Can the Drug War Be Nullified By Jury Nullification?
The Drug War is a total failure. What started out and continues as a way to target minorities for discriminatory police attention has become one of the biggest domestic and foreign policy failures in our history. One set of beneficiaries of this domestic and foreign “war” are the police officers, the prosecutors and the judges who are paid drug-war-subsidized salaries. The only other beneficiaries are the cartels and gangs that were formed to take full advantage of this controlled, high value market. The gun-toting gangs and the shootings on our streets are the bloody pay-off we get along with the tax bill we pay to support this deadly boondoggle. We continue to pay for years for each conviction, resulting in the largest per-capita prison population on the planet. Don’t you just love getting so much value for your hard earned tax dollars?
When legislators pass bad criminal laws and police, prosecutors and judges continue the charade by enforcing the bad law via the criminal justice system, the public has few options to stop the ongoing tragedy.
The root of the problem is bad law; so going after the law makers is one route to take. But this is very slow and subject to the usual political BS. Washington and Colorado have recently passed laws legalizing limited pot sales, possession and use. The Feds will probably try to coerce the states to counter the voters’ will. We do not have to sit still for that.
There is a tool we have as citizens that is little known and seldom invoked that might break the back of the Drug War. It’s not a total solution; and it has some potential negative side-effects to consider. But it might speed up the process of converting the “war” into the medical/mental health issue it actually is.
[At this point I feel the need to state that I am not a lawyer and am not giving legal advice. I am a citizen and voter and have a right to speak out. The law belongs to the people, not the lawyers.]
What I propose is a minor rebellion. What if no court of law, federal, state or local, could get a jury to convict a person technically (under Federal law) guilty of limited drug sales, possession or use in the States of Washington and Colorado? What if this rebellion spread across all 50 States? See my earlier post on jury nullification and think about it.
Of course, the legislators who pass irrational, illogical, unenforceable laws and the police, prosecutors and judges who get paid to enforce these laws don’t want the public to be fully informed about such a subversive concept. So get informed and spread the word. If we can cripple the courts on these cases and, at the same time, pressure the law makers to eliminate the laws and funding underlying the war, we can have success in years, rather than generations.
What do you think?