Quick Hits (page 5)Fill-in Judge Fired for Refusal to Hear Drug CasesBy: Jim Walsh (The Arizona Republic)
Arizona Chief Justice Charles Jones fired Marc Victor, a Mesa defense attorney, saying Victor "expressly declared his inability to be impartial in the application of the law and the disposition of cases before him." But Victor, a marijuana legalization activist, said he recused himself only on drug cases, not all cases. "I thought it was the honest, up-front thing to do," said Victor, who brought a six-page proposed "minute entry" with him to Maricopa County Superior Court, outlining why he believes drug laws violate the U.S. and Arizona constitutions. Victor is a member of the National Organization for the Reform of Marijuana Laws' legal committee. NORML supports legalization. Victor's document stirred a hornet's nest when it reached Chief Presiding Criminal Judge Thomas O'Toole and Presiding Superior Court Judge Colin Campbell. After conferring with Campbell, O'Toole called Victor at the Mesa courthouse and dismissed him, saying "we're not happy with your performance," Victor said. Pro tem judges are unpaid attorneys who fill in for full-time judges. "It made me feel there is no room for dissent on the bench," Victor said. "That's what shocked me, how quick they threw me off the bench." He said the incident shows there is a litmus test that bars judges who oppose drug laws. J.W. Brown, a Superior Court spokeswoman, said pro tems "serve at the pleasure of the court, and his services were not needed." Jones rescinded Victor's appointment as the judge pro tem at Campbell's request, according to a brief court document. Commissioner Elizabeth Arriola had agreed to handle the court's drug calendar and the seven drug cases on Victor's routine morning calendar. |
Growin' Our Own (page 5)Marijuana. Why is it a Prohibited Drug?By: Panama Red
What's wrong with the marijuana prohibition picture? A plant called cannabis, marijuana and by other names, is a common weed. It doesn't take a rocket scientist to grow marijuana. Marijuana, if left alone, grows wild. It's an annual seed producer. After producing its seeds for the next year, it dies out every year. If you ever go to Iowa, Missouri and other mid-western states, you will probably see marijuana "hemp" growing along the gravel country roads, under mailboxes, and along creeks. We've seen it. All this weed was grown during WWII when the Japanese invaded the Philippines and cut off the US hemp supply. Our farmers came to the rescue and grew hemp at the request of our government. Ropes and other products were made from hemp for the war effort. My great uncles grew hemp on the old Missouri farm. Hemp helped win that war and now there's a war against hemp. This sounds like a typical government maneuver. Our government used hemp and then it outlawed hemp. Hemp from old WWII days is no longer farmed, it has given way to soybean and other cash crops as due to the laws, there's no market for hemp in the US. But the plant can't be killed off either. For 60 years hemp has survived on it's own. We don't recommend smoking this low THC marijuana but it has picture taking value. In a few months Bud Life will have a photo shoot of wild hemp growing on the old family farm. Back in Missouri nobody bothers to pick the stuff and sell it, as it's just accepted like any other weed. Wildwood weed is what they call it. 1,000 years of Marijuana The Native Indians of North and South America, the Chinese, eastern Indians, and middle eastern cultures all used marijuana for over a thousand years. Shiva the Indian god with 6 arms and hands was believed to drink a liquid potion from hemp and dance his ass off. This plant produced fiber for ropes, clothes, shelters, and oil for cooking. The buds and leaves produced tea, and other types of oils and pitch. These were used in making butter, smoking for relaxation and religious experiences. A Plant with so many uses should be exploited for those uses, not suppressed and eradicated If George Washington Carver had studied the hemp plant instead of the peanut, we would have hundreds of other known uses. This might be a science fiction story for somebody to pursue, i.e., "Carver takes on Hemp." In fact, we encourage you to send Bud Life all the uses for hemp and we'll compile them like our dictionary. In recent times hemp was still used in paper making, rope, and clothing. Seeds for bird feed. Do you ever see any birds flying high? It is reported that fuel for powering combustion engines has been distilled from this plant. Hemp is grown on farms in Canada for bird seed and other uses. Experimentation using hemp as car parts (fenders, etc.) has been done in other countries. As you can see, this plant has many legitimate uses despite its outlawed religious and recreational uses. So why is hemp unlawful in the U.S. to possess and experiment? Hemp