Miami Herald (1992)Howard Finkelstein has rousedthe State Attorney from his slumber. The exposure generated by the Public Defender's last letter concerning racial disparity in cannabis arrests has most definitely touched a nerve. Check out Satz's angry response, courtesy of BrowardBulldog.com. Dan Christensen's accompanying article is found here.
Satz is on comfortable ground. He loves marshaling SAO resources to persuade through statistics, a hallmark of his administration for as long as we've been paying attention. Right or wrong, you can count on the State Attorney to back up his position with numbers, and Finkelstein certainly opened the door this time around by citing to a recent ACLU study, The War On Marijuana In Black And White. The problem is worse in other parts of Florida, Satz says, and how dare you insult powerless little old me for not doing anything about it in my jurisdiction.
Of course Satz misses the point, or at the very least doesn't want to address it. Instead he indulges in another of his favorite pastimes, revisionist history.
Satz writes "Concern for this problem (increased crime in underprivileged minority communities) and substance abuse issues in general, is what motivated my office to sign on to the creation of our drug courts and establish our pre-trial intervention programs. Rather than incarcerate marijuana users, the goal - regardless of race - is to facilitate rehabilitation."
Whatever his motivations or beliefs may be, the simple fact remains that while Blacks may be arrested at disproportionate rates state and nationwide, they (and everybody else) definitely have a much harder time getting out of the system in Broward, with or without a clean record, than anywhere else in South Florida.
Think about it. As Gisele Pollack points out in the BrowardBulldog article, Satz hasn't agreed to allow all cannabis arrests to be directed to her misdemeanor drug court. There still isn't DUI or DV diversion here, and the late arrival DWLS program is so draconian in admission and completion requirements that five year, felon creating HTO suspensions still result with alarming frequency in Broward courts. Compare to neighboring counties where driving charges can be dropped or quickly changed with relative ease, and where a wide range of cheap shot felonies like Battery on a Leo can also be diverted, to see how Satz's stated commitment to rehabilitation really plays out. Then, to top it off, ask why cocaine residue and single pill possession cases are filed as felonies in Broward, or why the SAO never offers withhold & one day on some 893 cases like they do in Miami.
It's not a novel theory that Satz is out of touch, and has been for a very long time. He may not understand the implications of having a criminal record, even if only a misdemeanor.** He may not believe it's his job to consider the root causes of the increased crime in underprivileged minority communities he writes about when setting office policy, or his role in helping perpetuate it. But to absolve himself of all responsibility and accuse Finkelstein of being "disingenuous" for pointing out his personal failures is just plain wrong.
The vicious cycle of poverty, crime, substance abuse, and mass incarceration is a direct result of policies implemented by "leaders" whose time has come and gone. Many, however, are still with us. Whether blinded by fear, vanity, or the related motive of self-preservation, they are incapable of engaging in reflection and entering into meaningful dialogues to try and address even the most glaring of issues. And if you need further proof, just read Satz's letter one more time ...
*Howard Finkelstein, quoted by Dan Christensen.
** "Convicted defendants “normally get a fine, court costs and it goes on their record,” said Pollack. “But that will take away scholarships, and you can’t get into the military or rent some apartments or get a decent job.” (Also from BrowardBulldog)
The Drug War could be won if ...
SS: Broward reps call on state to reconsider Stand Your Ground
"I don't think it's a prosecutor's issue," (Satz) said. "I think it's a humanity issue. Life is precious ... I believe life is precious … "