Welcome to Haggadot.com (the "Site"). Haggadot.com, customandcraft.org, [email protected] and all future,
as-yet-to-be-created brands are projects of Custom & Craft Jewish Rituals, Inc., which is the legal name of this
California nonprofit organization (hereinafter referred to as “Haggadot.com”). All projects of Custom & Craft Jewish
Rituals are subject to the Terms of Service described below. This Terms of Service ("TOS") contain the terms and
conditions that govern your use of the Site, and the Haggadot.com Service (as defined below). This TOS describes your
rights and responsibilities and what you can expect from the Haggadot.com Service. Use of the Site constitutes your
acceptance of and agreement to this TOS.
Haggadot.com reserves the right to add, delete, and/or modify any of the terms and conditions contained in this TOS, at
any time and in its sole discretion, by posting a change notice or a new agreement on the Haggadot.com Site. In the
event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your
only recourse is to not use the Site and the Haggadot.com Service. Your continued use of the Haggadot.com Site following
posting of a change notice or new TOS on the Haggadot.com Site will constitute binding acceptance of the changes.
The Haggadot.com Service.
Haggadot.com provides a number of Internet-based services through the Site as well as any other Haggadot.com affiliate
websites, digital content, mobile applications, online service or anywhere the TOS are shown (all such services,
collectively, the "Haggadot.com Service"). One such service enables users to create customized products, including
without limitation, merchandise and books (collectively, "Products"). Haggadot.com users may create and purchase
individual Products for their own personal use. Haggadot.com may offer a number of other services on its Site, including
without limitation, message boards, contests, and newsletters, which may change from time to time.
Use of the Web Site and Haggadot.com Service.
Eligibility. Haggadot.com will only knowingly provide the Haggadot.com Service to parties that can lawfully enter into
and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the
Haggadot.com Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The
Haggadot.com Service is not intended for children under the age of 13.
Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable
agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Haggadot.com
Service and the Site.
Your License to Use the Web Site and the Haggadot.com Service.
Haggadot.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the
Haggadot.com Service and Site, except as expressly provided for in these TOS. For example and without limitation,
Haggadot.com owns the copyrights in and to the Site, and certain technology used in providing the Haggadot.com Service.
You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned
by Haggadot.com.
Haggadot.com grants you a limited revocable license to access and use the Site and the Haggadot.com Service for your own
personal purposes, subject to your compliance with this TOS. This license does not include the right to collect or use
information contained on the Site for purposes prohibited by Haggadot.com; to compete with Haggadot.com; to create
derivative works based on the content of the Site; or download or copy the Site (other than page caching). If you use
the Site in a manner that exceeds the scope of this license or you breach this TOS, Haggadot.com may revoke the license
granted to you.
This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual
property rights, please see Section 4.
Third-Party Content: Wherever Haggadot.com websites, online services, and digital content make reference to third party
organizations or include information, content, or graphics from third parties, Haggadot.com assumes third-party content
is for general informational purposes only and displaying third-party content does not constitute a recommendation or
endorsement of the opinion, product or service. Haggadot.com makes no claim as to the accuracy or relevance of
third-party content. If you decide to access any other websites linked to or from this website, you do so entirely at
your own risk.
Third-Party Services. Haggadot.com may use third parties to provide certain services accessible through the Site.
Haggadot.com does not control those third parties or their services, and you agree that Haggadot.com will not be liable
to you in any way for your use of such services. These third parties may have their own terms of use and other policies.
You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or
policies conflict with Haggadot.com's TOS, agreements, or policies, you must comply with Haggadot.com's TOS, agreements,
or policies, as applicable.
General Rules.
Prohibited Use. You may only use the Haggadot.com Service as expressly permitted by Haggadot.com. You may not cause harm
to the Site or the Haggadot.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the
Haggadot.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or
hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to
provide the Haggadot.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or
copy pages from the Site, except in the operation or use of an internet "search engine," hit counters or similar
technology; (iv) collect electronic mail addresses or other information from third parties by using the Haggadot.com
Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that
contain Haggadot.com's name or trademarks; (vii) engage in spamming or any activity that interferes with another user's
ability to use or enjoy the Haggadot.com Service; (viii) assist or encourage any third party in engaging in any activity
prohibited by this TOS; (ix) upload to, transmit through, or display any material that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable or that infringes any third party’s
intellectual property rights or any confidential, proprietary, or trade secret information of any third party; (x)
upload, transmit, or display any advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities, or other unsolicited commercial communications (unless expressly permitted); (xi) display adult nudity or
inappropriate child nudity; (xii) use the Site for sale of goods or services; or (xiii) upload photographs or other
content depicting images or people who have not given permission to have their photographs or images uploaded to a share
site.
