October 3, 2003
Response to CAMC
1. Focus as public defender: In my capacity as public defender I have observed that the majority of crimes in our community involve the use, sale, or possession of illegal drugs. Criminals commit violent crime while under the influence of drugs, they commit thefts, burglaries, and robberies to purchase drugs, and they often finance their criminal activity by selling drugs to our children. Through my work as a public defender I was able to identify that for our communities to be safe from crime we combat drug sale and use on all fronts. For this occur, I began to formulate the ideas to eradicate drugs from our community listed below in subsection 3
2. Focus as private attorney: The focus of my practice is helping newly found immigrants access and understanding of the American Legal system. Often individuals will come into my office frightened believing their interests cannot be adequately safeguarded in court because of language and cultural barriers. I have been able to help hundreds of individuals with naturalization and immigration issues. I have successfully defended criminal and civil complaints. I have been able to proactively work in the community to bring a better understanding of the legal system to others. I have also gained insight of methods the District Attorney’s Office can employ to more efficiently prosecute crime. Being able to help people receive justice and due consideration in our legal system is rewarding on both a professional and personal level.
3. Proposals and initiatives to safeguard our community:
PROGRAMS TO ERADICATE DRUGS FROM OUR COMMUNITY
The root of most violent crimes that occur in Montgomery County are related to the sale of drugs. Drug transactions take place in the streets, apartment projects, houses, and other buildings or structures. If those who deal drugs in the community can be removed then the root of most crimes would also be removed.
As District Attorney, I will enforce drug nuisance and abatement laws (42 PA. C.S. 8383) of Pennsylvania and Montgomery County. In essence, these types of laws allows the District Attorney to bring civil actions against those tenants who use, store, or sell controlled dangerous substances and remove them from the rental property and community. Any property, mobile home, or vacant lot that is being used for drug activity can be considered a nuisance.
Currently, some police officers who arrest and charge offenders for narcotics violations are not aware of this powerful legal tool to remove drug dealers and users from the community. Consequently, there are not enough nuisance abatement cases that the police bring to the District Attorney’s Office for screening and prosecution. This is indicative of insufficient interaction between the prosecutors and the police that I intend to remedy.
Along with enforcing drug nuisance laws, there are additional steps I will implement to bring an end to drug dealing and use in our neighborhoods. As District Attorney I will:
- Discourage illegal drug use by reminding landlords that it is their responsibility to prohibit illegal activity on their properties.
- Assign prosecutors to various communities to work closely with citizens and civic association groups to combat crimes (brings the prosecutors out of the courthouse and closer to the communities).
- Develop new collaborative relationships between law enforcement entities and citizens in an effort to be more responsive to the crime-related concerns of the communities.
- Work with Area School Administrators and Principals to educate our children on the dangers of drug use.
- Actively prosecute "mid-level dealers." by making it the District Attorney’s priority to take on and eradicate the drug dealers who are supplying drugs to the street level dealers. The mid-level dealer is the root of the drug supply to our communities. By prosecuting the mid-level dealers, a substantial step will be taken in making our neighborhoods safer.
4. Position on RAVE Act:
The RAVE Act, authored by Sen. Joe Biden (D-DE), was intended to target the electronic music shows, called raves, which are known for open use of the drug ecstasy, by making it a crime for the owner of a venue to knowingly host an event where illegal drugs are used. Each year tens of thousands of young people are initiated into the drug culture at
rave' parties or events (all-night, alcohol-free dance parties typically featuring loud, pounding dance music). Some raves are held in dance clubs with only a handful of people in attendance. Other raves are held at temporary venues such as warehouses, open fields, or empty buildings, with tens of thousands of people present. The trafficking and use of ‘club drugs', including 3, 4 Methylenedioxymethamphetamine (Ecstasy or MDMA), Ketamine hydrochloride (Ketamine), Flunitrazepam (Rohypnol), and Gamma hydroxybutyrate (GHB), is deeply embedded in the rave culture. Many rave promoters go to great lengths to try to portray their events as alcohol-free parties that are safe places for young adults to go to dance with friends, and some even go so far as to hire off-duty, uniformed police officers to patrol outside of the venue to give parents the impression that the event is safe. Despite such efforts to convince parents that raves are safe, promotional flyers with slang terms for Ecstasy or pictures of Ecstasy pills send the opposite message to teenagers, and in effect promote Ecstasy along with the rave. According to the National Drug Intelligence Center, raves have become little more than a way to exploit American youth. The RAVE act allows for a $250,000 fine for any individual who "manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance." Judicious enforcement of this law will ensure that our communities and children are safer from drug use and abuse.
Joshua Chung