Profiling – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Possession of Small Amount of Drugs No Longer a Felony Offense in Oregon https://legacy.lawstreetmedia.com/blogs/crime/possession-small-amounts-drugs-no-longer-felony-offense-oregon/ https://legacy.lawstreetmedia.com/blogs/crime/possession-small-amounts-drugs-no-longer-felony-offense-oregon/#respond Fri, 18 Aug 2017 18:19:17 +0000 https://lawstreetmedia.com/?p=62794

Oregonians may now be charged with a misdemeanor for possessing small quantities of drugs.

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Image Courtesy of Oregon Department of Transportation License: (CC BY 2.0)

People in Oregon who are arrested while in the possession of small amounts of drugs will no longer face felony charges. Oregon Governor Kate Brown signed HB 2355 into law on Tuesday, reducing the classification of possession of certain quantities of drugs from a felony to a misdemeanor.

Individuals convicted of the misdemeanor now face up to one year in prison. Prior to this move, those same individuals faced up to five years in prison for possession of any amount of cocaine and methamphetamine, and up to 10 years for heroin and MDMA, according to the Huffington Post.

Per the new law, individuals may be charged with a misdemeanor if they are found to be in the possession of less than two grams of cocaine or methamphetamine, less than one gram of heroin, less than 40 pills of oxycodone, less than one gram or five pills of MDMA (also known as ecstasy), or less than 40 units of LSD. Individuals possessing larger amounts of those drugs can still face felony charges.

The law also contains a provision to combat profiling of people “based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability.”

In 2014, California became the first state to defelonize minor drug crimes after voters approved Proposition 47. The ballot measure also included the reclassification of other felonies such as certain theft and fraud charges as misdemeanors.

In recent years, the U.S. federal government has begun to rethink sentences for some drug-related crimes. CBS reported in 2016 that more than 26,000 federal drug offenders had received shortened prison terms as a result of sentencing guidelines changes that the U.S. Sentencing Commission approved in 2014. The reevaluation of drug penalties is not just occurring in the U.S., but has become a global effort. Countries are working to lessen the power of organized crime and promote rehabilitative treatments for drug users.

Changes to federal drug policies in the U.S. may be slow to progress under Attorney General Jeff Sessions. But states like Oregon could play a significant role in ending the “war on drugs” through drug defelonization and rehabilitating drug users rather than imposing harsh penalties on them.

Marcus Dieterle
Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

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RantCrush Top 5: May 9, 2016 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-9-2016/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-9-2016/#respond Mon, 09 May 2016 19:47:58 +0000 http://lawstreetmedia.com/?p=52368

Who is mad today?

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Welcome to the RantCrush Top 5, where we take you through the top five controversial and crazy stories in the world of law and policy each day. So who is ranting and who is raving today? Check it out below:

Elizabeth Warren and Donald Trump’s Twitter War Escalates

Today’s edition of “Morning Joe” on MSNBC discussed some very important news: Donald Trump and Elizabeth Warren’s Twitter war. Besides the fact that it’s getting very much out of hand, the hosts raised some real concerns that it reflects the state of American politics in the age of social media. Likening the debacle to cyberbullying, the hosts wondered what kind of awful example these “leaders of the free world” were setting for young people. They also wondered when the senator and GOP frontrunner were going to use their Twitter savvy to impact real change on actual issues instead of personal attacks. While many see Trump’s weekend jabs at Warren and the Clintons as weaknesses, many others see it as turbo fuel for getting him to the White House. Check out the full early morning rant below:

Uber & Lyft Vow to Leave Austin, Texas after Voters affirm regulations

Ride hailing companies Uber and Lyft lost their grip Saturday after Austin voters decided it would be best for the companies to continue to be regulated by the city’s ordinances instead of looser laws. This requires Uber and Lyft drivers to undergo more intense background checks, among other protocols. The two companies have seen worldwide success and popularity, but it did them no good in Austin, a presumably  lucrative market. Although they spent over $8 million on ads, voters didn’t go their way. To be very honest, after that crazy  driver in Kalamazoo, Michigan that killed six people, injured others, and claimed to be possessed by the app, many feel as though no amount of regulation will be quite enough.

