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Drug conspiracy is a "catch-all" crime that prosecutors can use to convict and imprison anyone. There are no rules or laws that limit what can and cannot constitute a drug conspiracy. The prosecutors do not have to name any co-conspirators, they don't have to have any physical evidence, they don't have to have any surveillance. Everything is based on their word and the word of the DEA agents. Because the government has enacted the snitch laws - or in legal terms called "substantial assistance," persons who are caught committing a drug crime, or who have been "snitched on" by others can attempt to protect themselves from the excessively long sentences connected with drug conspiracy convictions by "snitching" on someone else. It many instances, the person they accuse is not involved with drugs at all; but if they point the finger at the real criminals, they are jeopardizing their lives and the lives of their families - so they choose innocent people, and because there are no laws to ensure the constitutional rights of the innocent people, they can be convicted with no evidence at all. Unless laws are put in place, anyone can land in jail because of snitches.
We need Congress to create legislation to protect innocent people
Dear Congressional Representative:
We the undersigned are requesting that our Senators and Representatives create and suport legislation that will protect innocent citizens from wrongful convictions - espcially in drug conspiracy crimes where there is no DNA to prove innocence and there are no rules that keep over zealous prosecutors from overcharging to crimes of "conspiracy" that need no proof. It is easy to convict anyone of the crime of drug conspiracy, and almost impossible for an innocent person to prove his innocence.
The nebulous crime called "drug conspiracy" has no restrictions or regulations in terms of what prosecutors can and cannot do to win convictions. This so-called war on drugs has taken millions of innocent victims from their homes and their families and destroyed their lives, all in the name of winning convictions and placing more and more people in America's prisons. Federal courts have even less restrictions than state courts. (1) A prosecutor can charge conspiracy as part of the indictment without any evidence of a conspiracy. (2) Co-conspirators do not have to be known or named in the indictment. (3) The defendant does not have to know the co-conspirators. (4) In a drug conspiracy, no overt act needs to be proven. (5) In a federal prosecution, agents can state that the defendant gave them "post-arrest statements" and the defendant does not have to admit to making these statements, the statements do not have to be written out or signed, and the statements do not have to be video or audio taped. Nor do the agents have to produce rough notes, and the statements do not have to be consistent. (5a) It is not required to corroborate post-arrest statements. (5b) post-arrest statements are considered confessions, and carry the same weight as a valid confession. (6) Conspiracy convictions do not require physical evidence, co-conspirator or witness testimony, a co-conspirator or co-codefendant named in the indictment and/or present at trial, (7) surveillance of the alleged conspiracy is not required, (8) evidence of any transactions connected with the alleged conspiracy is not required. (9) A conspiracy prosecution can be brought based only on the word of a "snitch" - a person trying to gain little or no jail time for his own crimes by providing "substantial assistance" to the prosecutors. (9a) the accusations of the snitch do not have to be corroborated (9b) a defendant can be arrested on the word of a snitch without having committed a crime, without having any drugs, weapons or money in his possession, and without having made any incriminating statements (10) Prosecutors are aware that in most instances the snitches are lying - in the video (which is no longer available) of the PBS documentary "Snitch" prosecutors laughingly call the snitches "testiliars." Tough on drugs legislation has caused millions of people to be imprisoned for long periods of time; now it is time for Congress to get tough on injustices by creating and sponsoring legislation that will keep DEA agents, prosecutors, judges and appellate judges honest - and protect innocent people from being wrongfully convicted.
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