Want to Remain Silent? Speak Up!

“‘A suspect who has received and understood the Miranda warnings, and has not invoked his Miranda rights, waives the right to remain silent by making an uncoerced statement to the police,’ Justice Kennedy wrote.‘” Breaking 5-4 along the usual lines — Roberts, Alito, Thomas, Scalia, and Kennedy in the majority — the Supreme Court determines Miranda rights must now be specifically invoked. “Justice Sonia Sotomayor, in her first major dissent, said the decision ‘turns Miranda upside down’ and ‘bodes poorly for the fundamental principles that Miranda protects.’“

One important note: “The majority ruling is in line with the position taken by the Obama administration and Supreme Court nominee U.S. Solicitor General Elena Kagan. In December, she filed a brief on the side of Michigan prosecutors and argued that ‘the government need not prove that a suspect expressly waived his rights.’” And, given that this administration is currently working to rewrite Miranda to stop the terr’ists, I guess we shouldn’t be too surprised.

The Penal Option.

“‘There are only two possibilities here,’ Mr. Webb said in introducing his bill, noting that America imprisons so many more people than other countries. ‘Either we have the most evil people on earth living in the United States, or we are doing something dramatically wrong in terms of how we approach the issue of criminal justice.‘”

In his latest column, the NYT’s Nicholas Kristof makes the case anew for comprehensive criminal justice reform. “[O]ver all, in a time of limited resources, we’re overinvesting in prisons and underinvesting in schools. Indeed, education spending may reduce the need for incarceration…Above all, it’s time for a rethink of our drug policy.” (Via Sententiae.)

The Lessons of Balmer.

“Having fought the war on drugs, we know that ending the drug war is the right thing to do — for all of us, especially taxpayers.” In the WP, two longtime Baltimore cops once again lay out the case for drug decriminalization. “Legalization would not create a drug free-for-all. In fact, regulation reins in the mess we already have. If prohibition decreased drug use and drug arrests acted as a deterrent, America would not lead the world in illegal drug use and incarceration for drug crimes.” See also: Prohibition.

Not this time, Luthor.

“Any legitimate terror suspect, she said, would almost certainly be held in remote, high-security ‘supermax’ federal prisons, which are already home to convicted terrorists like British shoe bomber Richard Reid and Zacarias Moussaoui, the alleged 20th hijacker of the Sept. 11, 2001, terrorist attacks. That’s what these prisons are designed for.” The WP’s Dan Froomkin surveys the most recent idiocy being spouted by Republicans — as well as FBI director Robert Mueller and far too many Senate Democrats: that moving detainees from Gitmo into maximum security prisons would represent a clear and present danger to the republic. (As always, see also Glenn Greenwald on this ridiculous subject.)

I’m unclear as to what the GOP thinks will happen if we move these detainees into our regular prison system (other than that it’ll probably be harder to waterboard them.) What kind of fantasyland do these yokels reside in? These detainees aren’t Lex Luthor or the Joker. They have no vast army of misguided goons waiting to help them in the Big House. (In fact, I think they’ll find they don’t have much in common with your run-of-the-mill hard time lifer.) Nor have they concocted any diabolical master plans to escape from these extremely secure institutions. Newsflash: Those supercriminal types you read about in comics don’t actually exist. (And, while we’re debunking conservative fantasies, forget what you saw Jack Bauer do: “ticking time bomb” scenarios don’t in fact happen either, and, even if they did, torture is in no way effective as a means of obtaining the information you’d need. Not that its efficacy matters anyway, because it’s a war crime regardless.)

Absurd. Blatantly absurd. And altogether irritating that, once again, too many Democrats in Congress are not only taking these inchoate lunacies seriously, but grimly echoing them as if there’s even a modicum of sound reasoning going on here. Can these conservatives and their Dem enablers distinguish between the Real World and their bizarre, half-baked realm of nightmares anymore? At this point, I half-expect Chuck Grassley and Harry Reid to tell me they’re imprisoning Zubadayah, Khalid Sheikh Mohammed, et al in a pane of glass and shooting them into the far reaches of space. I mean, it worked for General Zod in Superman II, right?

