: (Top) | ||||||||||||||||
A thoughtful op-ed focuses on the transition from indignation over
another's personal behavior to invocation of criminal sanctions
against that behavior. While such a step seem normal in a theocracy,
it is fraught with danger in any nation claiming to be a secular
democracy. | ||||||||||||||||
The next article is all the more frightening because it's from Oregon,
the state that just voted for medical marijuana and against
recriminalization. Portland's policy measure in pursuit of drug
purity is little different than requiring German Jews to wear yellow
stars in the Thirties. | ||||||||||||||||
MAKING CRIMINALS OF US ALL | ||||||||||||||||
Feet stomp. Fists pound. Fingers point. | ||||||||||||||||
But whom should we blame for our popular President's unpopular impeachment and impending Senate trial? Mr. Clinton and the Democrats blame Kenneth Starr and the Republicans, who in turn blame the President and the Democrats, who blame Linda Tripp, Monica Lewinsky, Lucianne Goldberg, Paula Jones, her lawyers or a host of others. | ||||||||||||||||
But the root of the scandal lies elsewhere: in the surfeit of intrusive
laws that would make criminals of almost anyone the Government decides
to investigate. | ||||||||||||||||
[snip] | ||||||||||||||||
At what point do the evils of intrusive, well-meaning laws outweigh their benefits? When does a law's reach exceed its grasp? | ||||||||||||||||
[snip] | ||||||||||||||||
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In the next few months, the City Council will consider whether to label
a large chunk of residential North and Northeast Portland a drug-free
zone. | ||||||||||||||||
Such zones aren't new--Portland already has four. What makes this zone
different from the rest is its sweeping scope. | ||||||||||||||||
[snip] | ||||||||||||||||
A drug-free zone is a tool to target repeat drug offenders. When a person is arrested on drug charges in one of the zones, he is not only punished for the crime, but he is also excluded from the area for a year. If he's caught in the zone during the exclusion period, he's subject to search and arrest on criminal trespass charges. | ||||||||||||||||
[snip] | ||||||||||||||||
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COMMENT: (Top) | ||||||||||||||||
In another example of drug policy confusion at the local level, a New
England newspaper complains that methadone clinics don't reduce the
incidence of heroin addiction. That's like expecting the penicillin
used for treating syphilis to cure promiscuity. | ||||||||||||||||
NEW METHADONE CLINIC SEIZES RICH OPPORTUNITY IN A VACUUM | ||||||||||||||||
New Bedford really hasn't come very far since the debate over needle
exchange, when the victorious opponents satisfied their consciences
with the empty promise that they really, really wanted treatment for
drug addicts instead of "free needles." | ||||||||||||||||
[snip] | ||||||||||||||||
The clinic supporters point out that these methadone centers don't create new addicts; they simply tend to the needs of the existing ones. | ||||||||||||||||
That's true as far as it goes, but it omits the fact that methadone clinics don't seem to be giving us any fewer addicts, either. Instead of being trapped on heroin, addicts are trapped on methadone.... | ||||||||||||||||
[snip] | ||||||||||||||||
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COMMENT: (Top) | ||||||||||||||||
The next item suggests that the phenomenon of local law enforcement
going out of its way to harass medical marijuana users wasn't unique
to California. | ||||||||||||||||
On the other hand, things may be about to change dramatically in the Golden State, depending on the will of newly elected AG Bill Lockyer. | ||||||||||||||||
MEDICAL POT USE DOESN'T STOP ARRESTS | ||||||||||||||||
Mother, Aids-Afflicted Son Jailed after Police Find Plants | ||||||||||||||||
Despite a new state law that allows some medical use of marijuana, a
61-year-old Tacoma woman and her blind son who has AIDS were arrested
this week after Tacoma police found three marijuana plants in their
home. | ||||||||||||||||
[snip] | ||||||||||||||||
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LOCKYER HOPES TO ENFORCE STATE MEDICAL POT LAW | ||||||||||||||||
Prop. 215 On new attorney general's agenda | ||||||||||||||||
