Archive for August, 2009

Mexico Decriminalizes Drug Use

Tuesday, August 25th, 2009

cfraustoAfter years of warfare between authorities and rivaling drug cartels, Mexico has taken a progressive stand towards stopping the bloodshed by legalizing limited personal drug use. The effort may help save the Mexican government quite a bit of money on catching and penalizing drug users, which may free up more resources to battle the mafioso’s themselves.

How this will affect drug importations into America, particularly San Diego, has yet to be seen, but it may make defense strategies easier for drug offenders and their San Diego criminal lawyers.

While many other countries have moved to legalized marijuana, even California has been discussing the idea in an effort to raise tax money, Mexico has legalized the use of all types of drugs, including cocaine, LSD, heroin and more. The only other country to have legalized this spectrum of drugs is Portugal. Public consumption and large quantities are still explicitly illegal.

When this same initiative was attempted in 2006, San Diego Mayor Jerry Sanders called the proposal “appallingly stupid.” Three years later though, things have changed. US authorities have so far issued nothing but praise for the government as it wages war with cartels:

“We know that Mexican law enforcement authorities are continuing their efforts to target drug traffickers,” Department of Justice spokeswoman Laura Sweeney said Friday. “Our friends and partners in Mexico are waging an historic battle with the cartels, one that plays out on the streets of their communities each day.”

For more information on this historic decriminalization law, please read the rest of the article in the Cristian Science Monitor. Photo Via Christian Frausto Bernal [Flickr]

Supreme Court Decision Requires Analyst Testimony

Tuesday, August 18th, 2009

2865343328_f35ff579a5A recent Supreme Court decision has already been resulting in an increased number of acquittals in drug and dui cases. The decision from Melendez-Diaz v. Massachusetts says that prosecutors must present a lab analyst for cross-examination in order for forensic evidence to stand in court. Prior to this decision, prosecutors were permitted to enter a paper lab report as suitable evidence.

While many prosecutors are claiming this will provide them with an unnecessary burden that will stretch their already thin budgets too tightly, defense attorneys everywhere are praising the court for this additional protection against wrongful convictions. San Diego Criminal Attorney Henry Root believes this will help put an end to evidence abuse by dishonest police forensic labs, some of whom have been known to occasionally manipulate evidence to better support a conviction. He also believes this will help eliminate the concern of incompetent or unfocused analysts as well.

Justice Scalia wrote of the decision, “[the defendant] was entitled to ‘be confronted with’ the analysts at trial.”

Peter Neufeld of the Innocence Project in New York explained, “The Supreme Court rejected the notion that forensic science is always neutral and based on solid science…The Court said our criminal justice system can’t rely blindly on forensic analysts’ reports because they may distort results to favor the prosecution.”

More information about the decision and how it is already affecting the court systems can be found here.

Image Via NCinDC [Flickr]