Prisoners of our Own Device.

“‘The commission could be the most ambitious attempt to re-examine and reform the criminal justice system since the 1960s,’ said Mark Mauer, executive director of the Sentencing Project, a nonprofit group that supports reducing incarceration rates. ‘It is a huge undertaking,’ he said.” As he promised a few months ago, Sen. Jim Webb begins the push for a bipartisan commission on prison reform. (Webb’s effort drew particular kudos from Salon‘s Glenn Greenwald this morning.)

Speaking of which, count me among the many (like Greenwald) who found Obama’s glib answer on drug decriminalization during the online town hall the other day to be too smug and snickering by half. People are spending their lives in prison for basically harmless behavior that he — and countless other tsk-tsking political elites — engaged in. That’s not really something to chuckle about.

That being said, it’s obvious that, with everything else going on, Obama has nowhere near the political capital he would need to deal with this sort of thing right now, even if he does possess the inclination. But, Webb’s proposed commission might be exactly the sort of body that could grant Obama the cover he needs to get serious about drug and prison reform. In fact, other than punting on a popular issue like social security, which prison reform emphatically isn’t, that’s pretty much the sole purpose of a bipartisan commission.

Update: In very related news, NY Gov. David Paterson announces a deal has been struck to soften NY’s draconian Rockefeller drug laws and get rid of many mandatory minimums. “‘Since 1973, New York has had the harshest drug laws in the country, and they have simply not worked,’ Paterson said Friday in a radio interview.”

Webb takes on Incarceration Nation.

“I think you can be a law-and-order leader and still understand that the criminal justice system as we understand it today is broken, unfair, locking up the wrong people in many cases and not locking up the right person in many cases.” In an auspicious sign for 2009, Sen. Jim Webb (D-VA) announces he’ll be taking at stab at criminal justice and prison reform in the coming year. “Webb aims much of his criticism at enforcement efforts that he says too often target low-level drug offenders and parole violators, rather than those who perpetrate violence, such as gang members. He also blames policies that strip felons of citizenship rights and can hinder their chances of finding a job after release.“

It sounds like he’s on the right track, and bully to Sen. Webb for even taking this issue — normally not one that brings in the votes — on. (Let’s hope Webb knows his Wire.)

Of course, a lot of headway could be made if we just started taking a saner approach to drugs in this country, i.e. unclogging the justice system of non-violent drug offenders and doing away with mandatory minimums. From there, I hope Sen. Webb sets his sights on the shameful and grotesque private, for-profit prison industry that has sprouted here in America. I for one believe running an unsafe, substandard prison and getting rich by outsourcing your supply of “captive” laborers to corporations that don’t want to pay market wages is much more immoral and criminal behavior than getting high in some fashion and being unlucky (and/or black) enough to get caught. And I don’t think I’m in the minority in this assessment anymore.

Wright and Wrong.

“I feel that those citizens who say that have never heard my sermons, nor do they know me. They are unfair accusations taken from sound bites…I served six years in the military. Does that make me patriotic? How many years did Cheney serve?” I haven’t watched the Sunday shows yet, but, if today’s press is any indication, the Rev. Jeremiah Wright is the big story in the news, after he delivered remarks in several venues aimed at defending himself against the recent media throng, as well as horrifying attempts by the like of George Stephanopoulos to McCarthify him on national television. (As I said here, we seem to have entirely skipped the rails when kindly ole Mike Huckabee is the biggest voice for tolerance and historical understanding in the conversation.)

At any rate, the return of Obama’s Angry Black Preacher-Man prompted tut-tuts of electoral worry from Clinton-leaning concern trolls like like Salon‘s Joan Walsh, and the usual waiting for the other-shoe-to-drop from breathless political blogs like War Room and Ben Smith. What I haven’t seen yet today, amid all the puttering from the press on the subject of Wright, is any attempt to put the Reverend’s remarks in context of this weekend’s highly dubious acquittal in the Sean Bell case. To wit, New York City cops shoot an unarmed black man and his friends 50 times and end up getting off for it, and, outside of Harlem, there’s barely a shrug, including in the news media. Meanwhile, when it comes to anything and everything involving the fates of Natalee Holloway, Laci Peterson, and any other white damsel in distress, the press drone on about it endlessly, funnelling info to us months or even years after the cases have gone cold. But, as they say, this ain’t Aruba, b**ch.

