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- /* Written 3:31 pm Apr 3, 1993 by nlns@igc.apc.org in igc:nlns.news */
- /* ---------- "NLNS Spring 93' Supplement" ---------- */
-
- War on Drugs? Has the US Declared a War on Drugs, or on Communities
- of Color?
- Cecilia Oregon, Diatribe
-
-
- (NLNS)--War has been declared upon people of color. Termed the "War
- on Drugs" by the U.S. government in an attempt to cover the racist truth,
- the actual war is against our communities. In order to rationalize the poor
- housing, health, income and educations of our people, our communities
- have falsely been linked with rampant crime, drug dealing and drug use.
- This "War on Drugs" is, in effect, a cover for the racism embedded in our
- legal system. There are battles being fought everyday in our barrios,
- ghettos, Koreatowns, Vietnamese communities, Chinatowns, and Native
- American reservations. The armies of the opposing side are the police
- departments of this country which have taken certain liberties in
- interpreting the U.S. Constitution, leaving people of color stripped of basic
- constitutional rights.
- By having declared a "state of emergency" on September 5, 1989,
- President Bush effectively relaxed the constitutionally-guaranteed
- procedures followed in criminal matters, leaving the police free to exercise
- their power without the constraint of law. These procedures were
- originally established to uphold the Bill of Rights which protects
- individuals from police abuse (Amendments 4-8); nevertheless, in light of
- this state of emergency, a "good faith clause" has been adopted by law
- enforcement agencies which allows for search and seizure without a
- warrant, effectively nullifying a personUs constitutional rights.
- The Fourth Amendment to the Constitution states that one is
- protected from unwarranted search and seizure. The "good faith clause" is
- a policy which allows for the sociological and personal biases of entire
- police departments to be included in the investigative process. There is
- obviously opportunity for abuse when such drastic shortcuts are taken.
- People of color have been made targets and victims of departmental abuse.
- It was to prevent such abuses that the amendments to the constitution were
- adopted, and it is because of this that these loopholes are in violation of
- our constitutional rights and threaten liberty everywhere.
- It is of utmost importance to make our communities aware of
- these civil rights violations. Unfortunately, many of our people are
- unaware not only of these violations but also of their constitutional rights.
- Because the "War on Drugs" is really a war on our communities, it has
- been effective in stomping on our rights and ineffective in alleviating the
- so-called drug problem. There are other ways to prevent drug use and sales
- which have systematically been ignored by the U.S. government. For
- example, waging a war on unemployment and illiteracy would reduce
- poverty and restore the sense of pride which has dissipated from our
- communities.
- It is because of our underfunded schools and unrewarding
- employment opportunities that many of our relatives and friends turn to
- dealing or using drugs and joining gangs, risking their lives for even the
- smallest piece of the American Dream. Another way to alleviate this
- "drug" problem would be for the U.S. government to encourage
- impoverished countries to grow crops other than those used to produce
- illegal drugs.
- The only way to overcome these abuses by U.S. law enforcement
- agencies is to create awareness in targeted communities and help our
- people understand their basic rights, as well as understand that the drug
- problem is deeper than just illegal drugs being bought and sold. We must
- ban together and confront the racist law enforcement policies of the U.S.
- as a united force. We must hold gang members accountable for their
- actions and create awareness in them as well. We have been discriminated
- against, especially regarding drug enforcement policies, and have
- systematically been left with few alternative forms of employment besides
- drug trafficking. Broken up into small gangs, our efforts are useless.
-
- Fourth Amendment to the U.S. Constitution:
- The right of people to be secure in their persons, houses, papers,
- and effects, against unreasonable search and seizures, shall not be violated,
- and no warrants shall be issue but upon probable cause, supported by oath
- or affirmation, and particularly describing the place to be searched, and the
- persons or things to be seized.
-
- Fifth Amendment to the U.S. Constitution:
- No person...shall be compelled in any criminal case to be a witness
- against himself, not be deprived of life, liberty, or property, without due
- process of law; nor shall private property be taken for public use without
- just compensation.
-
- Sixth Amendment to the U.S. Constitution:
- In all criminal prosecutions, the accused shall enjoy the right to a
- speedy and public trial, by an impartial jury of the state and district and to
- be informed of the nature and cause of the accusation; to be confronted
- with the witnesses against him; ... and to have the assistance of counsel for
- his defense.
-
- Seventh Amendment to the U.S. Constitution:
- ...the right of trial by jury shall be preserved.....
-
- Eighth Amendment to the U.S. Constitution:
- Excessive bail shall not be required, nor excessive fines imposed,
- nor cruel and unusual punishments inflicted.
-
- Diatribe is published by the People of Color News Collective at UC
- Berkeley, and they can be reached at 700 Eshleman Hall, Berkeley CA
- 94720; psloh@garnet.berkeley.edu
-
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