Articles Tagged with felony

In April of 2010, Mr. Cornell had his home raided by police where 1/16th of an ounce of marijuana had been found – not enough to roll a joint. None of the potential jurors called for the case where willing to consider convicting someone for possessing a very small amount of marijuana.[1]

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November 16th 2010, Touray Cornell from Montana, breathed a sigh of relief and smiled as Judge “Dusty” Deschamps convened his court to report that out of all the potential jurors who had been called, not one would be willing to convict Mr. Cornell. Dumbfounded by the jurors’ decision, the District Attorney quickly spoke to Mr. Cornell’s defense counsel and an immediate plea deal was made. Mr. Cornell walked out free without admitting guilt and without probation.

Mr. Cornell witnessed the power of Jury Nullification, a show of citizen’s power through the legal system have a long and storied history in America. it is the power of Jury nullification and Mr. Cornell saw a version of that power first hand.

In Europe, cacao has become a substance of choice for raves instead of using illicit drugs.[1] The chocolate is generally consumed in either an infused drink with agave and cinnamon, swallowed through a pill, or snorted through the nose.divine-chocolate-300x195

The most popular place for partying with cacao is at Lucid, a monthly gathering in Berlin, “where music, dance, community and natural high vibes roam wild and free.”[2]  The Chocolate Line, a Belgian company, popularized the inhaling of cacao powder when its founder, Dominique Persoone, introduced his chocolate shooter at a 2007 Rolling Stone party. [3] Persoone recommends that the powder be combined with mint or ginger to open and “tinkle” the nose, and that the powder must be cut to prevent caking and burning. Persoone has sold over 25,000 of his snorting devices.[4]

Demand isn’t for Hershey’s bars or cocoa baking powder, but for raw, virgin cacao which is pure and potent and not processed with milk and sugar. Even before the Europeans came to the New World, cacao was consumed and revered by the ancient civilizations. In the Aztec Empire, the seeds were used a form of currency.[5]

Louisiana passed two medical marijuana laws in 2016 signed by Governor Bell Edwards (D-Louisiana). These two laws were SB 271[1] and SB 180[2] both authored by Sen. Fred Mills (R- District 22). These two bills established Louisiana as the 25th state to establish a comprehensive medical marijuana program. Louisiana’s history with medical marijuana, however, provides insights into the struggle to reform a medical program once a state has passed it.

First in the Nation

While it is mostly a footnote in history now, Louisiana was actually the first state in the nation to pass a medical marijuana program back in 1978. Passed only eight years after President Nixon signed the Controlled Substances Act, Louisiana’s original medical marijuana program, authored by Sen. Tony Guarisco (D-Morgan City) and signed by Governor Edwin Edwards (D-Louisiana) allowed patients suffering from glaucoma and cancer to use medical marijuana.

iStock_000009135835_ExtraSmall.jpgSurpassing all other countries in the world on modernization of marijuana laws, legislators in Uruguay passed a bill in December of 2013 to legalize and regulate marijuana nation-wide. Uruguay’s president voiced strong support for the bill, noting a legalized market would reduce illicit drug trade, and signed the bill into law. Uruguayans over the age of 18 may legally grow six marijuana plants, form smoking clubs of 15-45 members with a production limit of 99 plants a year, and buy up to 40 grams or 1.4 ounces each month from government-regulated retail shops. See Uruguay’s New Marijuana Laws here.

Other Latin American countries are not far behind in the movement to reform drug laws away from ineffective criminalization and toward sensible regulations. In Ecuador, lawmakers have debated a bill that would lessen the penalties associated with marijuana. The head of Argentina’s counter-narcotics agency, Juan Carlos Molina, supports debating whether Argentina should follow its neighbor Uruguay’s example.

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dreamstime_xs_22155154.jpgDespite a relatively low crime rate during the last decade, between 1970 and 2010, Texas’ prison population increased by 995%, even though the state’s population only increased by 124% during that same time period. However, Texas’ record-setting incarceration rates are not accidental–meaning this trend can still be reversed. Critics of excessive legislation and prosecutorial strategies such as mandatory minimum sentences stress that our excessive prison population is a direct result of the Texas Legislature constantly criminalizing new acts. Over the last decade, the Legislature has created an average of 40 new felonies during each legislative session while simultaneously increasing penalties for existing crimes. At present, Texas recognizes over 2,500 felony crimes.

