California News
Published: July 16, 2010
Marijuana's 'Debt Code Effect' Challenges the Real Foundation of the Criminal Justice System
By Millard Hampton
EXODUS Online - Most of us have often wondered, why does a sexual predator, the type who preys upon children for sexual pleasure receive a lighter prison sentence than a person who has been convicted of three non-violent felonies? Why does a person who sells or possess enough marijuana to be termed as sales according to California law be sentenced to 25 years in prison. Whereas a man convicted of sexually assaulting a woman only receives a sentence from probation to eight years in prison.
In California a non-violent crime against yourself imposes a stricter penalty than a violent crime against others including women and children. It leaves families who's children are victims of these horrible crimes asking why did they let a sexual predator out of jail to kill or permanently disable others? And why is the federal government so bent upon making criminals of people who have problems and addictions? It seems Americans who get caught smoking for personal pleasure, for a medical condition or medically treat themselves due to falling short on achieving the "American Dream" fill California's prison cells.
This Issue Runs Much Deeper
Industries inside many of America's prisons, use prison labor to assemble products, as cheap farm labor and more. Companies that hire prison labor prefer non-violent prisoners. Violent prisoners are unable to perform these jobs due to their violent disposition. Non-violent prisoners, serving long sentences like three strikes is even better. No medical insurance to pay, no union to negotiate wages and benefits are attractive to companies who want to reduce costs. Plus the non-violent offender is willing to do anything to get away from the general population. Companies typically pay prison employees a whopping 30 to 90 cents an hour!
Companies also get paid to build prisons, sell food, clothing and bedding for inmates. Prison facilities in California has created one of the states most powerful unions by employing nearly 30,000 prison guards, records clerks and managers.
In essence the prison system in America is so powerful that it has created a market and engineered laws that imprison people for not only violent crimes but non-violent as well. The rub is repeat non-violent offenders receive disproportionately higher sentences than many first time and repeat violent offenders. Could this phenomenon have something to do with cheap slave labor?
Many experts conclude and have written that today's prison system is an extension of slavery. It is my opinion that some state and federal laws like possession of more than 28.5 grams of marijuana and possession of crack cocaine are simply 'Debt Codes'.
What is a Debt Code?
A debt code is a law written to make a person repay to society a wrong committed against it. The use of marijuana in California became a crime in 1913 and was characterized as a crime against the people. Even though this crime primarily effects the individual using the substance it was deemed necessary to prevent future crime by federal law and state law makers during the 1930's to present.
The root of prison labor began after the Civil War in 1865. Law makers wrote laws making it a crime for a freed slave who didn't finish share cropping duties. These freed slaves became felons and served long prison sentences doing hard labor. The Parchment Farm was known as the most infamous slave labor prison.
Butterfly Effects
In 1890 through 1908 Southern States enacted laws primarily aimed at African and poor White Americans convicted of a felony. Anyone convicted under these laws would permanently lose their right to vote in those states. These laws helped to change the outcome of elections and kept poor whites and blacks from working together.
In California felons can vote only after their parole period has ended. Other states with the exception of Kentucky and Virginia allow felons to vote after completing their sentence under various rules. Additionally law makers allow employers to force people convicted of a felony to report their conviction on employment applications practically eliminating their chance of receiving a living wage. This law often results in felons who have supposedly repaid their debt to society to a life of poverty or lawlessness leading to subsequent convictions and imprisonment.
Cheap Labor Benefits for Companies
The cheap labor system in prisons is so good in America, why not own a prison? California's inmate population was 19,600 in 1977. Private Prisons became an industry when Ronald Reagan was President and excelled under President Clinton. Today California has 165,000 people in prison. California has the largest prison population of the 50 states. In fact California has a larger prison population than France, Germany, Singapore and the Netherlands combined. The labor pool is rich with non-violent offenders who need help according to Private Prison advocates.
Wall Street has invested in Private Prisons throughout the United States. Companies such as Cornell Companies, Corrections Corporation of America and Geo Group have reaped massive profits by investing in prisons. In October 2009 The Wall Street Journal reported Private Prisons have a lock on business. California's budget crisis has lead to discussions about releasing non-violent offenders which is not good news for these companies. The Wall Street Journal reported, "Any reform that shortens sentences will hurt private prisons."
Tearing Down Old Walls
California NAACP President Alice Huffman's recent comments on supporting Proposition 19 targets a long held civil rights abuse with deep roots dating back to 1865. Julian Bond, former NAACP has commended her for her stand on removing marijuana as a crime against the people. Huffman's stance has undergone much resistance from power brokers, corporate media, California Correctional Peace Officers Association and private prison companies.
Some religious leaders caught in the fever of the moment have called for Huffman's resignation without knowing all of the facts. Unfortunately in their statements they promote old racists prejudices that if marijuana was legal there will be African Americans smoking weed everywhere. When in fact African American marijuana use is only 7.3 percent. Huffman cited a report by the Drug Policy Alliance that said African Americans represent 7% of the population but 22% of marijuana arrests.
Ministers who preach should look over the pews during Sunday Church service which is more often than not filled with women because so many African American men are incarcerated for non-violent crimes. I applaud Ms. Huffman for attempting to eliminate the Civil Rights abuses in California which are implicit in our drug policies and laws, which adversely impact and disenfranchise people of color.
End Results
On June 15, 2010 the Supreme Court agreed to review a lower court order that would have released one quarter of California's prisoners. The prisoner release is on hold until the Supreme Court makes it decision which is expected early 2011. Most Americans already have a good idea on how the Robert's court will rule on this issue. We also know if the Supreme Court doesn't change much in the future how they will eventually rule on Proposition 19 in California when they hear this case.