is only a wild plant. Marijuana Suppression by Congress - 1937 You already know that this plant is subject to extinction by order of congress. Why does this versatile plant deserve the status of "Public Enemy Number One"? This is true even though Osama Bin Laden is at large. We are treated like children and the plant is kept from our research and curiosity. Become curious and go to jail. Common sense dictates that people in a free capitalist country would want to experiment with all the possible uses for this plant. However even the hemp plant, with little or no THC, can't be experimented with. Try to get a permit. In California there has been a bill pending to allow hemp farming and experimentation at Davis University. This bill has gone nowhere. What is it about hemp/marijuana that scares congress? Why won't it take another look at hemp and marijuana, which has a higher THC content? Recently congress (to snub France over its rejection of the war in Iraq) was able to change its menu from french fries to "freedom" fries. However congress can't come to change its 66 year old restrictions on marijuana. This accounts for the 1937 Marijuana Tax Act and the 1971 CSA, classifying marijuana as a dangerous Class 1 drug along with heroin. Let's take a history tour. It took a constitutional amendment to outlaw booze, and one to repeal the failed amendment. It was repealed as congress determined morality cannot be regulated. This should be a precedent for marijuana. For marijuana prohibition, it only took a health and safety bill. It was outlawed for our health and safety because we don't know how to decide for ourselves. Now let's follow the money and taxation trail. If you look at the IRS Code, marijuana isn't even listed. With marijuana outlawed killer cigarettes with addictive nicotine became the only legal smoke. Imagine for a moment: cigarettes are known to kill, but because they produce a tax and government revenue they're legal. Why wouldn't congress outlaw killer cigarettes under health and safety? Big taxes and corporation political donations of course. With cannabis prohibition, cigarette and pharmaceutical companies didn't have any competition from the previously legal medication. Prior to 1937 you could buy pot and its derivatives in drugstores. Lumber companies didn't have to worry about an alternate source of paper and secured their position as primary producer for the paper industry. These industries and their retail sales all generate tax while the free growing weed marijuana does not. Did you ever wonder "who" requires us to use so much paper? It's the government of course. Paper for keeping our tax records. Paper for our court filings. Paper to keep track of us. Paper for our mail, etc. Computers have not yet replaced paper, and they won't until a tax is in place. Paper is taxed and it will remain our predominant medium until the internet gets taxed. Hey, how do you tax a marijuana smoker who grows his own? How do you tax one who picks his crop along a creek? You can't tax this person. If such a tax were attempted it would be like taxing you for pulling weeds out of your garden. Supporting taxes is the main reason why marijuana is outlawed. We're surprised that no Boston Tea Party supporting marijuana hasn't been reenacted. The blanket prohibition of marijuana and its experimentation must be questioned. Could hemp help save our forests? Could hemp become our main renewable source of paper. How many old trees could this alternate source of paper save every year? What about cattle feed? Could acres of 8 to 12 foot tall hemp produce more feed than hay? Would cattle and sheep fatten up without hormones if hemp was their feed? In this country we'll never find out as congress won't allow any research into these areas. Don't you think we should be researching this renewable resource? Marijuana Prohibition gives Law Enforcement an Excuse to Intrude into Your Private Life If you're holding some pot, you can be cited or arrested. Either way you join the ranks of citizens pulled into the court collection [fine] system. It's gonna cost you if you've got a joint. You might get jail for a joint, or fined for a joint, or your judge might give you both. At the very minimum you'll get hassled, searched, and be paranoid about the cops who are there to serve and protect you. In the movie "A Night at the Roxbury," a cop gave Will Ferrell a traffic ticket. He said, "I feel better now that you've served and protected me." What a display of satire in this scene. Are we safer when we get tickets and get arrested? Let's say you're parked at a red light at 2 am. No cars are around for a mile. The light won't change and impatiently you decide to run it. In 2 weeks you get a ticket issued from a red light camera. Are you safer now? You're not safer and now you're in the court justice [collection] system. You