Another prime contributor to Texas’ prison population explosion is unarguably the U.S.’s failed war on drugs. At this point, we can all agree that “prison therapy” is hugely ineffective in helping defendants cope with addiction. Considering the fact that over 70,000 people both enter and leave Texas state prisons every year, only 22% of which have been convicted of a violent crime. It should be imperative that we are taking steps to treat and reform inmates during their served time, rather than hoping that imprisonment itself is enough to deter addiction and future bad behavior. Treating a public health problem as a criminal problem is not going to end substance addiction, especially when past imprisonment keeps a person disenfranchised within their community, often without the ability to find a job or place to live. And all too often, the communities that are most impacted by this injustice are young minorities, with a new study finding that by age 23, 49% of black males and 44% of Hispanic males have been arrested, compared with only 38% of white males.

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iStock_000006746569XSmall.jpgUnlike federal law, which more broadly allows officers to make warrantless arrests based on probable cause, Texas laws specify the circumstances when officers can make arrests without a warrant. Understanding these circumstances may better help Texas residents understand the limitations of their rights in police encounters. Knowing the scope of police power can also help Texas residents make smarter choices in their day-to-day actions to avoid undue arrest and imprisonment. There are seven primary types of arrests not requiring an arrest warrant.

On View Arrests: An officer can arrest an individual if the officer views that individual committing any crime in the officer’s presence or within the officer’s view. For an officer to use this type of arrest, the officer must view some part of the crime and play some role in the arrest.

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iStock_000011009457_ExtraSmall.jpgPresident Obama thinks marijuana is no more dangerous than alcohol and is less dangerous in terms of its impact on consumers. In a January 2014 interview with the New Yorker, the president compared marijuana to other vices such as alcohol and cigarettes, stating “As has been well documented, I smoked pot as a kid, and I view it as a bad habit and a vice, not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life. I don’t think it is more dangerous than alcohol.”

While the president doesn’t find the use of marijuana alarming, he is very bothered by the fact that minorities, especially minority youth, have a radically disproportionate rate of arrest and imprisonment. “Middle-class kids don’t get locked up for smoking pot, and poor kids do,” Obama said. “African-American kids and Latino kids are more likely to be poor and less likely to have the resources and the support to avoid unduly harsh penalties…we should not be locking up individual users for long stretches of jail time when some of the folks who are writing those laws have probably done the same thing.” A new study released this month supports the president’s concerns, finding that nearly half of all black males are arrested by the time they reach the age of 23.

What is even more surprising is that notoriously conservative Texas governor Rick Perry has also shown a recent liberalized attitude towards marijuana. Perry, speaking to the World Economic Forum in Switzerland, defended Colorado and Washington state’s vote to legalize the drug, saying it is a matter of states’ rights. Although Perry sidestepped questions of whether he supported the decriminalization of marijuana, he promoted Texas’ drug courts, which offer treatment instead of incarceration for non-violent offenders, as an example to other states and nations.

iStock_000001725183XSmall.jpgA recent report by the Partnership at Drug Free, formerly known as the Partnership for a Drug Free America, found a solid majority of those polled by the organization itself, 52 percent, favor marijuana decriminalization and a vast majority, 70 percent, favor medical marijuana. The Partnership interviewed 1,603 adults. The majority of these adults (1,200) are parents of children who are between 10 and 19 years old. The report found 72 percent of mothers and 67 percent of fathers support medical marijuana.

One may be surprised that an organization focused on combating teenage drug use is publicizing report results showing favorable parental views on marijuana law reform. A deeper look into the results of marijuana law reform reveals that marijuana reform could help combat teenage marijuana use and thus align with the goals of the Partnership. For example, since Colorado passed marijuana laws, marijuana usage among Colorado teenagers has gone down. Colorado, probably the most marijuana friendly state in the nation, has a teenage marijuana use rate that is below the national average. Despite the beliefs of marijuana reform opponents that claim pro-marijuana laws will increase adolescent marijuana use, a recent report revealed there is no visible link between states legalizing medical marijuana and children increasing marijuana consumption.

