In the same vein as recent posts on this blog, the New York Times has an excellent article on the financial and societal costs of lengthy prison sentences for non-violent drug offenses: http://www.nytimes.com/2012/12/12/science/mandatory-prison-sentences-face-growing-skepticism.html?adxnnl=1&emc=eta1&adxnnlx=1355346297-vJTHk8jMY5jg6VRF0aT8Ng
This afternoon I was researching an issue involving a very modern trend: the trafficking of medical marijuana from states where it is legal to those where it is not. As I searched for case law to help my client, I stumbled upon a Colorado case from 1942, Payne v. People. It is the kind of case that is a marvel to read. Its language is antiquated. It openly and unabashedly projects the prejudice and racism of our past. And, in the end, it shows that certain principles of justice are so powerful that they cannot be suppressed.
Wanda Lee Payne was about the least likely person to be treated justly by the criminal justice system in Colorado in the early 1940s. She was 22 years old, she was black, she was a prostitute, and she was charged with killing a white man. The allegation was that Wanda lured Mr. Mott, a white man, into an alley to have sex. Once Mott was in the alley, he was beaten to death and robbed of his money ($5.00) and his watch by Wanda’s boyfriend/pimp and another man, both of whom were black. Afterward, Wanda and the two other men split the money and Wanda destroyed the watch to conceal the crime.
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It has been several months since I have posted. Frankly, I have been so busy practicing law that I haven’t had time to write about it. However, I wanted to just pass along a couple matters that have been in my “blog bin” for some time.
The economics of incarceration has made for strange bedfellows. For many years, “liberals” (to use a generic term) and those concerned with both individual and human rights have been advocating for less incarceration and more rehabilitation. “Conservatives” and law and order folks have been promoting more incarceration and less rehabilitation as a way to address crime. However, the incredible cost of the later approach has made conservatives re-think their policies, especially in light of the economic situation in this country and the dire financial situation that many states and counties find themselves in. In South Dakota, that change in attitude led to the recent passage of Senate Bill 70, which is a sweeping reform of our criminal justice system. It places a much greater emphasis on rehab programs and lowers the penalties for many non-violent drug and alcohol offenses. The legislation was promoted by our Republican governor and passed by a predominantly Republican legislature.
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