In other news, the sky is blue.

A new report "breaks" the news that blacks are jailed at a higher rate than whites for drug offenses.

Here's a quick tip to the GOP heading into election season. For all your talk about how you should "really" be the party of the African-American community, you will never, ever be trusted by the black community because of your stubborn insistence that the "War" on drugs is good for America. Why would blacks ever trust you as long as you're jailing them at global record rates for an arbitrary crime?*

African-American distrust of the GOP is one of the easiest political ties to understand.


*Yes, I know that Dems are equally guilty in ruining millions of lives for no logically consistent reason, but the GOP owns the "War" on Drugs issue in the minds of most Americans. The GOP benefits greatly from the "tough on crime" reputation, and here they get hurt by it.

Fix Fact

From Radley Balko, "Death by Drug War," at The Agitator:

Washington State has a law allowing prosecutors to impose a special
homicide charge on people who supply drugs to overdose victims. The problem is
that the law itself may be causing more overdose deaths.

The state of Washington’s position is clear: If someone calls 911 whena
friend is overdosing, not only does the witness risk charges for possessing
or selling drugs (which 911 callers in these situations have feared since
the passage of the Controlled Substances Act), but he or she could be charged
with homicide, too. The end result? Overdose victims—who might survive with
promptmedical care—may be abandoned and left to die.

When you think about how the law would be applied, it’s far more likely
to catch teens and college kids who share illicit drugs with friends making
just such a decision than it is to catch any major drug dealer. I doubt many
peopleoverdose with their dealers . . .

And it makes another case for legalizing the possession and sale of drugs. There's no upside for any drug dealer, let alone a legitimized one, to let customers fix under his roof. Dope and coke ain't alcohol; fiends and base heads, they ain't Otis Campbell, coming or going, so a dealer's going to get them in and out fast, and let 'em get back to wherever they'd be, being who they choose to be, laws or no. Just with a lot less drama on the street.

Another victory in the drug war

I know I'll sleep better tonight knowing that a scum-bag like Angel Raich is off the streets.

UPDATE: Lafayette Marijuana and Judge

Quick update on a recent post about Lafayette Judge Leonard Frieling's decision to step down in protest of the city's decision to increase the penalty for possession of less than one ounce 10 fold from $100 to $1000 and up to one year in jail.

First the Honorable Judge Frieling responded to our post, meaning much like the Libertarian party boasts on and on about their sheriff, we can now claim an actual Judge among H-Blog readers!

Speaking of Judges, on to the update. As Judge Frieling says in his now famous reply to the post, the City of Lafayette reversed course and withdrew the Ordinance. Judge Freiling's decision to step down, and not "work from the inside" (really bad comment on my part, since when have I not championed the bold gesture?) was clearly the catalyst. The resulting media attention and resulting local outcry killed the ordinance. We at Hydrablog humbly accept our small role in this action (the great thing about a group blog like Hydrablog is that those contributers who don't support an action pressed by another, are along for the ride. So while the rest of the H-blog gang may not support the Council's Ordinance withdrawal, we're all in it together. Much like when Stalin finally pulls off replacing the Star Spangled Banner with Twisted Sister's "We're Not Gonna Take It" as our national anthem, I'll be dragged along with him.).

Some fun facts.

53% of Lafayette citizens supported Colorado Amendment 44 , which would have decriminalized possession of less than that very ounce that the City Council wanted to increase the penalty for holding. Much like the South Dakota Abortion Bill, this shows a real disconnect between legislators and citizen.

"Lafayette Judge Marijuana" gets 123,000 hits on Google. Again, Judge Frieling's decision to step down was the correct one.

Again, with the disconnect between the city council and the citizens, all it took was the right catalyst to get everyones attention. 123,000 Google hits was more than enough to alert the Lafayette citizens that their legislators weren't acting in accordance with their wishes. And the the 123,000 hits came from on man's decision to take action. This is also the time to congratulate the City Council for reversing course rather than stubbornly continue down a path at odds with the citizenry. Believe it or not, this is roughly how a democracy is supposed to work.

Judge steps down due to increase in Mary J peanalties

Leonard Frieling, a Lafayette municipal court judge, resigned his position because,

"I cannot in good conscience sit on the bench while being unwilling to enforce the municipal ordinances," Frieling said in a resignation letter to city officials.

"Specifically, since you have seen fit to increase the penalty for cannabis possession from a $100 fine to a $1,000 fine and a year in jail, I find that I am morally and ethically unable to sit as a judge for the city."

Good for Judge Frieling. One could suggest that Judge Frieling stay on the bench and work for change, but I respect his stance.

Vick-tim?