The Partnership has had a noticeable history of focusing especially on the dangers of marijuana, even though the harms caused by alcohol, tobacco, and pharmaceuticals far outweigh the harms of marijuana use. Past funding sources of the Partnership may explain the lack of particular focus on drugs more destructive than marijuana. According to Fairness and Accuracy in Reporting (FAIR), the Partnership has accepted funding from numerous tobacco, alcohol, and pharmaceutical companies. These companies include the Budweiser, Michelob, Busch Beer Company: Anheuser Busch, the Marlboro and Virginia Slims company: Philip Morris, the Camel, Salem, Winston cigarettes company: R.J. Reynolds, as well as firms associated with pharmaceuticals like Bristol Meyers-Squibb, Merck & Company, and Proctor & Gamble. The Partnership reportedly ceased accepting alcohol and tobacco funding, but continues to receive support from major pharmaceutical firms, despite the fact that pharmaceutical drugs cause the most overdose deaths compared to all other drugs.

iStock_000009135835_ExtraSmall.jpgIn Texas, Marijuana is an illegal substance that is subject to forfeiture by the state. While this may be of no surprise, you may not be familiar with the forfeiture process and how it works. The government has different modes and methods of dealing with controlled substances. Some of these processes do not even require a court order, they occur automatically due to statutory regulation. This article discusses and describes the process the government implements after it seizes controlled substances, such as marijuana.

Let’s look at a hypothetical traffic stop situation. A driver gets pulled over and the officer looks in his back seat and sees a sizable amount of marijuana. After the driver gets arrested, the officer seizes the marijuana and seals it in an evidence bag. It is at this point that the seized marijuana is put into the custody of the police. This entire process, from seizure, to storage, record keeping, court, and then finally destruction is called the “Chain of Custody” (COC). There are very detailed and strict rules regulating how the police can handle evidence while it is in their custody. If they break one of these rules, the “chain” of custody is broken and the compromised evidence becomes subject to objection and scrutiny.

Assuming the COC is maintained, the case will end with a verdict. The seized marijuana is then subject to “summary destruction”. Tex. Health & Safety Code Ann. § 481.154 . Summary destruction is a process that differs among departments, but there are three certain rules that process must follow: “(1) more than one person to witness the destruction of the property or plants; (2) the preparation of an inventory of the property or plants destroyed; and (3) the preparation of a statement that contains the names of the persons who witness the destruction and the details of the destruction.” Id. After the seized marijuana is destroyed, “a document prepared under a rule adopted under this section must be completed, retained, and made available for inspection by the director.” Id. With this document, the seized marijuana is recorded and properly disposed of per statute.

iStock_000006052358XSmall.jpgThe right to remain silent is a hot topic of Constitutional rights. In a brief nutshell, this is how the right to remain silent works. A defendant’s silence cannot be used in Court to show his or her guilt. When a defendant can invoke this right, however, is a little bit of a tricky concept. First and foremost, the defendant has to be under arrest to invoke his right to remain silent. If a police officer arrests a suspect, the officer must read the suspect his Miranda rights, which includes the right to remain silent. There are other areas where silence receives different Constitutional treatment, such as the right to remain silent and not testify during trial. A criminal defendant’s silence is usually protected by the Constitution and not allowed to be used by the prosecution to prove guilt.

However, a recent Supreme Court decision has created new limits and rules on the right to silence. This decision is based on a recent Texas criminal case involving Genovevo Salinas. The defendant in this case was at a party that got out of hand. Shots were fired at the party and two men were killed as a result. The police found Salinas at the party and brought him in for questioning. Salinas had a shotgun that he turned over to the police and he began answering their questions. He was being cooperative until the police asked him why the shotgun shells that were found at the crime scene matched Salinas’s shotgun. Salinas did not answer this question and instead remained silent. At this point, Salinas was not under a formal arrest and was not given his Miranda warnings as a result.

Salinas was eventually charged with murder. During his trial, the prosecution aggressively used his silence about the shotgun during closing arguments. Salinas was convicted and appealed his case. His case eventually made it to the Supreme Court. When it reached the Supreme Court Justices, the main issue was whether the defendant’s silence could be used during the closing argument. The Court held, in a 5-4 decision, that the silence was usable because it was pre-Miranda silence. The Texas Court of Criminal Appeals explained that “pre-arrest, pre-Miranda silence is not protected by the Fifth Amendment right against self-incrimination, and that prosecutors may comment on such silence regardless of whether a defendant testifies.” Justice Samuel Alito further explained “Salinas’ Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question. It has long been settled that the privilege ‘generally is not self-executing’ and that a witness who desires its protection must claim it.” So if you remain silent before you get arrested, that silence can be used to show your guilt unless you CLAIM your right to remain silent.