Varied Views of a Border












An aerial view of the border fence in Tijuana, Mexico, where it meets the Pacific Ocean.
Kirsten Luce for The New York Times.




An aerial view of a Border Patrol vehicle along a section of the border wall south of Mission, Tex., near the Rio Grande. In this case engineers built the wall along an existing levee in the floodplain just north of the river.
Kirsten Luce for The New York Times.




An aerial view of the Rio Grande, which snakes its way through the Rio Grande Valley. Many do not understand the difficulty of building fences or monitoring thick brushland along the river. It is also complicated to block American farmers from accessing the river, which irrigates crops in this agricultural region.
Kirsten Luce for The New York Times.




The rusted old border wall separates Tijuana, Mexico, right, and a Border Patrol-controlled buffer zone, left. Once high volumes of drug trafficking in this impoverished area have diminished significantly.
Kirsten Luce for The New York Times.




The Border Patrol installed an iron fence to keep drug smugglers from using their roads to move drugs. This is an area south of Mission, Tex., where the river is quite narrow and easy to cross or float drugs across.
Kirsten Luce for The New York Times.




A border fence ends in the rugged terrain in East Tijuana. This photograph was taken in the mountains east of San Diego.
Kirsten Luce for The New York Times.




Migrants hoping to arrive in California by boat are traveling more and more northward to elude border patrol. Torrey Pines State Beach (pictured) is more than 30 miles from the border but was once a popular location because of its proximity to the road.
Kirsten Luce for The New York Times.




A woman makes her way back to Mexico at the Nogales Port of Entry in Nogales, Ariz.
Joshua Lott for The New York Times.








Read More..

Alaska Airlines, Flying Above an Industry’s Troubles


Damon Winter/The New York Times


For decades, flights over spectacular Alaskan landscapes could end with devilishly difficult landings. More Photos »







FLYING over Alaska in the wintertime is a spectacular experience. At 35,000 feet, the state’s rugged beauty unfolds, a succession of white mountain peaks against steel-blue skies, icy lakes and frozen rivers that snake as far as the eye can see. It’s an awesome sight, wild and pristine, that glows in a thousand hues of red, orange and pink when the sun sets against the horizon.






Damon Winter/The New York Times

The pilots Dan Kaplin and Tom Peebles complete a safety check before a short flight from Wrangell, about 200 miles southeast of Juneau, to Petersburg. More Photos »






But then, you have to land.


Juneau’s airport is surrounded by mountains, the approach often buffeted by treacherous wind shear. Sitka’s one small runway is on a narrow strip of land surrounded by water. And in Kodiak, the landing strip ends abruptly at a mountainside. The airport approach is so tricky that first officers are not allowed to land there; only captains are trusted to do so.


Doug Wahto knows these airports well. He grew up in Juneau, worked as a commercial fisherman and builder and started flying with Alaska Airlines in 1970. As a pilot, he honed the art of reading wind conditions by looking at how snow blew over mountain ridges.


Mr. Wahto retired six years ago, but not before seeing the transformation of flying in Alaska and of the airline where he spent his career. Alaska Airlines is puny compared to the major carriers: it has 124 planes, while United Airlines has more than 700 and four times as many passengers. But because of the state’s topography and extreme weather, it was the first to develop satellite guidance, a navigation technique that has transformed landing at Alaska’s tricky airports. The technique is now at the heart of the Federal Aviation Administration’s plan to modernize the nation’s air traffic system, a project that is expected to cost tens of billions of dollars over the coming decades.


“It doesn’t take a rocket scientist,” Mr. Wahto says, “or a crusty old dog like me to fly these approaches anymore.”


Largely because of that technology, flying in Alaska is now remarkably reliable — even in the dead of winter, when it is snowing, when there are just two hours of daylight, when runways are made slippery by ice or sleet, when winds blow at more than 50 miles an hour and pilots can barely see out the windshield. When, in other words, no one in his right mind would want to land a Boeing 737 with 140 passengers on a 6,000-foot runway.


Alaska Airlines, in fact, had the industry’s best on-time performance for the third consecutive year in 2012, with 87 percent of flights landing on time, according to FlightStats, a data provider.