Privacy Policy. By entering into this TOS, you agree to Haggadot.com's collection, use and disclosure of your personal
information in accordance with the Privacy Policy as amended from time to time.
Password Security. You are solely responsible for protecting the security and confidentiality of the password and
identification assigned to you. You shall immediately notify us of any unauthorized use of your password or
identification or any other breach or threatened breach of this website’s security.
Ordering Policies. If you purchase Products, you agree to do so in accordance with Haggadot.com's ordering policies and
instructions on the Site. Your order constitutes an obligation to pay, subject to acceptance by Haggadot.com at our sole
discretion. Your order is accepted by us when we ship the goods to you. An order confirmation does not signify our
acceptance of your order, but merely confirms receipt of your order. We will send you a shipment confirmation once your
order is accepted. Haggadot.com reserves the right to cancel any order prior to delivery at our sole and absolute
discretion, whether or not you have already been charged. If your order is canceled pursuant to this section, and you
have already been charged, Haggadot.com will automatically issue a refund to you. As the products are individually
produced, an approximate availability and delivery time are shown alongside the product description prior to order
completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be
guaranteed. At the latest, delivery will occur within thirty (30) days from acceptance of your order by Haggadot.com.
Please note that Haggadot.com is not able to deliver to all regions worldwide. All prices are subject to the delivery
charges, as well as any applicable taxes, duties, fees, or levies. Haggadot.com reserves the right to change the prices
published on the Services at any time. However, orders already submitted to us will not be affected by such changes.
Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
Create and Buy General Rules and License.
Description. As part of the Haggadot.com Service, Haggadot.com offers a service (the "Create & Buy Service") that allows
you to upload images, video, audio, data, and other content as well as text, files, and works of authorship
(collectively, "Content") to the Site to create, produce, and purchase Products featuring the uploaded Content for your
own use. “Content” also includes without limitation, any Content that you contribute or share with other members through
the Site.
Delivery of Content. You will upload or deliver to Haggadot.com all Content that you want to use with the Create & Buy
Service in accordance with the applicable instructions on the Site. Haggadot.com may, in its sole and exclusive
discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Create &
Buy Service.
Ownership of your Content. You represent and warrant that you own or otherwise possess all necessary rights with respect
to the Content and that the Content does not and will not infringe, misappropriate, use, or disclose without
authorization or otherwise violate any copyright, trademark, trade secret right, or other intellectual property or other
property right of any third party.
Use of Likeness. You consent to the use of your likeness, and you have obtained the written consent, release, and/or
permission of every identifiable individual who appears in the Content to use such individual’s likeness, for purposes
of using and otherwise exploiting the Content in the manner contemplated by these TOS. If any such identifiable
individual is under the age of eighteen (18), you have obtained such written consent, release, and/or permission from
such individual’s parent or guardian. You agree to provide a copy of any such consents, releases, and/or permissions
upon our request.
Licensing Your Content to Haggadot.com. You will retain ownership of the Content that you upload to the Site. You hereby
grant to Haggadot.com a perpetual, irrevocable, fully-paid and royalty-free, worldwide, transferable, nonexclusive,
sublicensable (through multiple tiers) right and license to: (i) use such Content, in all media existing now or created
in the future, as Haggadot.com deems necessary to enable you to use the Create & Buy Service to create, produce, and
purchase Products; (ii) with respect to any Content that you expressly designate as being “public,” to link to, use,
reproduce, create derivative works from, license, sublicense, distribute, print, publicly display, and otherwise utilize
your Content including, without limitation, making your Content available to the Haggadot.com community. Please note
that, while you retain ownership of your Content, any template or layout in which you arrange or organize your Content
through tools and features made available through the Site or the Haggadot.com Service are not proprietary to you, and
the rights to such template or layout are reserved to Haggadot.com.