When Bill Lockyer takes on his new job as state attorney general this week, one of his top priorities -- and biggest challenges -- will be enforcing the voter-approved medical marijuana initiative. | ||||||||||||||||
Lockyer's support of the marijuana initiative is part of an agenda
he plans to pursue that would dramatically change one of the
state's most powerful offices. | ||||||||||||||||
His predecessor, Dan Lungren, made crime, prisons and victims'
rights the centerpiece of his administration. But Lockyer said his
mission includes not only combatting crime, but reviving
environmental and civil rights protections, areas that he said were
badly neglected by Lungren. | ||||||||||||||||
[snip] | ||||||||||||||||
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COMMENT: (Top) | ||||||||||||||||
To attribute the drop in violent crime to a change in youth's attitude
towards crack is to beg the most obvious question: what role did drug
prohibition as policy play in creating the violent crack market? Also,
given that a mature crack market has lost its allure for youth, what
purpose is served by obscenely unequal mandatory minimum sentences for
crack possession? | ||||||||||||||||
SHARP DROP IN VIOLENT CRIME TRACED TO DECLINE IN CRACK MARKET | ||||||||||||||||
New statistics released Sunday by the Justice Department are helping criminologists resolve a contentious mystery -- why violent crime has dropped seven straight years after an upsurge in the 1980s. | ||||||||||||||||
[snip] | ||||||||||||||||
Violent crime surged unexpectedly with the crack epidemic starting
about 1985, and then began to fall, equally unexpectedly, in 1991.
Only in retrospect have law-enforcement authorities and criminologists
been able to theorize about the causes of the rise and decline in
violent crime. | ||||||||||||||||
[snip] | ||||||||||||||||
The sharp drop in violent crime starting in 1991 can be accounted for
by the reversal of these same forces, in what Johnson and Golub
described as "an indigenous shift," as youths who came of age in the
1990s turned against smoking or selling crack. | ||||||||||||||||
[snip] | ||||||||||||||||
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Law Enforcement & Prisons | ||||||||||||||||
While many of us are alarmed by a prison crisis that has been building
for years, the idea is just beginning to receive cautious recognition
in official circles. That the Chief Justice of a court which has given
away so many individual rights has finally got a clue is indeed
newsworthy. | ||||||||||||||||
The focus of the second article is more parochial, but important
nevertheless; California is a bellwether state; Wilson's prison
policies will prove a disastrous time bomb if the new administration
doesn't soon start changing the way things are done. | ||||||||||||||||
Meanwhile, on the East Coast, New York's prototypical harsh Rockefeller Laws will receive some paid adverse publicity. Unfortunately this wire story didn't make a major paper. | ||||||||||||||||
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Demanding a fundamental change in the nation's crime-fighting strategy, Chief Justice William H. Rehnquist yesterday called on Congress to halt the politically popular practice of enacting federal laws against an ever-greater number of crimes once handled in state courts. | ||||||||||||||||
"The trend to federalize crimes that traditionally have been handled in
state courts . . . threatens to change entirely the nature of our
federal system," Rehnquist said in his year-end report on the federal
judiciary. | ||||||||||||||||
[snip] | ||||||||||||||||
"Because Congress has not only federalized most drug crimes but has
imposed Draconian punishments for them, we have a situation now where
prosecutors have the discretion to choose between bringing state
charges or going to federal court where the same drug offense can
produce dramatically higher sentences, and the defendant gets whipsawed
in the process," said David Cole, a professor at the Georgetown
University Law Center. | ||||||||||||||||
[snip] | ||||||||||||||||
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ENVIRONMENT AND CRIME -- MAJOR ISSUES | ||||||||||||||||
Tougher On Criminals Than Prosecutors Were; 3-Strikes Law Proved It | ||||||||||||||||
SACRAMENTO -- In the middle of a nearly hysterical anti-crime
atmosphere brought about by the slaying of 12-year-old Polly Klaas,
Gov. Pete Wilson was asked to back a tough new sentencing law supported
by prosecutors. Wilson rejected the bill. | ||||||||||||||||