That reliability means a lot in a state where air travel is often the only option, and where Alaska is the only commercial jet carrier with in-state routes. The airline flies to 16 towns accessible only by plane or boat, and, in doing so, ferries food and medical supplies, takes thousands of oil workers above the Arctic Circle and operates as the biggest air shipper for the state’s fisheries.


This role as primary transport for in the state is still a healthy business, but Alaska Airlines has prospered by expanding its services. From its Seattle base, it now has a bigger presence than other airlines along much of the West Coast. In 2007, it moved into Hawaii; its flights to the state now account for 20 percent of its available seat miles, an industry standard for measuring capacity. That is more than the 17 percent in Alaska itself.


Megamergers, most recently of US Airways and American Airlines, have redrawn the boundaries of domestic carriers, concentrating the business as never before. Alaska Airlines, for its part, has cultivated staunch independence. Unlike carriers that have faced bankruptcy or acquisition, Alaska has turned a profit for 33 of the last 39 years. In 2012, it had a record $316 million in net income, up 29 percent from 2011.


Although it started in a sparsely populated, meteorologically unwelcoming, financially challenging corner of the country, Alaska has built a successful franchise that is the envy of many rivals.


Read More..

Texas Monthly: Sign Language Interpreters Bring Live Music to the Deaf





On the last night of the 2012 Lollapalooza music festival in Chicago, the sun set over a crowd of thousands who had stood for hours waiting to see Jack White, the headliner. A figure strode onto the stage, setting off a cascade of cheers.




But it was not Jack White, the singer-guitarist, it was Barbie Parker, the festival’s lead sign language interpreter.


Ms. Parker, a Texas native, and members of her Austin-based company, LotuSIGN, had interpreted more than 20 bands’ sets for deaf and hard of hearing festival attendees that weekend. As evidenced by the positive reception she received, her interpretations had won over a good part of the hearing audience as well.


At live music shows, Ms. Parker, 45, does not just sign lyrics — she communicates the entire musical experience. She mouths the words. She plays air guitar and air drums. She jams along with the bands.


“Music is such a large part of who I am,” she said. “I want to be able to open up that experience.”


Ms. Parker was bored in her accounting job and had two young children when she enrolled in her first formal American Sign Language class at San Antonio College about 20 years ago. She became fascinated with interpretation after reading a book about it at her local library and, in a chance encounter just hours after reading it, met the sister of a friend who happened to be an American Sign Language interpreter.


Ms. Parker is now an integral part of Austin’s deaf community. Her two adult sons are proficient in A.S.L., and her company has provided sign language interpretation at music festivals across the country for several years. Next week, she and other LotuSIGN interpreters will take the stage with artists at the South by Southwest music festival in Austin for the sixth year in a row.


The number of deaf and hard of hearing music fans taking advantage of interpretation at free shows held at Auditorium Shores as part of SXSW has risen noticeably in the past few years, Frank Schaefer, the officer manager for the festival, said in an e-mail. The increase can be attributed, at least in part, to a growing number of interpreters who specialize in that kind of work.


A good interpreter is adept at signing, but Ms. Parker also wants her team to impart the emotions and feelings music conveys. Lauren Kinast, 44, who lost her hearing gradually, attended a Rolling Stones concert signed by LotuSIGN interpreters. Ms. Kinast had listened to the Stones growing up, but when she saw Ms. Parker and a colleague interpret their music, she came away with a greater appreciation of the band.


“Everything made it different, better,” Ms. Kinast typed in an interview. “Having the songs interpreted in my language, understanding the emotions behind it, the meaning behind it, and being a part of the concert experience just took my love for them several notches up.”


Ms. Parker first gained recognition in the mid-2000s for interpreting music at the funeral of the parent of a well-known member of the deaf community in Austin. At one point during the service, she needed to sign an emotional musical performance.


“The singer got inspired, so the interpreting had to get inspired,” Ms. Parker said. The signing seemed to further stir the singer, which further moved Ms. Parker. “There was a kind of reverb,” she said. “The deaf audience was just — I just saw these jaws drop open like, ‘Oh, that’s what it’s like.’ ”


After that, she began receiving requests to interpret at weddings, children’s recitals and, of course, live shows. In 2007, she started her own company, Alive Performance Interpreting, which in 2009 became LotuSIGN.