Licensing Your Content to other Haggadot.com Members. Except for any of your Content that you specify as “private”
during the submission process, you also hereby grant all other members of the Haggadot.com community a non-exclusive,
worldwide, perpetual, irrevocable license to use, copy, publicly display, create derivative works from, and otherwise
communicate and distribute your Content for any purpose on or through the Site or the Haggadot.com Service and/or in the
Haggadot.com member’s own products. You acknowledge and agree that any such Haggadot.com member can exercise the
foregoing rights without further notice, payment, or attribution to you. For avoidance of doubt, any of your Content
that you designate as “public” will not be limited to any restricted purpose and is provided on a non-proprietary and
non-confidential basis and will be generally accessible by other users of the Site and Haggadot.com Service.
Reservation of Rights.
Monitoring. Haggadot.com reserves the right, but does not assume the obligation, to monitor transactions and
communications that occur through the Site. If Haggadot.com determines, in its sole and absolute discretion, that you or
another Haggadot.com user will breach a term or condition of this TOS or that such transaction or communication is
inappropriate, Haggadot.com may cancel such transaction or take any other action to restrict access to or the
availability of any material that may be considered objectionable, without any liability to you or any third party.
Modification of the Service. Haggadot.com reserves the right to modify the organization, structure or "look and feel" of
the Haggadot.com Service or the Site, and may change, suspend, or discontinue any aspect of the Haggadot.com Service at
any time without any liability to you or any third party. Haggadot.com shall have complete discretion over the features,
functions, prices and other terms and conditions on which the Haggadot.com Service is offered to Haggadot.com users.
Submissions.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms,
contest entries, communications or any other information ("Submissions"), you grant Haggadot.com permission to use such
Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Haggadot.com
will have no obligation to keep any Submissions confidential. You will not bring a claim against Haggadot.com based on
"moral rights" or the like arising from Haggadot.com's use of a Submission. This Section does not apply to your Content
that you use in connection with the Create & Buy Service. Any personal information you submit is covered by our Privacy
Policy.
You shall not upload, distribute, or otherwise publish through this website any content, information, or other material
that (a) violates or infringes the copyrights, patents, trademarks, trade secrets, or other proprietary rights of any
person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or
criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses
or other harmful code or properties.
Haggadot.com reserves the right to immediately remove any content it deems offensive, or in violation of these Terms and
Conditions. Haggadot.com also reserves the right to remove a user account, without notice, if the user has been found to
pose a threat to other users or has violated any rule laid out in the Terms and Conditions.
Copyright and Trademark Issues
While we are not obligated to review Content for copyright or trademark infringement, we are committed to protecting
copyrights and trademarks and expect users of our Site and Haggadot.com Services to do the same. The Digital Millennium
Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the
internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or
displayed on or through our Site or the Haggadot.com Services infringes your copyright, you (or your agent) may send us
a notice requesting that the material be removed, or access to it blocked. The notice must include the following
information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works are covered by
a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information
reasonably sufficient to allow us to locate the material on our Site and/or the Haggadot.com Services;
the name, address, telephone number and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA
permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements
imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Site and
the Haggadot.com Services, or notices concerning trademark use in personalized products we make or in our Site and the
Haggadot.com Services, should be sent to:
Haggadot.com
PO Box 385
Saratoga Springs, NY 12866
[email protected]
Upon receipt of a compliant DMCA Takedown Notice, Haggadot.com will investigate the claim, take appropriate action and
serve the notice on our member. If a member submits a DMCA Counter-Notice, Haggadot.com will forward such notice to the
party that submitted the relevant DMCA Takedown Notice and allow the member to repost the disputed content after 10
days, as provided by law. Haggadot.com reserves the right to terminate the account of any member who repeatedly
infringes the copyright rights of others, as determined in Haggadot.com’s sole discretion.
Representations and Warranties.
Mutual Representations and Warranties. You represent and warrant to Haggadot.com and Haggadot.com represents and
warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the
execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any
other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation
of the party entering into this TOS, enforceable in accordance with its terms and conditions.
