For more information, contact:
Eric E. Sterling, President
The Criminal Justice Policy Foundation
Tel. (301) 301-589-6020

WASHINGTON – Noelle Bush, 24, niece of President George W. Bush, and daughter of Florida Governor Jeb Bush, was arrested in Florida today for fraud in attempting to obtain Xanax® (alprazolam), a Schedule IV controlled substance.

Eric E. Sterling, President of the Criminal Justice Policy Foundation, made the following statement: "Having a daughter myself, I empathize with the entire Bush family, and hope that Noelle Bush does not go to prison. If she were my daughter, I would do everything I could to keep her out of prison, as I am sure the Bush family will do. It is well documented that American prisoners frequently face rape, AIDS, violence, extortion, inadequate medical care, and overcrowding.

"Ms. Bush is accused of violating the regulations governing the prescription drug trade, a serious crime under both Florida and Federal law. The Federal law (21 U.S.C. 843(a)) provides for imprisonment of up to four years and a $30,000 fine for obtaining drugs by fraud. If Ms. Bush were charged and convicted in Federal court, without a prior record, the sentencing guidelines for Federal judges suggest a sentence range of 0 to 6 months imprisonment with probation being likely (USSG 2D2.2). But you can be sure Noelle Bush won’t go to prison. Unlike most women facing these charges, she won’t be indicted on conspiracy charges, have to become an informant, or turn in her boyfriend.

"Fortunately for Ms. Bush, if bail is required, her family will be able to pay it. She will be represented by well-paid, highly experienced attorneys who will devote every effort to keep her from prison. Ms. Bush’s family will be able to pay for any medical evaluation necessary for her defense, and they will be able to arrange the finest drug treatment program for her while she awaits trial.

"Most residents of Florida, or the rest of America, facing her situation don’t have these advantages. Twenty-five years ago I was an overworked, underpaid, and undertrained public defender. Most of my clients couldn’t raise bail, hire expert witnesses or get drug treatment. Most of those arrested for crimes are represented by underpaid, overworked court appointed counsel.

In 2000, Florida arrested 145,000 persons on drug charges, about 9.2% of the nation’s drug arrests. On June 30, 2000, Florida’s prisons held 71,233 prisoners. 12,620 prisoners (17.7%) were there for drug offenses, the largest single category.

In FY 2000, 28.5% of Florida’s new prison admissions were for drug offenses. 2,302 women were admitted to prison, 8.9% of the total. 6,910 of the new admissions (26.8%) were Ms. Bush’s age (18-24 years). 8,440 (32.8%) were 25- to 34-years old.

"Given this intense enforcement effort in Florida, it was almost inevitable that someone with a drug problem like Ms. Bush’s would come to the attention of the authorities. Should the responding authorities be police officers with handcuffs or mental health professionals? Does Ms. Bush’s arrest suggest that our system is working effectively in fighting drug abuse by catching violators? Or does her arrest suggest our system of anti-drug education programs, and deterrence by means of tens of billions of dollars in prosecution and imprisonment annually, is not working? Ultimately, isn’t it absurd that our laws bring this young, nonviolent woman into the gutter of the criminal justice system because she appears to have a medical and/or spiritual problem?"

"The conventional wisdom of establishment drug policy is that Ms. Bush’s arrest is a good thing because it will enable the government to force her to get drug treatment. Of course, if the drug treatment is not successful, she risks going to prison, and all bets are off."