Ivy League economist ethnically profiled and interrogated for doing math on American Airlines flight

You may be wondering: How does one get interrogated for doing math on an American Airlines flight? Let alone a differential equation. Because when someone is doing that kind of math in their casual spare time it must be important and you shouldn’t question them. You should just stand back in awe, because most Americans actually suck at math.

But this puzzling scenario happened to Guido Menzio, a decorated Ivy league economist. Unfortunately for Menzio, a passenger next to him thought he was writing in Arabic and was, presumably, a terrorist. *Face palm* Instances of this kind are on the rise, and are often unfounded, as seen with the “Clock Kid” 14-year old Ahmed Mohamed, who was arrested for bringing a hand-made clock to school.

Melissa Joan Hart and Julianne Moore March for “Gun Sense”

Melissa Joan Hart and Julianne Moore are two Hollywood stars who were greatly affected by the news of the Sandy Hook shooting, a tragic event that left many young children dead and dozens parents mourning. This past weekend, the actresses joined hundreds of parents in support of Moms Demand Action, a group advocating gun control. Gun control has been a contentious topic of dispute for many years. But while many attribute pro-gun attitudes to conservatives and anti-gun to liberals, Moore has said she believes it should not be a partisan issue but rather a “safety” issue.

Joaquin “El Chapo” Guzman can be extradited to U.S. to face charges

Just in case there wasn’t enough El Chapo drama in your life, a Mexican judge ruled that El Chapo can be extradited to the U.S. to face charges for drug trafficking in accordance to a U.S.-Mexican extradition treaty. Although the legal side has been justified, the ministry has 20 days to authorize the extradition.

In the meantime, El Chapo has been moved to a less secure prison in Juarez, one of his cartel’s strongholds. An anonymous official admitted that there is concern that, while Guzman is being surveilled day and night in a secure wing of the prison, the Juarez prison is more lax than the one Guzman previously resided in. This move raised eyebrows for the DEA, and officials questioned the logic of moving him to a less secure prison where he potentially had the tools and people to help him escape. Prison break again, anyone?

Rant Crush
RantCrush collects the top trending topics in the law and policy world each day just for you.

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Makeup Retailer Sephora Accused of Racial Discrimination https://legacy.lawstreetmedia.com/news/makeup-retailer-sephora-accused-racial-discrimination/ https://legacy.lawstreetmedia.com/news/makeup-retailer-sephora-accused-racial-discrimination/#comments Tue, 25 Nov 2014 21:22:47 +0000 http://lawstreetmedia.wpengine.com/?p=29430

Big time makeup retailer Sephora is now facing allegation of racial profiling.

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Image courtesy of [JustPossible via Flickr]

There have been multiple claims recently of big retailers profiling and discriminating against customers of certain races. Law Street’s own Katherine Fabian did a great piece on the discrimination allegations surrounding the popular department store Barney’s. Most of these allegations involved retail workers being asked to follow certain customers–usually black–around stores, or police officers accusing them of using fake credit cards. But an entirely new racial profiling case is dominating the retail news this week, and it’s all about the makeup and cosmetics giant Sephora. There is a lawsuit in progress against Sephora that claims they discriminated against Asian customers by shutting down their accounts and not allowing them to access the same deals as other customers.

If you shop regularly at Sephora you can gain access to particular deals, as well as rack up points that eventually lead to discounted products. A few weeks ago, Sephora announced a huge sale–20 percent off of pretty much anything for their top-purchasing customers. Of course, those customers went nuts over the sale, because it offered serious discounts on products that almost never see slashed prices.

They went so nuts, in fact, that they crashed Sephora’s website. Sephora blamed the crash on people trying to buy huge quantities of the discounted products in bulk, so that they could turn around and sell them in order to make a small profit. There is a known market for this kind of behavior. While the site was coming back online, multiple customers saw their accounts either deactivated or locked out.

There was one thing that a bunch of these locked out or deactivated customers found they had in common though. They were of Asian descent, particularly of Chinese descent. This was discovered when various annoyed customers complained on social media, and quickly began to see a theme.