By You. In addition to any other representations and warranties contained in this Agreement, You represent and warrant
to Haggadot.com that, in your use of the Haggadot.com Service, you: (i) will not infringe the copyright, trademark,
patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply
with all applicable laws, rules, and regulations. You further represent and warrant to Haggadot.com that: (i) there are
no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any
of your Content; (ii) Haggadot.com will not be required to make any payments to any third party in connection with its
use of your Content, except for the expenses that Haggadot.com incurs in providing the Haggadot.com Service; (iii) the
use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any
third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or
damage any software or hardware.
Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. Haggadot.com PROVIDES THE SITE AND Haggadot.com SERVICE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Haggadot.com DOES NOT REPRESENT OR WARRANT THAT THE SITE, Haggadot.com SERVICE OR ITS USE: (i) WILL BE
UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN
THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Haggadot.com MAKES NO WARRANTIES OTHER THAN THOSE MADE
EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND ANY WARRANTIES
THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Haggadot.com, NOR ANY OF ITS DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, “THE HAGGADOT PARTIES”)
SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES RELATING TO LOSS OF BUSINESS, LOST PROFITS, LOST DATA, USE, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR
CONNECTED WITH THE USE OF THE Haggadot.com SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, OR FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL
PURPOSE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THE HAGGADOT PARTIES WILL HAVE NO LIABILITY
TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE
OR THE Haggadot.com SERVICE IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE
MAXIMUM LIABILITY OF THE HAGGADOT PARTIES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification.
You must indemnify and hold Haggadot.com and its employees, representatives, agents, affiliates, directors, officers,
managers and shareholders (the "Indemnified Parties") harmless from and against any and all claims, causes of action,
liabilities, damages, losses, expenses, and/or. costs (including without limitation, attorneys' fees) that arise
directly or indirectly out of or from: (i) your violation of these TOS or any other agreement or terms of use with us;
(ii) your violation of any representation or warranty contained herein or any applicable law; (iii) your Content; (iv)
your activities in connection with obtaining any products or services from us; or (v) any activity related to access to
or use of your account by you or any other person. The Indemnified Parties shall (a) promptly give you written notice of
the claim; (b) give you sole control of the defense and settlement of the claim against the Indemnified Parties (except
that you may not settle any claim against the Indemnified Parties without the express written consent of the Indemnified
Parties); and (c) give you reasonable assistance, at your expense.
Term and Termination.
Term. This TOS shall remain in full force and effect while you use the Site and Services.
Termination. In its sole discretion, with or without notice to you, Haggadot.com may: (i) suspend, limit your access to
or terminate your use of the Site and/or the Haggadot.com Service; (ii) suspend, limit your access to or terminate your
account; (iii) remove any of your Content from Haggadot.com's servers and directories; and (iv) prohibit you from using
the Haggadot.com Service and/or the Site. Upon termination for any reason, your right to access and/or use the Site
and/or the Haggadot.com Service will immediately cease.
Survival. Notwithstanding Section 12.2 above, this TOS will survive indefinitely unless and until Haggadot.com chooses
to terminate this TOS.
Effect of Termination. If you or Haggadot.com terminates your use of the Site or the Haggadot.com Service, Haggadot.com
may delete any Content or other materials relating to your use of the Haggadot.com Service on Haggadot.com's servers or
otherwise in its possession. Notwithstanding the foregoing, you understand that any Content you expressly designated as
being “Public” and that Haggadot.com or other users of the Site made available in other areas of the Site other than
your user profile (including, without limitation, in another user’s library) may not be deleted. Haggadot.com will have
no liability to you or any third party for any termination of your use of the Site or Service or for any deletion of
your Content or for any Content that was not deleted that remains on the Site.
Notice.
All notices required or permitted to be given under these TOS (other than in connection with Section 7) will be in
writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or
(iii) electronic mail. If you give notice to Haggadot.com, you must use the following addresses: 19 Worth St., Saratoga
Springs, NY 12866 [email protected] & [email protected]. If Haggadot.com provides notice to you, Haggadot.com will use
the contact information provided by you to Haggadot.com. All notices will be deemed received as follows: (i) if by
delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is
confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system
error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in
writing," you agree that email communication will satisfy this requirement.
