WWL>Topics>>7-14-14 11:10am Garland: on decreasing the prison population

7-14-14 11:10am Garland: on decreasing the prison population

Jul 14, 2014|

Garland talks with retired Lt. Cmdr. Diane Goldstein of LEAP, Greg Thompson of Louisianians for Responsible Reform, and Louisiana Senator J.P. Morrell about why Louisiana still penalizes minor drug violations so harshly.

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Automatically Generated Transcript (may not be 100% accurate)

Breathing. Article in New York we have to do in the Evelyn said states push for prison sentence over -- Prosecutors. Pushed back. And when you get in -- says they've lowered taxes -- Mrs. -- appeared deciding there and wasting money and ordered the wrong way and and they are all about. Reducing mandatory minimum sentences for drug appearances in particular. And congress is considering some -- move. Or federal George charges. What is as I read this article that kind of spotlighted. Here and and JP borrow. -- who's -- -- it's just a little bit easier senator. That I think was involved in at least trying sort of conversation about. Pot and the ramifications. Of current laws of pain in. And figure ran up against a brick wall and the -- -- or reports -- On the on the -- against -- and -- in the -- you know and on the line at this point we have lieutenant -- neutered guy and colds and retired. He rejected board member probably and I -- welcomed the show again. Some for having me back com port so foolishly the -- much appreciate set. Will wind whatever it is and in New York where it perfectly. -- ought to people and the talk to people that were that your partner that. Year. As as to why. They won't even entertain come from. And this suit. A good example. Deferred to him whatever -- Deserve the truth. Sorry it lending company now and I didn't for whatever reason I apologize my dog. Is acting up at this point -- What did that to drug sniffing dog and then realized that it. This conversation said the -- Yes that now apparently it's out. And it's it's my lab puppy and fortunately at this point. And the dog from an excellent says. One overdue return of one of her parents -- -- -- that quote. All the time that we know all we have been bald and -- -- bricks and murdered. We can do little to improve our K we'll bring Korb with the important second appearance was that from the marijuana. -- you think we're gonna do. It is that a good argument to it sold weapons. That if they put it down and they take debris that is -- violent. You know I think that definitely need law enforcement is part of the problem. And I think it is one of the things that work and the work on it is really mean. Law enforcement and criminal prosecutors. Two real. Police work and in -- at eighteen the really the easy way out. And and but you know do you stay. And he even have access right now. Have what's called the light on quine. Nonprofit group and read these. They're prison population they've won multiple present in taxes to you know is probably. Equally as tough on crime. At Louisiana -- And all -- on the greens were at their belief that legalizing marijuana. It is that they should do it -- they're moving -- less draconian sentencing standards. And here's another argument. What do you want to do business pro and -- record globes. Biden -- wind blown turnaround do -- -- -- Why I think the issue is number one we need me. Bat over normalization of our society. Really NY cap that has been fiscally and now. And so my question would be for example in California. We seen the direct core relations with the Mormon we invest in prison last -- we invested higher education. And time. And hope for a long time and I think they've been very little to do with that. Cap on crime three strike Sheila. There's there's a variety of different theories and opinions why crimes out. It is actually came much less violent society. K and go see it. In order to continue to reduce -- even more should we start investing -- our children. You know in California conference 50000. Dollars a year to incarcerate. One inmate in the state prison system -- -- That's eight US beat by education. I'll blitzes that. That's her. One year and the inquiry team -- here. If it is me but there. -- to a lot of people. Yelling -- and law enforcement. That ought to believe if you will you retired lieutenant commander -- portrait and his people. Or not aware what lead is pretty usual. Sure we -- -- law enforcement against prohibition and we are an organization. That is made up as a retired. And former criminal justice professionals that cover the whole key element of the war on drugs. And let all that has come to the conclusion. Is that the war on drugs is they failed. Policy. And -- all come to that conclusion from many many different experiences things we have everything from judges to DEA's. The DEA agents to. People who were in the military who did interdiction outside the country at street level cop. To police chief. And and so I think we'd bring that. Credibility. That basically said look we want to be -- on crime. We need to be Smart on crime and one of the ways we can be Smart on crime is by. Re looking at evidence based practices and how best to deal with crime in our community. -- drive and all drugs we know for a fact. That implementing a public health policy would be viewed the cut off. -- -- prison system number one. It would happen -- their positive public health outcomes. Basically would put more money in a plot. Aren't they may be we would put money into places that can actually close the economy. Infrastructure. You know. Businesses. -- and -- really cleaning up our education -- them you know what take care of our children because literally. We are right in the back our children's future. By continuing with this massive. War on drugs machine. Won't won't -- via a resume their dues in this in New York article. Actually one dissenter. In the legislature. You server did have the ability to dangle. Over someone's head to head and twenty years in jail for second -- third violations of -- It provides them with tremendous leverage to prove -- -- whatever they want that thing that goes back to and if they think they've got a murderer on the hand or rapists then don't have the evidence to prove it. 220 years -- and overhead for the good treatment too much confessed to a some sort of short right. Sure absolutely and I think that any abuse that power. And I think that's one of the things that read real -- across the country is that our criminal justice system is no longer about Jack does. We have broken the backs of our communities. Any criminal justice system that they bird the prosecution. And it's not about doing what's right or wrong. About churn these numbers and getting reelected. You know weekend since -- both law enforcement and not prosecutors. From the land. How do you let you make welcome conviction -- -- instead of the overall. Do you have a community is is back conviction. What best serves the community period simple and the story and it it should not just be about punishment. You know think about Louisiana. Yeah there's a lot of issues with the death penalty. With the effect of the drug war on minorities. You know what if it were not released exculpatory. Evidence because. Do you that the district attorney felt that they didn't have to do in twenty years later we we find an insignia. All right let's listen -- break and come back and let's talk about some more of what DA's. Police -- insurance. Talk about when they exceed changing drug loads of very bad idea. Double bill brigades W -- five. Do. You. We Rhode talking with the of retired lieutenant commander -- -- singing. Choose with the executive board. The organization -- law enforcement agents ruled that he. -- it -- -- in the second as you he is. I don't. -- What do what it was I got a guy that. Lead. Members and it's an adult -- judges. And FBI in -- -- Susan. So forth and so right. Yeah. Thoughtful candidate by college kinda you know bat -- ball every person that has touched a criminal justice system. Collection. To line police officers from federal state local share. You know detainees. -- who could possibly send somebody. To -- jail or prison for the war on drugs. And the nice part is that you know it's not that the national effort is really an international effort we're not the league organizations. Or or I should say that this event impacting just law enforcement. In America. We're having this conversation. And the influence literally across the world right now. Eight and so if that thing. -- the interest active way. Have been eight critical ally on to sit down. That. Don't really law enforcement. The criminal that the profession has follow blindly for for forty years. And all but the same as we no longer close are -- to the detrimental effect. What -- incarceration. And specifically the drug war has done in our community. I mean it's interesting from a political standpoint that you cap. Rand -- And then your -- and Cory Booker the far conservative. And be very progressive. Democrat who -- chewing up together. To talk about. Sentencing reform and one of EU laws that the -- recently introduces the redeem. Which equally. Focused on -- and what they're saying. Is there is that compelling case to be made that we should not -- our children and adults until there eighteen. And -- you think that. Our kids have made the day. Growing up you know specific -- issues that the drug war then they should be able to expunge. Records. And -- bomb went there why so they'd suffer collateral consequences. Of convictions or Iraq. And I think part of the issue bet that it can't -- that people aren't talking about and specifically around now one you know it's not just. Bet you go to jail. Yet now five years -- -- drug conviction. Can impact your federally as his own. How can benefit. Food. And while and a bad. Different than any other crime you could be a child murder -- had to file a rate that. A hard court being remembered that she's someone and if you get the -- you can still get federally protected -- Forbid that he you know his colleagues not to join and get hot. Don't rest of their life. The second -- at the collateral consequences from from that. Left in connection. When told fortune and a couple minutes -- from news. The DA's in the U in pure story. And and want to bring in all the publications big huge police. You know why would you take this ability. Political accused Merrill war. To hold this over the head go so I believe we think as the murderers from but I think his written. This this is the way we get them to to plead to what they did. And I looked it up that the ups plea bargain. It now takes up and I need 3%. Of every one charged in this country. If those figures or -- -- ago we compete you a couple of