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Policing

A better mayor, on drug policy at least...

Vancouver's former mayor, Larry Campbell (now a member of Canada's Senate) has an editorial in the Winnipeg Free Press criticizing both the Liberals and Conservatives in Canada for the increase in marijuana convictions -- the former for not introducing the decrim bill soon enough -- the latter for being, well, just wrong (Sen. Nolin excepted, of course.) Campbell writes:
It's about time that we get over the stigma associated with many of the false assumptions that dominate this debate, and pragmatically move forward on eliminating pot prohibition. As someone who has both walked the streets as a member of the RCMP's drug squad and examined legislation for passage into law as a Senator, I have a sharp understanding of what constitutes a criminal. Those that use pot just don't fit the profile.
Campbell's rational call for change stands in stark contrast to the strong anti-marijuana stance of another former mayor, New York City's Rudy Giuliani, who radically increased marijuana arrests and even opposes medical marijuana use. Campbell's actually for legalization across the board -- according to our 2003 interview with him, though not optimistic of it. Keep up with Canada drug policy news through our topics page here (or the RSS feed for it here). Or just read our newsletter...

Response from former ONDCP official to my China/death penalty post

On Friday I posted a piece on China's use of the death penalty for drug offenses, criticizing the UN, and secondarily the US, for programs that I believe are inadvertently feeding into this. My criticism of the US related to a drug enforcement cooperation agreement with China that was put in place in 2000 by then-Director of the Office of National Drug Control Policy (ONDCP) Barry McCaffrey. I got an email over the weekend from Bob Weiner, who served as ONDCP's Director of Public Affairs from 1995-2001, submitting these comments for the blog:
David, Saw your piece… The arrangement with China never was intended to mandate or magnify their death penalty -- they are choosing their own enforcement tools, which as so many human rights abuses in China are excessive. The arrangement—and I was there and organized the news conference with US (including Gen. McCaffrey) and Chinese officials—was simply to get them to agree with us in enforcing international drug laws and treaties. What we saw there, including thousands of people in treatment factories but not getting real treatment, and the unbridled flow of methamphetamine and opium, was unconscionable.

Interview with Hearne, Texas, drug war victim Regina Kelly

Radley Balko has posted a Flash-video interview he recorded with drug war victim Regina Kelly, one of the 27 black residents of Hearne, Texas, who were arrested in a Tulia-like incident involving an "informant" of the most scurrilous variety. Kelly, like most of the victims, was later exonerated. Balko and Kelly were both speakers at an ACLU conference in Seattle last weekend.

Seattle is a beautiful city -- with great drug reformers -- as I commented two weekends ago while the NORML Legal Seminar was convening in Aspen, "wish I were there..."

Why do we let cops be our "drug experts"?