“They’re five-star interpreters,” said Stacy Landry, the program manager for the local government’s deaf and hard of hearing services in Travis County. (Ms. Parker has obvious clout in the field — her traditional interpreting services were used in January when she intepreted President Obama’s Inaugural Address in Washington.)


LotuSIGN interpreters specialize in analyzing lyrics for the artist’s intent in a song. But sign language interpretation, no matter where it takes place, is about more than translating words into gestures and signs. The interpreter must communicate an overall experience by expressing the speaker’s tone, the meaning behind phrases and idioms, and even if someone’s cellphone interrupts an otherwise-silent lecture hall.


One year, Ms. Parker interpreted at a Sheryl Crow concert held to celebrate of one of Lance Armstrong’s Tour de France titles. He was asked to take over on the drums for one of Ms. Crow’s songs.


“Well,” Ms. Parker said, “he wasn’t any good.”


Ms. Parker let the discomfort show on her face as she imitated Mr. Armstrong’s uneven drumming. She nodded subtly to assure perplexed members of the deaf audience that she was indeed doing this on purpose.


As the audience reacted, Ms. Parker saw a deaf man elbow the hearing man next to him and cringe. The hearing man nodded and made a similar pained face.


“They had this shared experience,” Ms. Parker said. The deaf man was truly part of the crowd.


LotuSIGN is working to mentor others in the hope of expanding access to live events. “You can’t do it without a lot of experience,” Ms. Parker said. “It is the hardest work I have ever done.”


Kathryn Jepsen is the deputy editor of Symmetry magazine.



Read More..

Texas Monthly: Sign Language Interpreters Bring Live Music to the Deaf





On the last night of the 2012 Lollapalooza music festival in Chicago, the sun set over a crowd of thousands who had stood for hours waiting to see Jack White, the headliner. A figure strode onto the stage, setting off a cascade of cheers.




But it was not Jack White, the singer-guitarist, it was Barbie Parker, the festival’s lead sign language interpreter.


Ms. Parker, a Texas native, and members of her Austin-based company, LotuSIGN, had interpreted more than 20 bands’ sets for deaf and hard of hearing festival attendees that weekend. As evidenced by the positive reception she received, her interpretations had won over a good part of the hearing audience as well.


At live music shows, Ms. Parker, 45, does not just sign lyrics — she communicates the entire musical experience. She mouths the words. She plays air guitar and air drums. She jams along with the bands.


“Music is such a large part of who I am,” she said. “I want to be able to open up that experience.”


Ms. Parker was bored in her accounting job and had two young children when she enrolled in her first formal American Sign Language class at San Antonio College about 20 years ago. She became fascinated with interpretation after reading a book about it at her local library and, in a chance encounter just hours after reading it, met the sister of a friend who happened to be an American Sign Language interpreter.


Ms. Parker is now an integral part of Austin’s deaf community. Her two adult sons are proficient in A.S.L., and her company has provided sign language interpretation at music festivals across the country for several years. Next week, she and other LotuSIGN interpreters will take the stage with artists at the South by Southwest music festival in Austin for the sixth year in a row.


The number of deaf and hard of hearing music fans taking advantage of interpretation at free shows held at Auditorium Shores as part of SXSW has risen noticeably in the past few years, Frank Schaefer, the officer manager for the festival, said in an e-mail. The increase can be attributed, at least in part, to a growing number of interpreters who specialize in that kind of work.


A good interpreter is adept at signing, but Ms. Parker also wants her team to impart the emotions and feelings music conveys. Lauren Kinast, 44, who lost her hearing gradually, attended a Rolling Stones concert signed by LotuSIGN interpreters. Ms. Kinast had listened to the Stones growing up, but when she saw Ms. Parker and a colleague interpret their music, she came away with a greater appreciation of the band.


“Everything made it different, better,” Ms. Kinast typed in an interview. “Having the songs interpreted in my language, understanding the emotions behind it, the meaning behind it, and being a part of the concert experience just took my love for them several notches up.”


Ms. Parker first gained recognition in the mid-2000s for interpreting music at the funeral of the parent of a well-known member of the deaf community in Austin. At one point during the service, she needed to sign an emotional musical performance.


