NY Stop & Frisk Deemed UNCONSTITUTIONAL & AG Holder Chin Checks Mandatory Drug Sentences

Al Sharpton

Stop-and-Frisk Practice Violated Rights, Judge Rules-By JOSEPH GOLDSTEIN-Published: August 12, 2013


It took a while to find any semblance of AG Holder’s HISTORIC SPEECH on America’s CRIMINAL JUSTICE SYSTEM.

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21 Responses to NY Stop & Frisk Deemed UNCONSTITUTIONAL & AG Holder Chin Checks Mandatory Drug Sentences

  1. Yahtc says:

    Rally Sign: “Stop Racial Profiling”


  2. rikyrah says:

    bipartisan `War on Drugs’ reform possible?

    By Greg Sargent, Published: August 12 at 3:04 pm

    As expected, Attorney General Eric Holder just delivered a speech in which he proposed long-overdue reforms to ensure that low-level and nonviolent drug offenders without gang ties will no longer face severe mandatory sentences.

    In the speech, Holder painted the need for reform as morally urgent and a practical imperative. “Too many Americans go to too many prisons for far too long and for no good law enforcement reason,” he said. “We cannot simply prosecute or incarcerate our way to becoming a safer nation.”

    Holder proposed both executive and legislative action. The executive changes concern instructions to prosecutors on how to write charges without setting in motion the mandatory minimum sentences. As for legislative changes, Holder referenced a bill, sponsored by Dick Durbin, Patrick Leahy, Mike Lee, and Rand Paul, that would allow federal judges more say over whether mandatory minimum sentences are doled out. The administration appears ready to try to work with Congress to build on this proposal.

    The possibility of legislative change, backed by bipartisan majorities, is not as far fetched as you might imagine. As Ed Kilgore comments:


  3. rikyrah says:

    yesterday’s speech by the AG was a turning point


    August 12, 2013 12:20 PM
    Sentencing Reform Breakthrough?

    By Ed Kilgore

    Today in a speech to an ABA conference in San Francisco, Attorney General Eric Holder is expected to lay out an executive and legislative agenda for sentencing reform, aimed at significantly reducing the number of non-violent offenders (mostly collateral damage in the failed War on Drugs) in prisons.

    Here’s a preview from WaPo’s Sari Horwitz:

    Attorney General Eric H. Holder Jr. is set to announce Monday that low-level, nonviolent drug offenders with no ties to gangs or large-scale drug organizations will no longer be charged with offenses that impose severe mandatory sentences.

    The new Justice Department policy is part of a comprehensive prison reform package that Holder will reveal in a speech to the American Bar Association in San Francisco, according to senior department officials. He is also expected to introduce a policy to reduce sentences for elderly, nonviolent inmates and find alternatives to prison for nonviolent criminals.

    Justice Department lawyers have worked for months on the proposals, which Holder wants to make the cornerstone of the rest of his tenure.

    As a former criminal justice policy wonk, I am exceptionally excited to hear about this grossly overdue initiative. Some of it involves prosecutorial guidelines the Justice Department can more or less self-execute:

    The attorney general can make some of these changes to drug policy on his own. He is giving new instructions to federal prosecutors on how they should write their criminal complaints when charging low-level drug offenders, to avoid triggering the mandatory minimum sentences. Under certain statutes, inflexible sentences for drug crimes are mandated regardless of the facts or conduct in the case, reducing the discretion of prosecutors, judges and juries.


  4. rikyrah says:

    make no mistake…this is one of the main reasons for Holder Hate


    Holder steps up, GOP stands down on sentencing reforms
    By Steve Benen
    Tue Aug 13, 2013 8:00 AM EDT.

    If you missed Rachel’s segment last night on Attorney General Eric Holder’s dramatic announcement on sentencing in drug crimes, it’s well worth your time. Indeed, by any fair measure, yesterday may be one of the most important days of the Obama administration’s second term, at least insofar as criminal justice is concerned.

    Holder declared what many have long argued: too many Americans convicted of non-violent drug crimes are stuck in too many prisons for far too long. It’s a policy that costs too much, ravages families and communities, and has no practical law-enforcement rationale. That the Attorney General is using his prosecutorial discretion to circumvent mandatory minimums is an incredibly important step in the right direction — it’s the kind of move that will put fewer Americans behind bars for low-level, non-violent drug crimes.