We see this at all levels, from the local DARE officer misinforming the kids to national law enforcement associations lobbying for more funding to top cops explaining why marijuana is not a medicine. All will tout the dangers of their target drug du jour, and we listen to them as if they knew what they were talking about. Why? Police presumably "know" about correct drug policy because they deal with messed up drug offenders. But police also deal with domestic violence incidents, and we don't assume that makes them experts on marriage. (For anyone who does assume that, check out their divorce rates.) Law enforcement is not a dispassionate, disintered bystander in the debate over drug policy. It sucks greedily on the taxpayer's teat for ever-increasing funding, and it manufactures drug threats to do so. I await breathlessly the arrival of the "new heroin" or the next "worse than crack" drug, and I'm sure the cops are going to tell me all about it and explain why they need more money to fight it. Even if we are generous and grant that people in law enforcement want to do the right thing and save people from themselves, they are not the right people to be teaching our kids about drugs. The latest exhibit comes from Biloxi, Mississippi, where the local newspaper had a story with this headline: Officers Give Biloxi Students the Truth About Illegal Drugs. Here are the three "truths" I could discern from reading the article:
The police investigator told the group that " Young people are actually taking this frog and licking it." The students couldn't believe their ears. Then the investigator explained how licking a certain kind of frog has the same effects as using LSD. He also said there were people willing to do it to get high. "Are you serious? A frog?" asked one boy. "That's nasty," a girl chimed in.
The cop is referring to the Sonoran Desert Toad, which indeed excretes an hallucinogenic substance when agitated. I am unaware of any contemporary reports of a psychedelic toad-licking trend, but thanks, officer, for making the kids aware of this bizarre drug-taking possibility. The second "truth" I discerned from the article is this one:
Richard Robinson said the most surprising thing he learned was "That crack kills."
It's not quite so simple. Yes, one can die from a cocaine overdose, typically from cardiac arrhythmia, but I'm unaware of any wave of crack-related heart attack deaths. (Am I wrong? Anyone?). I did find one five-year study of Brazilian crack users that looked at 124 chronic users. After five years, 40% reported not using within the last year, and 23 of the original cohort had died during the five-year interim, a mortality rate above average. But the study noted that the most common cause of death was homicide, not drug overdose. Crack kills? Sometimes, maybe. But far, far more often, not. Finally, the third "truth" I discerned from the article:
"We try to help them to determine what's real and what's not real. What's falsehood and what's a myth," said Sgt. Jackie hodes. "There's a myth that marijuana doesn't hurt you but it does. It definitely hurts you. It destroys your brain cells. So we just try to give them some truth so they can make more informed decision."
Truth, huh? Here's the skinny on the tired old "marijuana kills brain cells" meme, courtesty of the Drug Policy Alliance's marijuana myths pages:
Myth: Marijuana Kills Brain Cells. Used over time, marijuana permanently alters brain structure and function, causing memory loss, cognitive impairment, personality deterioration, and reduced productivity. Fact: None of the medical tests currently used to detect brain damage in humans have found harm from marijuana, even from long term high-dose use. An early study reported brain damage in rhesus monkeys after six months exposure to high concentrations of marijuana smoke. In a recent, more carefully conducted study, researchers found no evidence of brain abnormality in monkeys that were forced to inhale the equivalent of four to five marijuana cigarettes every day for a year. The claim that marijuana kills brain cells is based on a speculative report dating back a quarter of a century that has never been supported by any scientific study.
I ask again: Why do we let cops pose as "drug experts"?

If You Like CSI: Miami, You’ll Love the Westwood College of Criminal Justice!

 

There’s something rather disturbing about TV ads for trade school criminal justice degrees. You may have seen them: “Call now to begin your exciting career in this growing industry! Help put the bad guys behind bars!”

 

As the proud owner of a bachelor’s degree in criminal justice, I find it more than a little unnerving to see this complicated subject reduced to a flashy 30-second TV commercial. Unlike most career opportunities, the field of criminal justice ideally shouldn’t be a “growing industry.” Everyone knows criminals are bad, and the brand of justice getting administered these days is often a crime in itself. America’s ongoing crime problems are more depressing than “exciting,” and the solution is not for more people to get up off the couch and start cracking skulls.

 

This weekend I saw a new ad for Westwood College, which begins with a man in the shower reading Miranda rights to an imaginary suspect. An announcer then says something to the effect of "do you fantasize about a career in law-enforcement? Call Westwood today…" I’m left wondering if I really want this crazy idiot who plays cop in the shower running around my neighborhood with a badge and a gun.

 

Westwood College’s criminal justice page does little to placate my pessimism:

Why are there so many TV shows about the criminal justice system? Because it's exciting. All the dynamic elements that make for great TV also make for a great career.

Are you taking notes, class? Lesson 1: being a police officer is just like being an action hero on TV. So if you’ve been watching enough CSI Miami, you’ll ace Forensics and probably Firearms, too. You could take engineering if you want, but then you’d be wasting all that career experience you absorbed inadvertently by watching Law & Order: Criminal Intent. Did you know Vincent D’Onofrio and Chris Noth are team-teaching the section on homicide interrogation?

 

Seriously though, comparing any activity to being on TV automatically appeals to the lowest common denominator. It should go without saying that anyone who’s apt to believe that a career in policing is as exciting as watching The Shield probably shouldn’t be enforcing laws in real life. It’s a particularly disturbing prospect in this context since police on TV are often trigger-happy and prone to habitual misconduct. Surely these aren’t the “dynamic elements” Westwood has in mind, but if they have a clue what kind of crap passes for crime drama these days, they ought not to invite the comparison.

