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1996-05-06
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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
--- 30 ---