Four of these customers–Xiao Xiao, Man Xu, Jiali Chen, and Tiantian Zou–have filed a class action suit against Sephora alleging racial discrimination. The suit claims that Sephora discriminated against anyone “of perceived Chinese/Asian descent based on the ill-founded and discriminatory belief that all Chinese/Asian customers abuse discount sales to engage in bulk purchase for re-sale.” Sephora patently denies that any sort of discrimination ever took place. A statement from their company reads:

This lawsuit significantly distorts the facts in this matter. We look forward to defending our actions in court. Among other points, we intend to make very clear that clients from a number of countries around the world have been impacted by a temporary block we needed to place on accounts in order to restore the functionality of our site during a surge of activity by resellers during a promotional event two weeks ago.

The lawsuit has officially been filed by the four women, who live in the United States and were formerly devoted Sephora customers, in the Southern District of New York U.S. District Court. While time will tell, I have a feeling that Sephora will have a hard time arguing that this was all just some horrible coincidence. We may soon see the makeup giant on the same shameful list as Barney’s and other stores that have gotten flagged for racial discrimination.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Frisbees and Okra: The New Gateway Drugs https://legacy.lawstreetmedia.com/blogs/frisbee-okra-new-gateway-drugs/ https://legacy.lawstreetmedia.com/blogs/frisbee-okra-new-gateway-drugs/#respond Fri, 10 Oct 2014 22:03:03 +0000 http://lawstreetmedia.wpengine.com/?p=26481

The national attitude towards pot has been evolving for some time now. Marijuana has now officially been decriminalized in a number of states, and even legalized in two: Oregon and Washington. But even as our national view towards marijuana changes, our misperceptions don't necessarily follow suit. That led to a couple funny stories making the national news this week.

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The national attitude towards pot has been evolving for some time now. Marijuana has now officially been decriminalized in a number of states, and even legalized in two: Oregon and Washington. But even as our national view towards marijuana changes, our misperceptions don’t necessarily follow suit. This split has led to a couple funny stories making the national news this week.

One directly relates to those aforementioned stereotypes. A video in Ankeny, Iowa has been making its rounds on the internet. In it, a police officer tries to search a driver’s car, because apparently, people who play disc golf also smoke weed.

Basically, the driver was stopped for an equipment violation, and the officer warns the driver about headlight use. Then he saw something horrifying and totally weed-related in the car. It wasn’t drugs, it wasn’t paraphernalia, it was…a disc golf bag!

The officer goes on to interrogate the stopped driver about the relationship between disc golf and pot. After that exchange goes back and forth for a few minutes, the officer says, “you understand you’re free to go and everything but you wouldn’t have a problem with me looking through your car?” The man, of course, replies no, because that’s both unreasonable and illegal. The officer then tries to imply that because he won’t let his car be searched, the driver in question does have weed in the car. Throughout the entire exchange both men involved stayed relatively calm and pleasant, despite their clear disagreement and frustration. Most importantly, the driver was right to refuse the car search–according to Drake Law Professor Robert Rigg:

The Iowa Supreme Court has held that under the Iowa constitution you can’t convert an equipment violation stop into a general search. and any consent that would have been given would have been invalid in any event.

The video footage really is worth a full listen, if for hilarity purposes only:

In a completely separate incident, but definitely equally amusing story, a man in Georgia had his garden raided last week because he was growing something almost as deadly as disc golf–okra. Police were using helicopters to survey for marijuana, when they saw what they thought was pot in the Atlanta man’s garden. They showed up at his door, heavily armed and with a K-9 unit. They eventually discovered that the plants were not marijuana, apologized, and left.

It turned out to be okra, which like marijuana is a green plant, with leaves. Unlike marijuana, okra is really delicious when deep fried, and a popular vegetable in many dishes in the southern United States.

Obviously, these are both totally silly stories. But they also are telling, at least in the sense that in these two cases, police resources were used for what ended up being kind of ridiculous incidences. Yes, marijuana use should not be encouraged in places where it is illegal, but there’s also something to be said for making mountains out of molehills. Interrogating a man for carrying a bag of frisbees, or bringing a K-9 unit to deal with a man who was just growing veggies seems like a bit of overkill. As our nation changes its views on marijuana, seemingly state by state, it seems more and more likely that these kinds of disconnects and misperceptions will happen. So the moral of these stories: hide your frisbees and okra, they may not be worth the trouble.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Taber Andrew Bain via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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