Who is the Colorado Criminal Justice Reform Coalition?

Our mission is to reverse the trend of mass incarceration in Colorado. We are a coalition of nearly 7,000 individual members and over 100 faith and community organizations who have united to stop perpetual prison expansion in Colorado through policy and sentence reform.

Our chief areas of interest include drug policy reform, women in prison, racial injustice, the impact of incarceration on children and families, the problems associated with re-entry and stopping the practice of using private prisons in our state.

If you would like to be involved please go to our website and become a member.


Wednesday, April 16, 2008

Editorial - Justice Unhinged

Nice editorial from David Borden at Stop The Drug War

One of the basic elements of the US system of justice, a founding principle in fact, is that of the trial by a jury of one's peers. The jury is seen as a safeguard against tyranny, and has also been a matter of pride representing the strength and quality of our democracy.

No kangaroo courts, we say, no railroading by the system, and above all justice based on facts. If just one of the 12 jurors on a case feels that guilt has not been proven beyond a reasonable doubt, that juror should vote not guilty and then a conviction shall not be obtained -- another trial can be held, if the government thinks it's worth it, but a conviction is not obtained that time. If they all vote not guilty, then not guilty is the verdict, and the matter ends.

It is hoped thereby that the innocent will be protected from the overwhelming power of the state. Because another one of our founding principles is that it is better to let many guilty persons go free rather than convict and even incarcerate one innocent.

Unfortunately, while for many defendants in the courts those principles are still the law, for others they merely describe what once was. The wrench that unhinged justice was the "war on drugs." Within the '80s drug war, perversions were wrought that allowed those whose guilt was unproven to be punished, and in fact those who were acquitted of charges brought against them to also be punished.

One such perversion was civil asset forfeiture. In that corrupt practice, a charge is leveled not at a person, but at a piece of property. If the property is found to have been used in the commission of a drug crime (and some other kinds of crimes), it is "guilty," and the government can take it whether the owner knew about the lawbreaking or not. Some restrictions have been placed on this practice by states and even the feds from time to time, but they have been largely ineffective. The result of forfeiture is the disgusting spectacle of government agents stealing from members of the public -- the thefts ranging from dollars and cents on the street up to cars or even homes and retirement savings -- with the profits going to law enforcement agencies where they are spent on various purposes, many questionable.....


JUSTICE UNHINGED

2 comments:

Anonymous said...

the drug war needs to be stopped. Drugs need to be legalized and follow the way alcohol is handeled.
Above all stop the practice of agents stealing peoples property.
The money spent on the drug war each year would be better spent on retiring the national debt. djw

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