A man from Dothan, Alabama, serving a life sentence for selling drugs received a presidential pardon, which sparked discussions about long sentences for marijuana-related offenses.

As President Joe Biden granted forgiveness to Earlie Deacon Barber, advocates for changing the current drug laws emphasized the need for broader reforms for marijuana-related charges.

Paul Armentano, deputy director of the advocacy group NORML, highlighted the significance of presidential pardons in the overall debate.

"It's an acknowledgment from the most powerful person in the land that we have moved on from these offenses," Armentano asserted. "We're forgiving these people for these offenses, and that this record should not be holding them back from future opportunities."

Barber's life sentence is set to expire April 20. Armentano pointed out a pardon still does not eliminate the challenges faced by people with criminal records in getting jobs and housing. Multiple states have changed their cannabis possession laws and state courts have expunged or sealed the records in more than 2 million marijuana-related cases.

Randall Woodfin, mayor of Birmingham, has pardoned more than 23,000 people with charges dating back to 1990. And he has appealed for stronger federal protections, such as changing the legal classification of cannabis to allow for greater access or fewer restrictions on its use.

Armentano agreed more could be done at the federal level to address the stigma and challenges.

"Because it's Congress that enacted marijuana prohibition, and at the end of the day, it needs to be Congress that has to enact policy to end marijuana prohibition at the federal level," Armentano urged.

He noted NORML advocate Chris Goldstein, a pardon recipient, recently discussed federal cannabis policies with Vice President Kamala Harris.

At present, 24 states allow nonmedical adult use of cannabis, but they are still at odds with federal law, which considers marijuana use illegal.

This week, President Joe Biden commuted the sentences of 37 people with federal death row convictions to life sentences without parole.

Groups working on criminal justice reform said it is a start but they would like to see him do more. According to the advocacy group FWD.US, one in two Americans has experienced incarceration in their immediate family and one in three has a criminal record.

Zoë Towns, executive director of FWD.US, applauded Biden's actions and urged him to focus on clemency for those still serving long sentences.

"What we are calling on is for the President in these final weeks of his administration, focus clemency on sentence commutations for people who are in prison," Towns explained. "However, of all of those people -- the pardons and the commutations on home confinement -- nobody actually walked home from prison, right? Nobody's prison term was reduced in any way."

Towns noted most recent commutations for people on house arrest basically removes the threat of reincarceration. She added they are cautiously optimistic Biden will focus on the issue, as a White House news release mentioned the possibility of more pardons and commutations.

Towns pointed out many long-term prison sentences disproportionately affect Black people, citing racial disparities in the harsher past sentences for cocaine possession. The 2010 Fair Sentencing Act reduced the gap but Towns added many remain imprisoned under outdated laws, underscoring the need for clemency.

"We believe that the federal prison population is far too large," Towns contended. "One in eight people who are in prison in the United States are incarcerated in the federal system. There are thousands of people -- nearly 200,000 people -- who have been in that system, who are serving extremely long sentences, and they need attention."

In a bipartisan poll conducted this fall by FWD.US, Towns said more than 80% of respondents agreed clemency should be used more frequently to address lengthy sentences.


get more stories like this via email

Oregon's constitution guarantees criminal defendants a state-funded lawyer for those who cannot afford one but a massive shortage of public defenders makes it unachievable.

According to the Oregon Justice Research Center, more than 90% of people charged with crimes in Oregon depend on a public defender. However, Oregon has less than a third of the public defense attorneys needed to handle all the cases.

Currently, more than 3,400 Oregonians charged with crimes have no lawyer.

Shannon Wilson, executive director of Public Defenders of Marion County, said public defenders are so overwhelmed with cases they can get burned out after a few years.

"There's not enough attorneys to address that work unless you want to adopt the belief that 300 clients per one attorney is enough to get legal representation," Wilson pointed out.

The Oregon Public Defense Commission estimates the state needs 500 more public defenders to meet its obligations. In 2023, lawmakers approved $96 million for attorney retention, recruitment and pay equity with prosecutors. But the commission said it is not enough.

The Oregon Criminal Justice Commission said recriminalizing low-level drug possession, enacted this year, will lead to nearly 2,300 additional convictions annually, disproportionately affecting people of color. Wilson noted if you can't afford a lawyer, you will likely get put on a waiting list and the wait can be 5 months or more.

Without a lawyer, some people end up spending needless time in jail and are less likely to have a fair trial. Most of Wilson's public defense clients face poverty, medical, or substance-abuse challenges and Wilson added stigma remains a significant barrier to fully funding Oregon's public defense system.

"This is our community, and I feel like we all have a responsibility to take care of everyone," Wilson stressed. "Especially the most vulnerable people that can't advocate for themselves. "

Despite the barriers, Wilson is optimistic Oregon legislators are heading in the right direction. The Oregon Public Defense Commission recommends doubling the state's two-year public defense budget from nearly $600 million to $1.3 billion by 2030.


get more stories like this via email

West Virginia schools' reliance on zero-tolerance policies are driving more kids into the juvenile justice system - with lifelong consequences, experts say.

New data from the Brookings Institution show Black and Hispanic female students are disproportionately referred to the juvenile justice system for minor offenses.

Elizabeth Shahan, executive director of the nonprofit West Virginia Prevention Solutions, said behavior like vaping in a classroom can land a child in a magistrate's court.

She said research supports using a peer or youth court model that emphasizes positive action, and added it's a huge investment for communities to offer alternatives.

"But when done well, you are judged by a court of your peers, much like a regular courtroom," said Shahan. "That court's job is to come up with a way for you to restore faith in and/or to remedy the situation."

According to the Brookings report, juvenile complaints lead to more school absences and lower test scores.

Black students are more than twice as likely to receive a referral to law enforcement or be arrested at school than white students.

Shahan said research has shown young brains aren't developed enough to fully understand the consequences of their actions.

So, the current punitive model only ensures they have no path forward to recognize their behavior as wrong, or be provided examples of good behavior.

"We now have a situation where we have a serious black mark on that youth's record," said Shahan. "We've basically doomed them to failure."

Shahan added that overuse of the juvenile justice system for minor or nonviolent offenses comes with a hefty price tag for the state.

"A lot of economic research has gone into if we spend a dollar on preventative services, preventative intervention before kids engage in risky behaviors," said Shahan, "then we save $24 in treatment costs, court costs, consequences costs."

She noted that criminal punishment also doesn't address mental health issues that often led to problematic behavior.

According to data from the Annie E. Casey Foundation, the number of school-aged kids struggling with anxiety or depression nationwide rose by 1.5 million between 2016 and 2020.