Atlanta Falcon's QB Michael Vick was relieved of his water bottle at Miami International Airport Wednesday. Was it because of the silly new rule banning liquids? Nope. It was because it had a "secret compartment" that had "a small amount of dark particulate and a pungent aroma closely associated with marijuana."

Looks like Vick's decision making off the field is as questionable as it is on.

One, Vick's got loads of cash. It's not like the Mary J is only sold in Miami. Just wait 'till you get wherever you're going and buy some there. Better still, Vick's a multi-millionaire with loads of people on his payroll, have someone from the entourage do it so you're not even close to the action (Limbaugh, as much as I like to nail him, had that figured out). But to be his own Wacky Weed mule? That's just not thinking. Why take the personal risk of getting caught with a dime bag at an airport. Everyone knows they screen, they screen for drugs, knives, guns, bombs and...

LIQUIDS! According to the SI story, "The compartment was hidden by the bottle's label so that it appeared to be a full bottle of water when held upright." So Vick's genius plot to smuggle his oregano was to hide it in a water bottle that was rigged to look "full." Did he miss the 27 signs saying that you can't bring liquids onto a plane anymore? That bottle was guaranteed to be searched, emptied and/or confiscated. His "plan" had zero chance of success. Why not just smuggle the stuff in a device rigged to look like a loaded gun?

If I'm Falcon's ownership I immediately trade Vick. Not because of the Marijuana, but because he's clearly a moron.

You're innocent but your cash is guilty

Andrew Wolfe of the Nashua Telegraph (Looked it up, Nashua's in New Hampshire-which probably explains the tone) has an article about asset seizures and the law and K9's.

Interesting stuff. The individuals cited had seizures of $22,740, $124,700 and $30,670 respectively despite spending zero guilty verdicts, and zero actual charges. Yup, the government took a total of $178,110 and didn't file a single actual charge.

How's that you ask? Because the people looked guilty and a dog "alerted" to the cash (meaning the dog acted as if it smelled drugs on the cash). Yup, a dog acted as if your property had drug smell on it, so the government can take your property. Not, the "alert" lead to the finding of drugs, not the "alert" showed the money was made of drugs, not even the "alert" lead to a confession, just that the "alert" signaled that your property may have been near drugs.

Citing the amount of cash Gonzolez carried, his efforts to conceal it, his method of travel and the drug-dog alert, the (Nebraska) court ruled that “the evidence as a whole demonstrates by a preponderance of the evidence that there was a substantial connection between the currency and a drug trafficking offense.”

"Lie down with dogs, wake up with fleas" I guess. See, here because things looked bad, and the dog "alerted," the preponderance of evidence concept doesn't get you a criminal charge, it gets you "guilty" and a loss of significant assets. An alerting dog, by the way, cannot be cross examined. I did some quick research and found this about the importance of training, as well as this, plus this on false positives, there's more but you get the drift. An imperfect dog, added to imperfect appearance leads to a perfect outcome for the government.

Well, at least the NB judge used the words "preponderance of evidence" to take a man's money. The reputationaly liberal Ninth Circuit Court of Appeals was happy with "probable cause."

If this is OK with cash, is it OK for your home?

The only thing that even begins to make sense on any level is that a seizure can only occur with a guilty verdict. Period.

Finally, I would love to see some kind of data on the amount of cash and other assets seized each year in relation to guilty verdicts. My pessimistic guess is that lots of value is taken from the citizens each year, without guilt.

Muscles' Shiny New Year

Here's what's on my mind for '07:

School vouchers: I concede it's our money and, therefore, it should be ours to spend more freely; Mrs. Muscles and I, however, in our second decade of public and private K-to community-college-level teaching, have seen little evidence to support Friedman's assertion that vouchers "would bring a healthy increase in the variety of educational institutions available and in competition among them. Private initiative and enterprise would quicken the pace of progress in this area as it has in so many others."

Simply put, teachers, both public and private, can't compete. People-pleasers and collaborators to the core, Boxers to the administrating Napoleons, teachers will work harder in their classrooms, but leave institutional "progress" to the same sloganeers and sham artists who for a generation have run us ragged in the same ol' system-stymied circles that are the antithesis of innovation.

For my money? It's the teachers, stupid. Let 'em work.

Legalization: "If drugs were legalized, there would be a drug spot in every corner. It wouldn't be a Starbucks. It'd be Weedbucks. McDonald's? McCokeald's. Krispy Kreme? Kracky Kreme."--Chris Rock, "Never Scared"

Drug use should be entirely the user's business if he or she is of age and the rest of us are able to go on with our lives. But if drugs were legalized, where would the business of drugs be done, and who would do it? My guess: on the same corners and by the same kids doing it today.

Physics: What's new?

Jump in, if you please, one and all, especially with "required reading" I should do on any of the above.

Happy New Year!