Dispute Resolution.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Haggadot.com Service
will be exclusively resolved under confidential binding arbitration held in California, before and in accordance with
the Rules of the American Arbitration Association, by a sole arbitrator applying California law (without regard for
conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of
competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located
in California. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and California State
courts. Notwithstanding anything to the contrary in this Section Can 14, Haggadot.com may seek equitable relief,
including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or
other security or proving money damages are insufficient, from a court of competent jurisdiction.
Miscellaneous.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed
in accordance with the laws of the State of California without reference to conflict of law principles. This TOS is not
assignable or transferable by you without the prior written consent of Haggadot.com. This TOS (including all of the
policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire
understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and
understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right,
power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any
right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power,
or privilege. You and Haggadot.com are independent contractors, and no agency, partnership, joint venture, or
employee-employer relationship is intended or created by this TOS.
Leader:
God brought ten plagues upon the Egyptian people as part of the Israelites’ journey to freedom. Tonight we read ten modern plagues that result from unfair, inequitable, and excessive practices in the criminal justice system. As we read each plague we remove a drop of wine from our glasses to symbolize our anguish at the suffering these plagues have caused.
Recite together:
The concentration of police drug enforcement resources in poor communities of color
The forfeiture laws and grant programs that incentivize making mass numbers of drug arrests
Racial discrimination in conviction rates for drug offenses
Racial discrimination in the length of sentences handed down for drug offenses
Minimum sentencing rules that are overly punitive and tie the hands of judges
The denial of parole to every prisoner serving a life sentence with the possibility of parole in Maryland
The denial of civil rights, such as employment, education, housing, public benefits, and jury service to individuals with criminal records
The sentencing disparity between crack and powder cocaine
The garnishing of up to 100% of wages to pay back fines, fees and costs that are a condition of probation or parole
The concentration of police resources on the war on drugs, which creates more crime than it prevents
1. The concentration of police drug enforcement resources in poor communities of color
About 9% of Marylanders violate drug laws each month, and people of all races engage in this illegal activity at similar rates. With such a large population of offenders to choose from, police have incredible discretion in deciding which neighborhoods and people to target. The police have chosen to direct their resources at impoverished communities of color, and to overlook suburban neighborhoods. It has become common for the police to use SWAT teams and militarized tactics in minority communities, while their use is rare in the affluent white neighborhoods where they would likely spur a political backlash. Beyond targeting African American communities, the police also disproportionately target African Americans within predominantly white environments. One study in Baltimore found that while only 21% of drivers on I-95 are African American, they represented 70% of those stopped and searched for drugs.xiii What made this even more shocking was the finding that whites were more likely than African Americans to be carrying illegal drugs in their vehicles. The effect of the disproportionate concentration of police resources is that while African Americans use drugs at the same rate as whites, they are more than twice as likely to be arrested for a drug offense. This disproportionate targeting of African Americans represents a cornerstone of our new system of racial control.
2. The forfeiture laws and grant programs that incentivize making mass numbers of drug arrests
The federal government has created powerful financial incentives for local police departments to focus their resources on arresting people for low-level non-violent drug offenses. The government provides an estimated $153 of funding to local police departments for each drug arrest, and the Pentagon further provides military equipment in proportion to the number of arrests.xiv As a further inducement to increase drug arrests, the federal government has authorized local police departments to use the cash and assets connected with illegal drug activity to supplement their budgets.
3. Racial discrimination in conviction rates for drug offenses
Prosecutors have incredible discretion over the fate of criminal defendants. They decide whether to try or dismiss a case, what charges to bring, what plea deal to offer, and even whether to transfer a case to the federal system where the penalties are more severe. Studies have regularly shown that prosecutors use this discretion to the detriment of African American defendants. One study concluded that at nearly every stage of pretrial negotiation, African Americans were less successful than similarly situated whites at getting charges reduced to misdemeanors or infractions.xv As a result, African Americans are three times as likely as whites to be incarcerated for a drug offense.xvi
4. Racial discrimination in the length of sentences handed down for drug offenses
The U.S. Sentencing Commission recently found that African American men face prison sentences that are nearly 20% longer than those of white men for similar crimes. Studies have further found that the sentencing disparities faced by African Americans are even greater for drug offenses than for violent crimes. One explanation is that when judges are faced with less serious offenders, they are more likely to allow non-legal factors, such as race, to influence their sentencing decisions.xvii
5. Minimum sentencing rules that are overly punitive and tie the hands of judges
The threat of mandatory minimum sentences empower prosecutors to extract guilty pleas from nearly all defendants. When cases do go to trial, mandatory minimums prevent judges from considering mitigating factors, such as the age or role of the defendant in the drug offense. Rather, judges are forced to deliver sentences that are far longer than would be the case if they were able to use their own discretion.