“The singer got inspired, so the interpreting had to get inspired,” Ms. Parker said. The signing seemed to further stir the singer, which further moved Ms. Parker. “There was a kind of reverb,” she said. “The deaf audience was just — I just saw these jaws drop open like, ‘Oh, that’s what it’s like.’ ”


After that, she began receiving requests to interpret at weddings, children’s recitals and, of course, live shows. In 2007, she started her own company, Alive Performance Interpreting, which in 2009 became LotuSIGN.


“They’re five-star interpreters,” said Stacy Landry, the program manager for the local government’s deaf and hard of hearing services in Travis County. (Ms. Parker has obvious clout in the field — her traditional interpreting services were used in January when she intepreted President Obama’s Inaugural Address in Washington.)


LotuSIGN interpreters specialize in analyzing lyrics for the artist’s intent in a song. But sign language interpretation, no matter where it takes place, is about more than translating words into gestures and signs. The interpreter must communicate an overall experience by expressing the speaker’s tone, the meaning behind phrases and idioms, and even if someone’s cellphone interrupts an otherwise-silent lecture hall.


One year, Ms. Parker interpreted at a Sheryl Crow concert held to celebrate of one of Lance Armstrong’s Tour de France titles. He was asked to take over on the drums for one of Ms. Crow’s songs.


“Well,” Ms. Parker said, “he wasn’t any good.”


Ms. Parker let the discomfort show on her face as she imitated Mr. Armstrong’s uneven drumming. She nodded subtly to assure perplexed members of the deaf audience that she was indeed doing this on purpose.


As the audience reacted, Ms. Parker saw a deaf man elbow the hearing man next to him and cringe. The hearing man nodded and made a similar pained face.


“They had this shared experience,” Ms. Parker said. The deaf man was truly part of the crowd.


LotuSIGN is working to mentor others in the hope of expanding access to live events. “You can’t do it without a lot of experience,” Ms. Parker said. “It is the hardest work I have ever done.”


Kathryn Jepsen is the deputy editor of Symmetry magazine.



Read More..

In Filing, Casino Operator Admits Likely Violation of an Antibribery Law



 In its annual regulatory report published by the commission on Friday, the Sands reported that its audit committee and independent accountants had determined that “there were likely violations of the books and records and internal controls provisions” of the Foreign Corrupt Practices Act.


 The disclosure comes amid an investigation by the Securities and Exchange Commission as well as the Department of Justice and the Federal Bureau of Investigation into the company’s business activities in China.


 It is the company’s first public acknowledgment of possible wrongdoing. Ron Reese, a spokesman for the Sands, declined to comment further.


The company’s activities in mainland China, including an attempt to set up a trade center in Beijing and create a sponsored basketball team, as well as tens of millions of dollars in payments the Sands made through a Chinese intermediary, had become a focus of the federal investigation, according to reporting by The New York Times and The Wall Street Journal in August.


 In its filing, the Sands said that it did not believe the findings would have material impact on its financial statements, or that they warranted revisions in its past statements. The company said that it was too early to determine whether the investigation would result in any losses. “The company is cooperating with all investigations,” the statement said.


 The Sands’ activities in China came under the scrutiny of federal investigators after 2010, when Steven C. Jacobs, the former president of the company’s operations in Macau, filed a wrongful-termination lawsuit in which he charged that he had been pressured to exercise improper leverage against government officials. He also accused the company of turning a blind eye toward Chinese organized crime figures operating in its casinos.


 Mr. Adelson began his push into China over a decade ago, after the authorities began offering a limited number of gambling licenses in Macau, a semiautonomous archipelago in the Pearl River Delta that is the only place in the country where casino gambling is legal.


 But as with many lucrative business spheres in China, the gambling industry on Macau is laced with corruption. Companies must rely on the good will of Chinese officials to secure licenses and contracts. Officials control even the flow of visitors, many of whom come on government-run junkets from the mainland.


 As he maneuvered to enter Macau’s gambling market, Mr. Adelson, who is well known in the United States for his financial and political clout, became enmeshed in often intertwining political and business dealings. At one point he reportedly intervened on behalf of the Chinese government to help stall a House resolution condemning the country’s bid for the 2008 Summer Olympics on the basis of its human rights record.


 In 2004, he opened his first casino there, the Sands Macau, the enclave’s first foreign owned gambling establishment. This was followed by his $2.4 billion Venetian in 2007.