pay the fine and now you're right with the system. I'm not a fan of Rev. Jesse Jackson but recently he made a great observation. Jesse said: "Why do we have second rate schools and first class prisons?" Jesse, my answer to you is: "Because we have politicians coming up with more and more idiot laws, requiring fines and jail. If you can't pay the fine you do the time. If you don't go to jail (in lieu of the fine) you'll do [CS] community service. CS is involuntary or slave labor. It's legal because YOU can chose it over jail or paying a fine. This helps the government with the small chores like litter cleanup, mowing lawns, raking leaves, etc. Our government gets your labor for free. Using your free labor our government buildings can look beautiful without having to pay you for the service. Our free labor is just one benefit that government takes from us. It has been said that the purpose of a bureaucracy is to perpetuate itself, and thus its power over us. Since we have cops, all the cops want to keep their jobs and expand their powers. Same with judges and the court collection agency system. Same with politicians. As they make laws they take away more and more rights and replace them with privileges, licenses, and permits. As our rights evaporate, we get charged more money for these government issued privileges. You pay the government beast for your licenses and permits. If you cut corners (violate the laws) you pay for that too. The pay starts off small but gets bigger every year. Red light tickets were $271 last year and to help the budget deficit, they're $340 this year. Think about all the safety devices we are required to have. For example, a helmet to skateboard or ride a bike. In the 60s we never had any of this. I'm surprised that we survived. When these safety devices are required, the politicians get all the sales tax money for millions of sales. Let's take CA with required safety helmet sales of say 10 million. 10 million helmet sales at $20.00 each, brings in sales tax revenue of $15 million. Get the idea? Unless the state makes some money they'll cop out every time. No money to be made by the state then the area will be left alone. We're herded into spending money for our safety, which is merely bringing in sales taxes. The sales tax money raised will be poured down the drain by our politicians. If we don't comply, we get in trouble with the gun toting, revenue agent cops. Then we're forced into court and into paying money by some judge's order. This is the reality of government and its relation to us. We're the mark and they are always trying to come up with schemes to fine us. People as revenue producers is our government's ONLY goal for us. If money comes to government from a bill, the bill will pass. We're the slaves providing the "Roman Empire" its power via money. The revenue increases the size of the beast and its hold over us. Some day it will stop. Since we are in a depression (people with no jobs or money) it may stop very soon. However the beast understands our plight, and for another fee, accepts payments for our transgressions. Even GOD forgives us of our sins with no payment. Whereas the government is an unforgiving beast (unless we pay) who is consistently on our backs. Marijuana and the Money Sucking Beast Marijuana became the vice sought after by law enforcement ONLY after liquor prohibition ended. Those alcohol cops needed something else to do after prohibition ended. If they hadn't found another enemy in marijuana they would have been clean out of jobs. Congress helped them with marijuana prohibition. With about 800,000 arrests every year this has become a lucrative source of court fines. Think about it. You score some weed and are driving home to smoke it. You get stopped and some drug dog goes wild. Your car gets searched and you get arrested for drug possession and transporting a drug in interstate commerce. You were on a road, right, so you were involved in interstate commerce. The feds control interstate commerce. Nobody got killed, and no accident happened. Who was injured by the passive crime in this scenario? Nobody was injured in your brush with the law. No cop was injured, you had no auto accident, so it must be you who was injured. You got arrested, went to jail, hired an attorney, went to court, and went to drug rehab, all for a victimless crime. You paid to get your car out of impound too. You had to pay between $2,500 - $5,000 for your bad luck. What was the worse offense, you driving sober and holding, or what happened to you? Jail for a joint does not equal the crime. Don't forget that you're now a certified criminal, branded as some druggie. If you're on formal probation you don't have any rights, and are subject to search without a warrant. While on probation you can't have a beer in your refrigerator. The time and fine don't fit the alleged