Is Rev. Wright angry? At this point, and as this weekend’s fiasco makes clear, he has every right to be. Perhaps the press and the punditocracy could investigate more thoroughly why black America may be less inclined to think well of our nation at times, rather than working themselves into yet another holier-than-thou froth about occasional intemperate remarks, and/or endlessly fretting about their potential impact on the electoral whims of the white working class. God forbid these media asshats break out of their echo chamber bubble once in awhile and do some honest-to-goodness reporting. Heck, I’d be happy just to see a few of ’em think for themselves.

We’re not going to take it anymore.

“What the drugs themselves have not destroyed, the warfare against them has. And what once began, perhaps, as a battle against dangerous substances long ago transformed itself into a venal war on our underclass. Since declaring war on drugs nearly 40 years ago, we’ve been demonizing our most desperate citizens, isolating and incarcerating them and otherwise denying them a role in the American collective. All to no purpose. The prison population doubles and doubles again; the drugs remain.”

On the eve of the final episode, the writers of The Wire — Simon, Burns, Lehane, Pelecanos, and Price — argue in favor of jury nullification as an act of civil disobedience against America’s failed drug war. “If some few episodes of a television entertainment have caused others to reflect on the war zones we have created in our cities and the human beings stranded there, we ask that those people might also consider their conscience. And when the lawyers or the judge or your fellow jurors seek explanation, think for a moment on Bubbles or Bodie or Wallace. And remember that the lives being held in the balance aren’t fictional.“

Tribune of the People.

“Obama can help this nation move forward…In the minority party for all but his final two years in the Statehouse, he tempered a progressive agenda with a cold dash of realism…Racial profiling, death penalty reform, recording of criminal interrogations, health care — when victory was elusive, Obama seized progress. He did so by working fluidly with Republicans and Democrats. He sought out his ideological foes. He listened closely to them. As a result, many Republicans in Illinois have warm words for Barack Obama.” One I missed earlier: Sen. Obama’s hometown paper, The Chicago Tribune, endorses him for president.

The War on Drugs is Lost.

“All told, the United States has spent an estimated $500 billion to fight drugs – with very little to show for it. Cocaine is now as cheap as it was when Escobar died and more heavily used. Methamphetamine, barely a presence in 1993, is now used by 1.5 million Americans and may be more addictive than crack. We have nearly 500,000 people behind bars for drug crimes – a twelvefold increase since 1980 – with no discernible effect on the drug traffic. Virtually the only success the government can claim is the decline in the number of Americans who smoke marijuana – and even on that count, it is not clear that federal prevention programs are responsible. In the course of fighting this war, we have allowed our military to become pawns in a civil war in Colombia and our drug agents to be used by the cartels for their own ends. Those we are paying to wage the drug war have been accused of human-rights abuses in Peru, Bolivia and Colombia. In Mexico, we are now repeating many of the same mistakes we have made in the Andes.“

To their credit, those left-wing hippie radicals at National Review said as much way back in 1996, and HBO’s The Wire has dramatized the dismal consequences of the conflict for several years now. Now, coming to the same dour conclusion in 2007, Rolling Stone‘s Ben Wallace-Wells explains how America lost the War on Drugs, and argues that continuing to perpetuate it in its current fashion — with its “law and order” emphases of crushing supply, international interdiction, and mandatory minimum sentencing — is tantamount to flushing money and lives down the toilet. “Even by conservative estimates, the War on Drugs now costs the United States $50 billion each year and has overcrowded prisons to the breaking point – all with little discernible impact on the drug trade…The real radicals of the War on Drugs are not the legalization advocates, earnestly preaching from the fringes, but the bureaucrats — the cops and judges and federal agents who are forced into a growing acceptance that rendering a popular commodity illegal, and punishing those who sell it and use it, has simply overwhelmed the capacity of government.” (Found via Jack Shafer’s endorsement at Slate.)