national publications. If those are correct we basically -- country that don't believe in trial in more. -- and is that. We are so many people for drug offenses. That his hate India built the -- where to run either as efficiently or effectively. You know when you. One point five million people a year for all drug offensive. -- the significant impact on how the system turns out you know judges that I know will tell you that you know they. And 90% of all the time you leave with drug cases instead of dealing -- it. Violent defaults or late or other instead or the crime that really impact our community. And I. The -- lot of rape kit in our country Gartman. It's in you know some people say a 100000 but by the DOJ. Only met tracts in the last decade. We have 400000. Untested rape. That's 400000. In women children victims that intentionally. I don't know. What happened to their investigation with the evidence and so -- the things that no one talked about until recently. It's how our war on ride right into that because every time we arrested drug offender and we happened I would hate ordinary have to be. -- drug test takes. Accident Oprah and all cases. -- do the commander a pleasure to have you on the true thank you so much -- -- -- break for news or dual fuel windows lieutenant commander golds in as a member league law enforcement didn't -- Introducing organization -- in holes and everything from them. Federal judges DEA agents FB former police for Europe. A lot of state troopers that virtually all when the rule and law enforcement believes that while we were doing with the drug wars. Was the thing to do and now they are all totally convinced that it's does that. And that should be changed. When we come back hopefully we're gonna talk to you in the center and represented to vote aliens for responsible. Report of the video. Think about it natural report that headline and bread. States all over America put four prison sentence overall by prosecutors are pushing back. And the stories spotlighted -- weeks ago because we have high incarceration. Rates in the country. And because of our recent legislative session were. While Merrill was topic but quickly squelch our share of organization and others. We have votes senator JB Monroe with a senator appreciated the call. Also Greg Thompson with you for responsible report Greg welcome to show. He says in a row what was your stands during the sessions in and one Jews see. Well so. -- republic and from the -- last week. Put together so partisan legislation that essentially. One of Louisiana -- -- -- basically despicable and a you -- second -- also a lot -- to eight years in jail. That that -- conviction. Is that I want. Years jail. That is absolutely draconian. And hurt or else the United States. And -- neighboring states Texas. I'll Mississippi Alabama Arkansas. Marijuana is missed a lot possession and that's. So certainly enough. About our legislation which just simply put. Wheezing and analyze. That possession of marijuana. Is that. And obviously that -- bought or legalize pot or something. Accomplished. Well one of the things I've read. Where I think -- -- -- -- -- for a DA to have the ability. To dangle over somebody's -- 1020 years in -- provides them with tremendous leverage. -- pretty much give whatever they want do they think some -- as a murder rate -- -- robber. They can use the threat -- that fund Merrill swallow them to get among the -- charges. No one is that correct number two. Doesn't that saved. Our legal system in this country. Even of the law. Doesn't have the required evidence that you committed the crime. They can for -- Two confessed to some. Actually set actually answered your question later article. On the issue and that its leverage and it's. The only -- occur at worst it is. Become the second possession purely discretionary. It will be like that person. Connected -- Get picked up a procession of -- hundred and it all out. This stay here or. Body. Just pictures. Out -- jail. And that. All discretion speech that the law subways just what title they currently structure. GQ DA apps discretion. One side that partially issues. -- you or six years it's trying to terrify. -- -- The issue isn't that. Often -- create a constitution. So they're -- court on the chart that they're part. -- -- -- -- Our constitution requires a true that there ever. A system that's been created where. So or -- potentially could have okay. That's actually murderer or drug dealer or whatever. Mechanism. That. They can get. Our sport drug dealer or just trying to sort of Asian. Greg and Doug -- -- -- what -- entered take. While one of its common kind of budget as well a relative -- second because. It's not about our secure prosecutorial discretion you also have to factor and the multiple offender statute. Which it is even more leverage to prosecutors. If that person hasn't marijuana there but it's also happens to have a prior possession of cocaine shipments. That sentences no longer twenty years you look at that. Minimum -- years to a maximum of forty years say take that are ready very -- sentence for what is pretty menial payments. -- -- -- use of the multiple offender statutes. And it gives them an overwhelming amount leveraged and just you know to throw that in there that the multiple offender statute also played very very heavily -- -- and emotional terms that's used not. Just four. Violent offenders sex