 

Mark Kleiman gives drug reformers something to chew on

Mark Kleiman is one of a relatively small number of US academics who thinks and writes about drug policy. I don't always agree with him—especially his proposals for licensing drug users, higher alcohol taxes, and "coerced abstinence"—but his work is thoughtful, and, after listening to what passes for drug policy discourse among the political class, a veritable breath of fresh air. Kleiman is at it again this week, with a lengthy article, "Dopey, Boozy, Smoky—And Stupid," in the magazine The American Interest. After noting that 35 years into the war on drugs, the country still has a massive drug problem, as well as a massive police and prison apparatus aimed at drug users and sellers, Kleiman observes that no policy is going to eradicate drug use and what is needed is "radical reform." But real reform requires a better understanding of drugs and drug use, and that is where reality confronts mythology. As Kleiman notes, "most drug use is harmless," but drug abuse is not. That's quite different from "just say no." Similarly, he goes up against another drug policy mantra, this one popular with some reformers, that "drug abuse is a chronic, relapsing condition." That is true for only a minority of a minority of drug users, he correctly notes. After discussing some of the basics, Kleiman gets to the fun and thought-provoking part of his article—general policy recommendations:
These facts having now been set out, five principles might reasonably guide our policy choices. First, the overarching goal of policy should be to minimize the damage done to drug users and to others from the risks of the drugs themselves (toxicity, intoxicated behavior and addiction) and from control measures and efforts to evade them. That implies a second principle: No harm, no foul. Mere use of an abusable drug does not constitute a problem demanding public intervention. “Drug users” are not the enemy, and a achieving a “drug-free society” is not only impossible but unnecessary to achieve the purposes for which the drug laws were enacted. Third, one size does not fit all: Drugs, users, markets and dealers all differ, and policies need to be as differentiated as the situations they address. Fourth, all drug control policies, including enforcement, should be subjected to cost-benefit tests: We should act only when we can do more good than harm, not merely to express our righteousness. Since lawbreakers and their families are human beings, their suffering counts, too: Arrests and prison terms are costs, not benefits, of policy. Policymakers should learn from their mistakes and abandon unsuccessful efforts, which means that organizational learning must be built into organizational design. In drug policy as in most other policy arenas, feedback is the breakfast of champions. Fifth, in discussing programmatic innovations we should focus on programs that can be scaled up sufficiently to put a substantial dent in major problems. With drug abusers numbered in the millions, programs that affect only thousands are barely worth thinking about unless they show growth potential.
Hmmm, sounds pretty reasonable. Now, here is where Kleiman gets creative. Below are his general policy recommendations. I will leave the comments for others, but there is plenty to chew on here:

Corruption and Misconduct: Bastard Children of the War on Drugs

One of the most widely ignored consequences of the drug war is its negative influence on the men and women who carry it out. Two disturbing stories from local papers illustrate the drug war's profound ability to criminalize our public servants.

First, a revealing story of police misconduct from The Journal Inquirer in North Central Connecticut:

A Hartford police detective arrested days after his retirement in 2004 on charges of falsifying an arrest warrant has been granted a special form of probation that could lead to his arrest record being expunged.

The decision came after a hearing in which [Sgt. Franco] Sanzo's lawyer, Jake Donovan of Middletown, called another retired officer who said that police frequently sign their names to warrants - and swear before judges - that they've seen things they haven't.

So basically Sanzo's defense was that this type of misconduct is a matter of routine at his department. And it worked! I don't know if I'm more shocked that a defense attorney would offer an argument so contemptuous towards the Fourth Amendment, or that a judge would actually be persuaded by an attempt to rationalize police misconduct.

Finally, A Local Newspaper Drug Bust Story That Asks the Right Question

My job requires me to look at countless drug-related newspaper articles every day in search of drug policy news. Most of those articles are not about drug policy, but about the more mundane daily drug busts. And the vast majority of articles about drug busts follow a simple template: Report the bust, report the cops' self-congratulatory remarks about making a difference. It is extremely rare for these run-of-the-mill drug bust stories to carry any context or raise the larger questions about the (f)utility of our current drug policies. That's why it's so heartwarming to come across a story like the one that was published in the Easton (Pennsylvania) Times-Express on Sunday.

From the Maras to the Zetas

UPDATE: Check out Phil's book review of De los Maras a los Zetas here. Despite the daily toll of arrests and busts in the United States, America's drug war is waged largely in other countries. Mexico, for example, is likely to see more police killed in a bad weekend than the US will see in an entire year. And in Colombia, the drug war is now part of a messy civil war/war on drugs/war on terrorism with casualties—police, soldiers, guerrillas, paramilitaries, civilians—on a daily basis.