    What I was also eager to see were the next-day reactions, most notably from the right. Would Holder face a backlash from Republicans? So far, no. The conservative Washington Times ran this report today:


  5. rikyrah says:

    From Charles Pierce about the ‘War on Drugs’.. he nails it

    … You will hear, often, of the explosion in the United States prison populations “since 1980.” That date is not accidental. We elected a president that year who ran on an implicitly — and, occasionally explicitly — racist appeal to white voters by which he argued sub rosa that those white voters should be frightened of black criminals, and angry at black people who were “exploiting” the welfare system. This was the final triumph of the political calculation made when Harry Dent drew up the Southern Strategy for the Republicans when the Democratic party became identified with the triumphs of the Civil Rights Movement in the 1960′s. It succeeded so well that it kicked off a decade of racial reaction. The accomplishments of the Civil Rights Movement began to be rolled back. (The Justice Department went to court to defend tax exemptions for segregated “Christian academies.”) This, of course, continues to this moment, with the assault on the Voting Rights Act.

    The entire fundmental basis for what became known as “cultural conservatism” was a fear of black crime and an anger at welfare “fraud.” It was an decade of archetypes. Welfare queens. Crack babies. Superpredators. And the national media went along for the ride, because the archetypes were scary enough — “IN YOUR TOWN!” — to move the ratings needle. That very few of them panned out didn’t matter. They served everyone’s short-term goals well enough to become established as fact. Then, in the middle of it all, the “war” on drugs got itself declared, and the face of the war on drugs was a black or brown face, and scared legislatures passed appallingly draconian laws in response. And a lot of black and brown people — an inordinate number, given the population as a whole — got tossed into prisons that are now so overcrowded that most of them are timebombs. So we’re looking at some of those laws again. This is a good thing. But if we really want to do it right, we should look honestly at the history of those laws and decide which consequences were truly unintentional.


  6. rikyrah says:

    MSNBC’s Bashir and Guests: ‘Stop and Frisk’ Ruling an Extension of Trayvon Martin’s Legacy
    by Andrew Kirell | 5:50 pm, August 12th, 2013

    In her ruling against the New York Police Department’s controversial “stop and frisk” policies, Judge Shira Scheindlin reportedly made oblique references to the 2012 death of Trayvon Martin. On his MSNBC show this afternoon, Martin Bashir and guests agreed with the connection, deeming the anti-NYPD ruling an extension of the late teenager’s legacy.

    Bashir asked his guests whether the “stop and frisk” ruling, in conjunction with Eric Holder‘s changes to mandatory minimum sentencing, signals a “substantive legacy” for the late Martin’s life. Professor Jelani Cobb agreed: “I absolutely think so,” he said.

    “I think this will be a turning point in the way we think about these issues,” he continued. “In the ruling today, there were three specific references, one oblique reference, the judge made reference to a hoodie saying if someone’s wearing a hoodie they shouldn’t automatically be suspicious.”

    Cobb continued: “[Judge Scheindlin] quoted directly from that speech that President Obama gave when he talked about the Zimmerman verdict.”

    “It was clear she was tracking this to events in Florida,” the guest concluded.

    Adding to that, Melber noted that the NYPD ruling reflects that it is a “racial profiling” policy, and not simply a “stop and frisk” policy.


    • Xena says:

      The judge heard the dog whistles. What George Zimmerman did to Trayvon killed his body, but not his spirit. See that Zimmerman? Your actions helped the judge in New York make a ruling that profiling is unconstitutional.

  7. Yahtc says:

    People are demonstrating; people are petitioning; people are rallying for the cause!

    We are beginning to see change. The people are being heard.

    May Truth, Kindness, Real Justice and Rejoicing In Diversity WIN the day!

    Let us continue our steadfast determination to demand changes!

  8. Xena says:

    Thank you, thank you, thank you, so much for giving us the GOOD news.

  9. Liza says:

    It’s about time that some of the rights that have been taken away from people, mostly young minority males, are reclaimed. Like the right to walk down the street without being interfered with by “law enforcement.”

    I hope that Eric Holder stays around for awhile at DOJ.

  10. Ametia says:

    21st century solutions, Thank you, AG Holder!

  11. CarolMaeWY says:

    This is great!

  12. Brother’s Gonna Work It out!

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