offenders and process. You know has broad sweep of catching drug offenders. Our Atlantic -- a break come right back -- and trajectory morrow. Greg -- Louisiana report responsible. For. -- We're thinking about natural -- talking about states including Texas Mississippi Alabama. Starting to restructure their prison sentencing. Over drugs. -- going in the opposite direction. We have both senator -- do you row with the spokesman Greg Thompson museum of four responsible. Report. A drill well we're as good a long portion. Start the senator but I think pretty good reason for it. I ask that question all the time. And we look forward or do we really want to reduce crime here. HSBC. Bank -- second largest bank in the world. Out of England -- more billions here than in the U -- and world. They get caught the -- different times for laundering money not we're due with the two drug court tell -- -- terrorist. And they got behind a -- What they make in about a quarter. All the years nobody knew nobody went prison. Then you've got plea bargain. That. That plea -- 93%. Of the people in this country charged. In view of this experts who say we can't do anything else but otherwise you clog our courts and everything and roll hall. Then we've got some big cold the burns law. That allowed Sheryl please stay true you'd name that. In by the book for Padraig in the of the -- they can seize. Homes and cars yachts water over. And that makes a large part of their their budget. Here in Louisiana that you got insurance but making wondered where -- prisoners. So they won't lose that source of the incumbent. -- -- -- -- Jim we believe boom we hear. We're working hard to reduce crime. I think a lot of points are now. Couple that really compromise. All too well how current deal. A lot of particular are very disturbing first. -- -- -- Think there definitely has a problem I'll. Deal with the reimbursed. -- And -- Via the department of corrections as far as. -- money added that in -- in jail basically. That processing people you'll see someone. Who hasn't been put through this system due process. -- be bailed out. Processes often delayed beyond the time period at night where share. Credit for that person in jail. Like that that economic that a problem. Generally speaking. Or disturb them those that. We want people think that being. So for election or that brag about -- ago. Here's how many convention. Last four or. Percent. Well batteries don't want to -- pleases please -- What you want some guy. Or forty years burst there possession of pot. What you or. The scarlet letter. Thank you the streets safer. He made that person on portable. That a person jail and we're also -- like there. Portable. A potentially make the guys to be used setup as recently as children potentially to crumble because. If you can't get a table they can't get killed because without that Maria -- ought to worry. For twenty years or whatever. Merrill -- How that actually fighting that making a lot better ever. Not so. Part that is. Those -- those -- T complexion. Help him deal illusion that the streets are safer. They are making history paper by -- lot of people are minor drug infractions. Or. Structure. And didn't Garland -- he hit upon something you're talking about and talk about the economic interest behind his arms specifically and and I will reiterate. Senator Barack won about folks didn't you know kept overnight that's when their -- to that happened. But anyway. That instead a 170. Million dollars the DS these budget goes to the local share. -- 170 million dollars that represents. I just slightly over 2.5 percent over the years he's total overall budget. You know it's a little disingenuous when they trying to Trout and thousand these public safety arguments plan. You know I think this idea. The economic windfall that he shares did you need to be brought into the discussion. And when they ran the numbers for just the marijuana offenses -- marijuana seconds thirds. You know that's when he hits point three million a year that we span. DSC costs for those folks this year has got about eight million that. -- you know I think that that. Day economic part of it is the money part of it really really really need to be a key part it is debate. Senator. And -- reading yesterday via. Do you say in Brooklyn. It came out and -- is no longer gonna prosecute moved low level marijuana to those cases. And he talks about the rest this year were small amount of Merrill more -- people 86%. So for this year blacks and Latinos. Even those groups in the more likely than whites or or Asians. To smoke pot. It is also a racial issue. It's unavoidable. That look like the fact. That. About it earlier about -- discretion. As horrible as the first sector are are its want an -- has. It is should be terrified to be which -- -- To stop this Russian. That if you are a particular technical person and making sure you were to chart -- -- The fact that this that that be that that terrible. Law. Of course why it. Basically makes. -- -- -- -- Executioner. And probably a lot of conviction. And disproportionately. Chore that moratorium in jewels -- activists -- African American. -- -- whether it's person expert. Or. -- expect -- law enforcement. You know that. People use marijuana for apple. They're just like marijuana is there any particular race. And since the -- Greg Thompson thank you so much were and I appreciate that good. Tokyo.