marijuana crime. So in conclusion, what the brainwashing of America about weed has done is criminal. What has the prohibition done? It's made a whole new class of new criminals. Peace loving people who want their privacy are made into criminals for choosing to smoke marijuana. Marijuana smokers are victimless crime criminals. This was all done under the guise of our heath and safety, while killer cigarettes thrive in stores. Nicotine is a more dangerous drug and is addictive. Cigarettes kill, but you can legally buy them. Can you ever see politicians outlawing the tax producing, killer cigarettes? It won't happen and nobody will go to jail for possession of a cigarette. Put it in the proper perspective. Remember that congress too has found no medical benefit in cigarettes, but it's not a class 1 drug. What are these jerks doing to us? Judge for yourself that there is no equality in these laws. It's all about taxes and getting you into court so you can pay a fine to support the beast. |
Pipeline (page 5)Kennedy: Too Many People Are Behind BarsBy: Anne Gearan (AP)
As of last June 30, 2.1 million people were locked up in prisons or jails, an increase of 2.8 percent from the year before. "Two million people in prison is just unacceptable,'' Kennedy said during a hearing on the Supreme Court's budget. Justice Clarence Thomas nodded in apparent agreement as Kennedy criticized the proliferation of "mandatory minimum'' sentences, which can mean long prison terms for relatively minor or nonviolent crimes. Thomas did not say anything. "In many cases, our sentences are too long,'' Kennedy said. The comments came after Kennedy and Thomas had asked the House Appropriations Committee for $73.4 million for salaries, upkeep and other court expenses for the 12 months that begin in October. Kennedy is a moderate conservative named to the high court by Ronald Reagan in 1988. He voted last month to uphold sentences of up to life in prison for three-time convicts in California. The ruling means a small-time thief will spend 50 years to life in prison for stealing $153 worth of children's videos from Kmart. None of the congressmen at Wednesday's hearing asked about that ruling, in which Thomas also upheld long prison terms. "Mandatory minimums are harsh and in many cases unjust,'' Kennedy said Wednesday. He offered a hypothetical example of an 18-year-old who gets caught growing marijuana in the woods. If he happens to have a hunting rifle in his truck when arrested, the teenager could face a mandatory minimum sentence of 15 years, Kennedy said. "Now, he shouldn't be doing that,'' Kennedy said, "(but) an 18-year-old doesn't know how long 15 years is.'' Kennedy's language was unusually strong, said Marc Mauer, assistant director of the Sentencing Project, a nonprofit group that advocates alternatives to long prison terms. Nonetheless, the remarks probably do not represent any lessened commitment to a law-and-order approach to serious crime, Mauer said. Kennedy was probably reflecting frustration common among federal judges who feel that mandatory minimum sentences are too inflexible, Mauer said. Chief Justice William H. Rehnquist has underscored that mandatory sentencing laws can unduly tie a judge's hands. He once called such laws "a good example of the law of unintended consequences.'' "Even though they represent what is usually thought of as the conservative wing of the court, when it comes to the appropriate role of the judiciary there is much less distinction between liberal and conservative judges,'' Mauer said. States and the federal government passed many laws setting mandatory minimum sentences for drug crimes in the mid- to late 1980s. The laws reflected national concern and fear over the growth of drug crime and the spread of crack cocaine. Other mandatory minimum sentencing laws, like "three strikes'' laws in California and other states, were meant to keep career criminals behind bars. Earlier in Wednesday's session, Kennedy said the Supreme Court is not likely to make a habit of releasing audio tapes of its oral argument sessions on the same day a case is heard, as the court did for the April 1 arguments in a marquee case about affirmative action. Kennedy also said the court's current workload is too light. The court has heard about 80 cases a year in recent terms, far fewer than was the custom a decade or more ago. That could change soon, especially as a large number of cases "related to terrorism'' make their way through the courts, Kennedy said. He did not elaborate. Dakota Joseph Arts KeNa Productions. For all your website needs. Emphasizing fast load times, usability, browser compatibility, standards compliance and high quality graphics. The Whipping Post. Not for the politically correct. Riveting commentary to engage, enrage, enlighten and inflame. |
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