Instead, he came out in favor of an even more rigid and harsh measure,
the "three strikes and you're out" proposal backed by victims' advocate
Mike Reynolds that eventually became law. | ||||||||||||||||
Wilson's choice four years ago symbolizes the crime policy he followed
throughout his eight years as governor: support for the most severe
punishment possible, even measures considered too extreme by law
enforcement officials. | ||||||||||||||||
[snip] | ||||||||||||||||
Critics, however, say Wilson's policies have been shortsighted because he has ignored far less expensive ways of preventing and punishing crime. The governor, they charge, has left the state with a bulging prisons budget and a potential prison construction crisis. | ||||||||||||||||
[snip] | ||||||||||||||||
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CRITICS LAUNCH AD CAMPAIGN OPPOSING ROCKEFELLER DRUG LAWS | ||||||||||||||||
ALBANY, N.Y. (AP) - A bipartisan coalition opposing New York's Rockefeller drug laws launched radio advertisements Sunday calling for an overhaul of the rigid 25-year-old sentencing guidelines. | ||||||||||||||||
The 60-second radio spots tell the true stories of people unable to be
with their families over the holidays because they are serving lengthy
prison sentences for relatively low-level drug offenses under the New
York laws, which are among the harshest in the nation. | ||||||||||||||||
[snip] | ||||||||||||||||
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COMMENT: (Top) | ||||||||||||||||
The former Soviet Union housed prisoners in its Siberian gulag. Present US policy is also to isolate prisoners in rural gulags where they are both out of sight and out of mind. Self-interested locals who benefit from the policy also can be counted on not to complain. | ||||||||||||||||
THE LAST WORST PLACE | ||||||||||||||||
The isolation at Colorado's ADX prison is brutal beyond compare.
So are the inmates | ||||||||||||||||
This is it. The end of the line. The toughest ``supermax'' prison
in the United States. | ||||||||||||||||
[snip] | ||||||||||||||||
The ominous objective might seem an odd match for the arid
surroundings of Florence, population 4,000, in what was once cattle
and coal country, south of Colorado Springs. | ||||||||||||||||
But today, this is prison country. There were already nine state-run lockups in the county when eager Florence residents bought 600 acres and gave the land to the federal government, which used it to build four correctional facilities, including the ADX. | ||||||||||||||||
Unparalleled in America, it is the only prison specifically designed
to keep every occupant in near-total solitary confinement, rarely
allowing inmates to see other prisoners. | ||||||||||||||||
[snip] | ||||||||||||||||
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Drug Issues | ||||||||||||||||
COMMENT: (Top) | ||||||||||||||||
This well written piece from the NYT is too long to be meaningfully
excerpted. It should be read, however, by anyone who is curious about
how methadone therapy works in the real world. It's clear that
Giuliani wishes to offer new York's heroin addicts only three choices:
abstain, leave town, or die. | ||||||||||||||||
ON PERMANENT PAROLE: A SPECIAL REPORT | ||||||||||||||||
DAYS ON METHADONE, BOUND BY ITS LIFELINE | ||||||||||||||||
Shortly after 9 A.M., Pamela Carlo arrived at the tiny, nondescript clinic in Chinatown for her daily deliverance. It was a cool day, with a packed gray sky. The tang of fish was in the air. | ||||||||||||||||
She displayed her ID card at the check-in window, consulted the
blackboard to see who had to give a urine sample (she didn't), then
waited on the scuffed linoleum floor until her name finally crackled
over the loudspeaker. | ||||||||||||||||
[snip] | ||||||||||||||||
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COMMENT: (Top) | ||||||||||||||||
On a most welcome and rational note (unthinkable in the US), continued
progress was reported in British government-endorsed exploration of the
medical uses of various natural cannabinoids. | ||||||||||||||||
TOP-SECRET CANNABIS READY FOR MEDICINAL HARVEST | ||||||||||||||||
BRITAIN'S first crop of government-licensed cannabis is to be harvested
secretly for medical research this week by a specially vetted team of
mature botanists. No younger staff were employed to grow the crop
because of fears that they might be tempted to mix business with