 Some Sands subsidiaries have also come under investigation by Chinese authorities for violations that included using money for business purposes not reported to the authorities, resulting in fines of over a million dollars.


 Success in Macau has made Mr. Adelson, 78, one of the richest people in the world. He and his wife, Miriam, own 53.2 percent of Las Vegas Sands, the world’s biggest casino company by market value. Last year, Forbes estimated his fortune at $24.9 billion.


 Mr. Adelson became the biggest single donor in political history during the 2012 presidential election, giving more than $60 million to eight Republican candidates, including Newt Gingrich and Mitt Romney, through “super PACs.” He presides over a global empire of casinos, hotels and convention centers.


Michael Luo and Thomas Gaffney contributed reporting.



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IHT Rendezvous: Muslims Seek Dialogue With Next Pope

LONDON — As the Catholic Church’s cardinal electors gather at the Vatican to choose a new pope, Muslim leaders are urging a revival of the often troubled dialogue between the two faiths.

During the papacy of Benedict XVI, relations between the world’s two largest religions were overshadowed by remarks he made in 2006 that were widely condemned as an attack on Islam.

In a speech at Regensburg University in his native Germany, Benedict quoted a 14th-century Byzantine emperor as saying, “Show me just what Muhammad brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached.”

In the face of protests from the Muslim world, the Vatican said the pope’s remarks had been misinterpreted and that he “deeply regretted” that the speech “sounded offensive to the sensibility of Muslim believers.”

For many in the Muslim world, however, the damage was done and the perception persisted that Benedict was hostile to Islam.

Juan Cole, a U.S. commentator on the Middle East, has suggested that although the pope backed down on some of his positions, “Pope Benedict roiled those relationships with needlessly provocative and sometimes offensive statements about Islam and Muslims.”

Despite the Vatican’s efforts to renew the interfaith dialogue by hosting a meeting with Muslim scholars, hostilities resumed in 2011 when the pope condemned alleged discrimination against Egypt’s Coptic Christians in the wake of a church bombing in Alexandria.

Al Azhar University in Cairo, the center of Islamic learning, froze relations with the Vatican in protest.

Following the pope’s decision to step down, Mahmud Azab, an adviser on interfaith dialogue to the head of Al Azhar, said, “The resumption of ties with the Vatican hinges on the new atmosphere created by the new pope. The initiative is now in the Vatican’s hands.”

Mahmoud Ashour, a senior Al Azhar cleric, insisted that “the new pope must not attack Islam,” according to remarks quoted by Agence France-Presse, the French news agency, and said the two religions should “complete one another, rather than compete.”

A French Muslim leader, meanwhile, has called for a fresh start in the dialogue with a new pope.

In an interview with Der Spiegel of Germany this week, Dalil Boubakeur, rector of the Grand Mosque in Paris, said of Benedict, “He was not able to understand Muslims. He had no direct experience with Islam, and he found nothing positive to say about our beliefs.”

Reem Nasr, writing at the policy debate Web site, Policymic, this week offered Benedict’s successor a five-point program to bridge the Catholic and Muslim worlds.

These included mutual respect, more papal contacts with Muslim leaders and a greater focus on what the religions had in common.

“There has been a long history of mistrust that can be overcome,” she wrote. “No one should give up just yet.”

Read More..

Jennifer Sultan Pleads Guilty to Selling Prescription Drugs





At the height of dot-com mania 13 years ago, Jennifer Sultan and a few colleagues sold their small technology company for $70 million in stock and cash. She and her boyfriend rented a large house in the Hamptons for the summer and bought a spacious loft near Union Square.







John Marshall Mantel for The New York Times

Jennifer Sultan faced 15 years to life on the top charge against her, and a potential for more prison time on other counts.







In the years since, that temporary flush of wealth evaporated and Ms. Sultan, 38, developed an addiction to prescription painkillers.


On Friday, she sat handcuffed in a courtroom at State Supreme Court in Manhattan. In exchange for a promise of a four-year prison sentence, she pleaded guilty to selling prescription painkillers and conspiring to sell a firearm.