6. The denial of parole to every prisoner serving a life sentence with the possibility of parole in Maryland
Since 1995, Maryland’s governors have vetoed every decision by Maryland’s parole board to grant parole to eligible prisoners serving life sentences. Contrary to legislative intent and the expectations of judges, the sentence of life with the possibility of parole has become a de facto sentence of death in prison. At the same time, more than one in ten of those sentenced to life in prison in Maryland are teenagers, the people most in need of meaningful opportunities for release. Moreover, this is a rate that is higher than in all but two other states. Racial disparities characterize these sentences, with African Americans constituting 84% of juveniles serving life sentences, a rate that is tied with Alabama for the highest in the country.
7. The denial of civil rights, such as employment, education, housing, public benefits, and jury service to individuals with criminal records
Upon completing their formal sentence, individuals with felony convictions enter a new more permanent phase of punishment. Similar to the system of control during the Jim Crow era, highly disproportionate numbers of African Americans begin what has been termed an “internal exile.” They are permanently stripped of many of their basic civil rights, and prevented from reintegrating into the mainstream society and economy.
Across the country, employment and housing discrimination against individuals with criminal records is widely prevalent, with fewer than one in four employers saying that they would be willing to hire someone with a drug-related felony conviction.xix The U.S. government bars those with drug convictions from receiving federal student aid. Moreover, many states permanently bar individuals with felony convictions from receiving food stamps, cash assistance, and living in public housing. While Maryland restores these benefits after a period of time, those recently released from prison are often unable to access them at a time when they are most in need of support. Finally, Marylanders with felony convictions are automatically excluded from jury service, one of the basic rights of American democracy.
8. The sentencing disparity between crack and powder cocaine
Mandatory minimum sentences for the possession of crack cocaine are 18 times longer than those for the same weight of powder cocaine. While this disparity has been reduced from 100:1 in 2010, the presence of any disparity disproportionately discriminates against African Americans. According to the U.S. Sentencing Commission, African American constitute 79% those convicted of crack cocaine offenses and 28% of those convicted of powder cocaine offenses. At the same time, these numbers also represent racially discriminatory arrest and conviction rates, with African Americans constituting only 38% of crack cocaine users and 15% of powder cocaine users. The disparate treatment in sentencing is difficult to justify on non- racial grounds. The key difference between the two substances is that powder cocaine becomes crack after combining it with baking soda and heat. Research has shown both powder and crack cocaine to have an identical biological impact on the body.xx There are currently an estimated 2,700 individuals serving prison sentences under the discriminatory 100:1 sentencing guidelines, who would be free under the revised law.
9. The garnishing of up to 100% of wages to pay back fines, fees and costs that are a condition of probation or parole
Upon release from prison, returning citizens in Maryland often face a daunting numbers of fines, fees and costs related to their imprisonment. Returning citizens are billed to cover the cost of parole supervision, drug testing, treatment, community service programs, and some court proceedings. This is in addition to court mandated restitution and child support payments. With two-thirds of returning citizens unemployed, most are unable to pay these charges and thus face mounting nonpayment penalties. These debts then lead to civil judgments, negative credit reports, and wage garnishment. As a result, individuals caught in this impossible situation are often forced into the underground economy. Moreover, while debtor’s prisons are illegal, Maryland threatens to revoke parole for individuals that fail to make court payments, creating added stress that can prevent successful reentry into society.
10. The concentration of police resources on the war on drugs, which creates more crime than it prevents
Research shows that in many communities mass incarceration has reached a tipping point, where so many people have been removed as to undermine the social cohesion that helps maintain safety. The war on drugs rips apart community networks, destabilizes families, and locks people out of the mainstream economy. This has made it a leading cause of poverty, joblessness, and crime.
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