pleasure. | ||||||||||||||||
Trials on up to 2,000 people will begin once medicine has been distilled from the plants in the spring, in the hope of developing treatments for illnesses such as multiple sclerosis and epilepsy. | ||||||||||||||||
[snip] | ||||||||||||||||
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International News | ||||||||||||||||
COMMENT: (Top) | ||||||||||||||||
Reuters' report of battles between police and well-armed drug
traffickers in Rio demonstrates an economic "ripple" effect of drug
prohibition as policy: newly created wealth is eventually shared by
criminals and law enforcement. Each side is encouraged to recruit more
manpower and buy more of the latest weapons; this is supposed to
protect the public? | ||||||||||||||||
In Russia; the failure of Communism has literally unshackled a Russian
talent for crime; endemic poverty, global drug prohibition, and a weak
central government now provide that talent with many creative
opportunities to generate wealth. | ||||||||||||||||
DRUG TRAFFICKERS TERRORIZE UPSCALE ZONE IN RIO | ||||||||||||||||
RIO de Janeiro, Dec 28 (Reuters) - Shops and restaurants near the
Governor's palace in Rio reopened on Monday after drug traffickers
forced them to close over the weekend to honour a drug lord killed by
police, community leaders said. | ||||||||||||||||
Residents and business owners in the middle-class neighbourhoods of
Laranjeiras and Cosme Velho said shootouts between rival gangs in the
nearby shantytowns were common, but the forced closings showed a new
level of brashness. | ||||||||||||||||
[snip] | ||||||||||||||||
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DRUG-RELATED CRIMES ON THE RISE IN RUSSIA, STEPASHIN. | ||||||||||||||||
MOSCOW, December 29 (Itar-Tass) - The situation with narcotics
trafficking and drug-related crimes continues aggravating in Russia,
admitted Colonel- General Sergei Stepashin, the Russian Interior
Minister. He stated this on Tuesday, summing up the results of Vikhr-3
(whirlwind) large-scale operation to combat crime that was concluded
this week. | ||||||||||||||||
[snip] | ||||||||||||||||
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COMMENT: (Top) | ||||||||||||||||
Pakistan is a major trans shipment point for Afghan heroin exports.
Can anyone be optimistic that the bust described below represents more
than a transient inconvenience? Skeptics might also be forgiven for
suspecting that good police work was not the only factor in ending a
simple scam which had succeeded for over a decade. | ||||||||||||||||
PAKISTAN BUSTS HEROIN SMUGGLING RING | ||||||||||||||||
KARACHI, Pakistan, Dec 29 (Reuters) - Pakistani anti-drug
authorities said on Tuesday they had busted a smuggling ring that
had mailed up to $1.5 billion worth of heroin out of the country
over the last 13 years. | ||||||||||||||||
[snip] | ||||||||||||||||
He said the alleged smugglers took wrongly addressed parcels and
letters sent to Pakistan, put heroin inside them, changed the return
addresses and mailed them back out of the country. | ||||||||||||||||
[snip] | ||||||||||||||||
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COMMENT: (Top) | ||||||||||||||||
American drug offenders have something to be grateful for: as grim and
inhumane as US punishment has become, it still doesn't hold a candle
to Singapore. | ||||||||||||||||
Nevertheless, caning and imprisonment are less terminal than the Chinese solution: a bullet through the base of the skull. | ||||||||||||||||
JAIL, CANE FOR NOT PROVIDING URINE SAMPLE | ||||||||||||||||
A JOBLESS man who defied narcotics officers by peeing in his trousers
rather than provide a urine sample has been sentenced to six years'
jail and three strokes of the cane. | ||||||||||||||||
Later investigations showed that Loke Tuck Fatt, 39, had taken heroin. | ||||||||||||||||
The Central Narcotics Bureau highlighted the case on Wednesday. Loke
is the first person to be sentenced under the Long Term Imprisonment
rule for failing to provide a urine sample. | ||||||||||||||||
[snip] | ||||||||||||||||
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CHINA'S SHENZHEN EXECUTES 11 FOR DRUG TRAFFICKING | ||||||||||||||||
SHENZHEN, China, Dec 24 (Reuters) - China's southern boomtown of
Shenzhen executed 11 drug dealers, including a teenaged girl, in the
city's second major judicial killing this year, the Special Zone Daily
said on Thursday. | ||||||||||||||||