She was arrested last July and accused of being part of a ring that sold prescription drugs and guns. Four others arrested with Ms. Sultan had already pleaded guilty. One, Nicholas Mina, a former New York City police officer, agreed to serve more than 15 years in prison as part of a plea bargain under which he admitted stealing guns from his colleagues’ precinct house lockers and selling them. Mr. Mina was also addicted to prescription painkillers.


Though Ms. Sultan’s lawyer said she had hoped for less than four years, she faced 15 years to life in prison on the top count against her and the potential for more prison time on other charges. She said little in court but smiled broadly several times as she spoke quietly with her lawyer, Frank Rothman.


“She was happy to be done with it, but she was not happy with the sentence,” Mr. Rothman said afterward.


Ms. Sultan grew up in West Long Branch, N.J., five miles north of Asbury Park, and graduated from New York University in 1996. She and her boyfriend at the time, Adam Cohen, worked at a company, Live Online, that was an early pioneer in live streaming events on the Internet.


After the sale of Live Online, efforts by Ms. Sultan and Mr. Cohen to start other technology companies failed. Ms. Sultan explored other interests, including acupuncture and holistic health.


Early last year, a city narcotics investigator discovered an advertisement Ms. Sultan had placed on Craigslist offering prescription painkillers for sale. She and Mr. Cohen were still living in the penthouse loft near Union Square that they bought after the sale of Live Online.


Five times from February through June, she sold pills to an undercover officer, according to her indictment. One sale took place at the Starbucks on Union Square. In another, she sold 183 oxycodone tablets to the officer for $4,400 at a Starbucks in the Flatiron district near the school where she was studying acupuncture.


A separate investigation into the ring that sold stolen guns and pain medication picked up Ms. Sultan sending a text message to the man accused of being the ringleader, Ivan Chavez, saying she wanted to sell him a .357 Magnum handgun for $850, according to a separate indictment obtained by the Manhattan district attorney.


Mr. Chavez was sentenced to 20 years in prison.


Ms. Sultan and Mr. Cohen, who was not accused of participating in the drug and guns ring, filed for bankruptcy in 2010. Last August, the bankruptcy judge ordered them to vacate the loft to allow a bankruptcy trustee to sell it. The 5,600-square-foot loft is still listed for sale at just under $6 million.


She has been incarcerated since her arrest in July because she was unable to raise $85,000 for bail. With credit for good behavior and time served since her arrest, Ms. Sultan could be released from prison in about two years.


Read More..

U.S. Judges Offer Addicts a Way to Avoid Prison


Todd Heisler/The New York Times


Emily Leitch of Brooklyn, with her son, Nazir, 4, was arrested for importing cocaine but went to “drug court” to avoid prison.







Federal judges around the country are teaming up with prosecutors to create special treatment programs for drug-addicted defendants who would otherwise face significant prison time, an effort intended to sidestep drug laws widely seen as inflexible and overly punitive.




The Justice Department has tentatively embraced the new approach, allowing United States attorneys to reduce or even dismiss charges in some drug cases.


The effort follows decades of success for “drug courts” at the state level, which legal experts have long cited as a less expensive and more effective alternative to prison for dealing with many low-level repeat offenders.


But it is striking that the model is spreading at the federal level, where judges have increasingly pushed back against rules that restrict their ability to make their own determination of appropriate sentences.


So far, federal judges have instituted programs in California, Connecticut, Illinois, New Hampshire, New York, South Carolina, Virginia and Washington. About 400 defendants have been involved nationwide.


In Federal District Court in Brooklyn on Thursday, Judge John Gleeson issued an opinion praising the new approach as a way to address swelling prison costs and disproportionate sentences for drug trafficking.


“Presentence programs like ours and those in other districts mean that a growing number of courts are no longer reflexively sentencing federal defendants who do not belong in prison to the costly prison terms recommended by the sentencing guidelines,” Judge Gleeson wrote.


The opinion came a year after Judge Gleeson, with the federal agency known as Pretrial Services, started a program that made achieving sobriety an incentive for drug-addicted defendants to avoid prison. The program had its first graduate this year: Emily Leitch, a Brooklyn woman with a long history of substance abuse who was arrested entering the country at Kennedy International Airport with over 13 kilograms of cocaine, about 30 pounds, in her luggage.


“I want to thank the federal government for giving me a chance,” Ms. Leitch said. “I always wanted to stand up as a sober person.”


The new approach is being prompted in part by the Obama administration, which previously supported legislation that scaled back sentences for crimes involving crack cocaine. The Justice Department has supported additional changes to the federal sentencing guidelines to permit the use of drug or mental health treatment as an alternative to incarceration for certain low-level offenders and changed its own policies to make those options more available.


“We recognize that imprisonment alone is not a complete strategy for reducing crime,” James M. Cole, the deputy attorney general, said in a statement. “Drug courts, re-entry courts and other related programs along with enforcement are all part of the solution.”


For nearly 30 years, the United States Sentencing Commission has established guidelines for sentencing, a role it was given in 1984 after studies found that federal judges were giving defendants widely varying sentences for similar crimes. The commission’s recommendations are approved by Congress, causing judges to bristle at what they consider interference with their judicial independence.


“When you impose a sentence that you believe is unjust, it is a very difficult thing to do,” Stefan R. Underhill, a federal judge in Connecticut, said in an interview. “It feels wrong.”


The development of drug courts may meet resistance from some Republicans in Congress.


“It is important that courts give deference to Congressional authority over sentencing,” Representative F. James Sensenbrenner Jr., Republican of Wisconsin, a member and former chairman of the Judiciary Committee, said in a statement. He said sentencing should not depend “on what judge happens to decide the case or what judicial circuit the defendant happens to be in.”


At the state level, pretrial drug courts have benefited from bipartisan support, with liberals supporting the programs as more focused on rehabilitation, and conservatives supporting them as a way to cut spending.


Under the model being used in state and federal courts, defendants must accept responsibility for their crimes and agree to receive drug treatment and other social services and attend regular meetings with judges who monitor their progress. In return for successful participation, they receive a reduced sentence or no jail time at all. If they fail, they are sent to prison.


The drug court option is not available to those facing more serious charges, like people accused of being high-level dealers or traffickers, or accused of a violent crime. (These programs differ from re-entry drug courts, which federal judges have long used to help offenders integrate into society after prison.)


In interviews, the federal judges who run the other programs pointed to a mix of reasons for their involvement.


Read More..

U.S. Judges Offer Addicts a Way to Avoid Prison


Todd Heisler/The New York Times


Emily Leitch of Brooklyn, with her son, Nazir, 4, was arrested for importing cocaine but went to “drug court” to avoid prison.







Federal judges around the country are teaming up with prosecutors to create special treatment programs for drug-addicted defendants who would otherwise face significant prison time, an effort intended to sidestep drug laws widely seen as inflexible and overly punitive.




The Justice Department has tentatively embraced the new approach, allowing United States attorneys to reduce or even dismiss charges in some drug cases.


The effort follows decades of success for “drug courts” at the state level, which legal experts have long cited as a less expensive and more effective alternative to prison for dealing with many low-level repeat offenders.


But it is striking that the model is spreading at the federal level, where judges have increasingly pushed back against rules that restrict their ability to make their own determination of appropriate sentences.


So far, federal judges have instituted programs in California, Connecticut, Illinois, New Hampshire, New York, South Carolina, Virginia and Washington. About 400 defendants have been involved nationwide.


In Federal District Court in Brooklyn on Thursday, Judge John Gleeson issued an opinion praising the new approach as a way to address swelling prison costs and disproportionate sentences for drug trafficking.


“Presentence programs like ours and those in other districts mean that a growing number of courts are no longer reflexively sentencing federal defendants who do not belong in prison to the costly prison terms recommended by the sentencing guidelines,” Judge Gleeson wrote.


The opinion came a year after Judge Gleeson, with the federal agency known as Pretrial Services, started a program that made achieving sobriety an incentive for drug-addicted defendants to avoid prison. The program had its first graduate this year: Emily Leitch, a Brooklyn woman with a long history of substance abuse who was arrested entering the country at Kennedy International Airport with over 13 kilograms of cocaine, about 30 pounds, in her luggage.


“I want to thank the federal government for giving me a chance,” Ms. Leitch said. “I always wanted to stand up as a sober person.”


The new approach is being prompted in part by the Obama administration, which previously supported legislation that scaled back sentences for crimes involving crack cocaine. The Justice Department has supported additional changes to the federal sentencing guidelines to permit the use of drug or mental health treatment as an alternative to incarceration for certain low-level offenders and changed its own policies to make those options more available.