[snip] | ||||||||||||||||
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COMMENT: (Top) | ||||||||||||||||
In the more pragmatic European setting, the "hard" vs "soft" debate
confirms a belief in the necessity of prohibition, no matter which
side is taken. A more productive format might be "illicit' vs "licit,"
however history suggests that emotions thwart logic in that one as
well. | ||||||||||||||||
EU NATIONS WILL RESIST CALLS FOR MORE TOLERANCE | ||||||||||||||||
THE most liberal of EU governments are resisting any attempt to blur
the borders between hard and soft drugs. Indeed Holland - famous for
its coffee shops permitting the sale and smoking of small quantities of
cannabis - argues that tolerance of soft drugs actually reduces misuse
of harder drugs. | ||||||||||||||||
France and other more conservative states disagree and maintain an across-the-board prohibition. But the effect is the same: the distinction between hard and soft drugs is regarded as necessary. | ||||||||||||||||
[snip] | ||||||||||||||||
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HOT OFF THE 'NET (Top) | ||||||||||||||||
60 Minutes Piece on Swiss Heroin Program Now On-line | ||||||||||||||||
Rolf Ernst has done it again. He got the 60 minutes piece on the Swiss
Heroin Program up in record time. It can be viewed using RealVideo
which is linked from his sight and can be downloaded for free. He has
also reworked his web page and it is better than ever. | ||||||||||||||||
http://www.legalize-usa.org (main page) | ||||||||||||||||
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QUOTE OF THE WEEK (Top) | ||||||||||||||||
`What is ominous is the ease with which some people go from saying that
they don't like something to saying that the government should forbid
it. When you go down that road, don't expect freedom to survive very
long.' - Thomas Sowell | ||||||||||||||||
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NEWSHAWK OF THE MONTH (Top) | ||||||||||||||||
Ken Russell | ||||||||||||||||
Congratulations to Ken Russell for being selected as our NewsHawk of
the Month. | ||||||||||||||||
Since becoming a NewsHawk, Ken has supplied almost all of our coverage
of Australia. DrugSense asked him a few questions: | ||||||||||||||||
DS How did you get into NewsHawking? | ||||||||||||||||
KEN I originally got involved as a result of the MAP project being mentioned on DRCNet's DRCTalk mailing list. Over a period of a few months, what started as the occasional posting, became a regular trawling of Australia's newspaper websites. In recent months I have also been covering the other Australian papers that do not appear on the web. | ||||||||||||||||
DS What do you consider the most significant story/issue of the past months? | ||||||||||||||||
KEN I would have to nominate the recent medical marijuana votes as the
most significant international story. Their impact will continue for many
years to come. In Australia, the moves toward safe injecting rooms in
Canberra is probably the most significant. | ||||||||||||||||
DS What is your favorite website? | ||||||||||||||||
KEN It's difficult to select a favourite from all the quality sites out there. The two that I find most useful are Cliff Schaffer's Drug library and the MAP's news archive. I use both of these on a quite regular basis. | ||||||||||||||||
http://druglibrary.org/schaffer/ | ||||||||||||||||
DS Is there anything else you would like to tell the readers of the Weekly? | ||||||||||||||||
KEN When it comes down to it, drug laws are about prison. No matter what
argument I hear against drug law reform that is the question I return to -
do drug users belong in prison? | ||||||||||||||||
Ken has agreed to moderate our newest mailing list, hawktalk. This list is
for NewsHawks, and those who would like to join the MAP NewsHawking effort
but need some assistance. The focus is on techniques, tools, sources, and
other issues directly related to NewsHawking. It is a low volume email list
which you may sign up for by using the webform at the bottom of the page at:
http://www.mapinc.org/hawk.htm | ||||||||||||||||
Finally Ken asked that all DrugSense and MAP activists be acknowledged. Ken
realizes, as we all do, that this is very much a team effort and all our
editors, NewsHawks, letter writers, staff and board are very important parts
of the whole. | ||||||||||||||||
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