“We recognize that imprisonment alone is not a complete strategy for reducing crime,” James M. Cole, the deputy attorney general, said in a statement. “Drug courts, re-entry courts and other related programs along with enforcement are all part of the solution.”


For nearly 30 years, the United States Sentencing Commission has established guidelines for sentencing, a role it was given in 1984 after studies found that federal judges were giving defendants widely varying sentences for similar crimes. The commission’s recommendations are approved by Congress, causing judges to bristle at what they consider interference with their judicial independence.


“When you impose a sentence that you believe is unjust, it is a very difficult thing to do,” Stefan R. Underhill, a federal judge in Connecticut, said in an interview. “It feels wrong.”


The development of drug courts may meet resistance from some Republicans in Congress.


“It is important that courts give deference to Congressional authority over sentencing,” Representative F. James Sensenbrenner Jr., Republican of Wisconsin, a member and former chairman of the Judiciary Committee, said in a statement. He said sentencing should not depend “on what judge happens to decide the case or what judicial circuit the defendant happens to be in.”


At the state level, pretrial drug courts have benefited from bipartisan support, with liberals supporting the programs as more focused on rehabilitation, and conservatives supporting them as a way to cut spending.


Under the model being used in state and federal courts, defendants must accept responsibility for their crimes and agree to receive drug treatment and other social services and attend regular meetings with judges who monitor their progress. In return for successful participation, they receive a reduced sentence or no jail time at all. If they fail, they are sent to prison.


The drug court option is not available to those facing more serious charges, like people accused of being high-level dealers or traffickers, or accused of a violent crime. (These programs differ from re-entry drug courts, which federal judges have long used to help offenders integrate into society after prison.)


In interviews, the federal judges who run the other programs pointed to a mix of reasons for their involvement.


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Economix Blog: Bernanke Defends Stimulus as Necessary and Effective

The Federal Reserve’s chairman, Ben S. Bernanke, picked an unusual time to offer his most recent defense of the Fed’s campaign to stimulate the economy: 7 p.m. on a Friday night in San Francisco, 10 p.m. back home on the East Coast.

The basic message was the same as Mr. Bernanke delivered to Congress earlier this week: The Fed regards its current efforts as necessary and effective, and the risks, while real, are under control.

“Commentators have raised two broad concerns surrounding the outlook for long-term rates,” Mr. Bernanke told a conference at the Federal Reserve Bank of San Francisco. “To oversimplify, the first risk is that rates will remain low, and the second is that they will not.”

If rates remain low, it may drive investors to take excessive risks. If rates jump, investors could lose money – not least the Fed.

Regarding the first possibility, Mr. Bernanke said that the Fed was keeping a careful eye on financial markets. But he noted that rates were low in large part because the economy was weak, and that keeping rates low was the best way to encourage stronger growth. “Premature rate increases would carry a high risk of short-circuiting the recovery, possibly leading — ironically enough — to an even longer period of low long- term rates,” he said.

At the other extreme, Mr. Bernanke said the Fed could “mitigate” any jump in rates by prolonging its efforts to hold rates down, for example by keeping some of its investments in Treasury and mortgage-backed securities.

Three more highlights from the question-and-answer session after the speech.

1. Mr. Bernanke, asked about the outlook for the Washington Nationals, responded by accurately quoting the “Las Vegas odds” of a World Series appearance: 8/1.

2. Although the decision may be made under a future chairman, Mr. Bernanke said the Fed should continue to offer “forward guidance” — predicting its policies — even after it concludes its long effort to revive the economy.

“Providing information about the future path of policy could be useful, probably would be useful, under even normal circumstances,” he said in response to a question. “I think we need to keep providing information.”

3. Not surprisingly, Mr. Bernanke often is asked to reflect on the financial crisis. He offered something a little different than his normal response on Friday night.

“In many ways, in retrospect, the crisis was a normal crisis,” he said. “It’s just that the intuitional framework in which it occurred was much more complex.”

In other words, there was a panic, and a run, and a collapse – but rather than a run on bank deposits, the run was in the money markets. Improving the stability of those markets is something regulators have yet to accomplish.

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