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Crime & Violence

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:

This Judge Is An Idiot

At the end of a Michigan murder case in which the victim was a marijuana dealer gunned down during a home invasion robbery, the judge railed against the "urban myth" that marijuana is harmless. Here is some of what Muskegon County 14th Circuit Judge Timothy Hicks had to say (read the article about the trial's conclusion here):
Before sentencing Weissert [the convicted murderer], Hicks addressed what he called a series of "urban myths." "Urban myth number one" is that "drug use is a victimless crime," Hicks said from the bench. "Here we have orphaned children, devastated families." Myth number two: " 'It's only marijuana,' " Hicks said. "Marijuana is as evil as the rest of this stuff. ... Marijuana indirectly caused all the carnage." The third myth is that drugs are only a "downtown" problem. "It's a problem everywhere -- in the suburbs, in rural areas," the judge said. And fourth: "The urban myth that you can stay in control of this." Although Sibson never intended it, his drug dealing "exposed his family to danger," Hicks said.
Let's take these one by one. Judge Hicks claims that this murder disproves the notion that "drug use is a victimless crime." Of course, it does nothing of the sort. The murder had nothing to do with drug use, but was the result of an attempted armed robbery, plain and simple. The robbers went after the marijuana dealer because there were valuable items they could take. Would the judge have railed against alcohol if someone had been murdered in a liquor store robbery? Next, Judge Hicks derides the notion that marijuana is a soft drug, not as dangerous as other drugs like cocaine, speed, or heroin. Marijuana is "as evil" as those other drugs and "indirectly caused all that carnage." Sorry, judge, pot is not "evil," nor are other drugs. Evilness does not inhere to plants or chemical compounds, but to human behavior. What is evil is breaking into someone's home and killing them because they have something valuable you want. I wonder if the judge would call cold, hard cash "evil" because someone robbed an armored car to steal some. Next, Judge Hicks decries the myth that drugs are only a "downtown" (read: black) problem, saying that "it's a problem everywhere." Well, yes, drug use knows no geographic boundaries, and the problems associated with drug use don't, either. But I suspect that the judge is thinking about the crime and violence associated with drug use and sales under prohibition, like, for instance, the murder case in front of him. To blame that killing on drugs in general and marijuana in particular is just plain stupid. The judge might want to get his head out of his ass and look around at what drug prohibition—not drugs—has wrought. He doubtless sees it every day in his courtroom. Finally, Judge Hicks attacks the victim. The dead man "exposed his family to danger" because he dealt in valuable marijuana. If I'm out riding in my new Cadillac with my family and we get carjacked by some envious punk, does that mean I exposed my family to danger by having something valuable that some criminal wants? It was not the murder victim but the prohibition laws routinely applied by Judge Hicks and his criminal justice system colleagues that created the situation where a bunch of dead plant material is assigned so much value that people are willing to rob and kill for it. It must be nice for armed robbers to know their victims are unlikely to seek protection from the police. Justice may be blind, but judges shouldn't be. Judge Hicks has clearly shown that he has an extreme case of tunnel vision. This guy doesn’t deserve to sit on the bench.

Mexican Federal Police Take Tijuana By Storm -- Too Bad It Won't Work

A Reuters article this afternoon reported that Mexico's new president, Felipe Calderon, is sending over 3,000 troops to Tijuana in a crackdown aimed at stemming the ongoing violence that has wracked the border city in recent years. The first 500 arrived today and are investigating charges of corruption in the local police force:
As two helicopters circled overhead, dozens of troops with assault rifles and riot shields converged on a police headquarters to inspect weapons, a first step in probing alleged drug gang links and corruption inside the local force.
The move comes only three weeks since Calderon sent 7,000 troops to his own home state of Michoacan. 2,000 people were killed in drug trade violence in Mexico last year. One of the guests at DRCNet's 2003 conference in Mexico, "Out from the Shadows, Ending Drug Prohibition in the 21st Century" ("Saliendo de las Sombras: Terminando de le Prohibición de las Drogas en el Siglo XXI" en Español) was Gregorio Urias German, a Mexican congressman from Sinaloa, another part of the country that has suffered in the drug wars. Urias blames drug prohibition for this violence, but he fears that "If we can't even discuss the alternatives, if we can't even admit the drug war is a failure, then we will never solve the problem." He said that existing forums, such as the UN and the Organization of American States, are not fruitful places for discussion, "because only the repressive policies of the United States are discussed at these forums." While it is not the job of media outlets like Reuters to take a position favoring legalization in their news reporting, they will be doing a better job when they start to include leaders like Urias in their articles who hold that point of view. This Google News link will pull up a list of hundreds of appearances of this news story that are currently active in the mainstream media (many though not all the Reuters story or another by the AP). We encourage you to follow the links and submit some letters to the editor. Post them back here along with the letter-writing info for others.

Violence Rate Rising Again -- AP Doesn't Mention Prohibition

An Associated Press article today reports that the homicide rate in the US is going up again:
After many years of decline, the number of murders climbed in 2006 in New York and many other U.S. cities, including Rocky Mount, reaching their highest levels in a decade in some places. (Rocky Mount is a North Carolina community whose local paper drew on the AP story to produce this article. Among the reasons given: gangs, drugs, the easy availability of illegal guns, a disturbing tendency among young people to pull guns when they do not get the respect they demand and, in Houston at least, an influx of Hurricane Katrina evacuees.
While drug warriors like former New York City mayor Rudy Giuliani credited the "broken windows" theory of policing and tough sentences in general for the crime drop, criminologists pointed instead to a range of factors -- a decrease in the number of youth in the population figured prominently. (With my elementary school -- Roosevelt -- having been converted into a condominium -- The Roosevelt -- because of demographics, I was aware that fewer kids were growing up for awhile.) A corollary is that with youth numbers expected to go up again, crime would eventually go up again too. And now it has (yes, in New York too). The AP story did not go into the role of drug prohibition in all of this. Basically, it is prohibition of drugs that causes the vast majority of the drug-related violence -- pharmacologically-induced violence, acts committed because of being under the influence of drugs -- makes up only a small portion of the total. Drug-related violence is first and foremost the violence of the drug trade -- gangs and other sellers fighting it out over turf. The illegal drug trade exists solely because the drugs are illegal. The second most important cause of drug-related violence is economic crimes committed to get the money needed to buy drugs. This would mostly go away if drugs were legal because the price of the drugs would drop to normal market levels and addicts would not need to commit crimes to afford them. It's impossible to have a serious discussion of the causes of violence without discussing -- without even mentioning -- the consequences of prohibition. This must be stated over and over and over until the people leading the discussion take note. Click here to submit a letter to the editor to the Telegram, and here for info on their letter standards. Please make a post here with a link or letter to the editor information for any other papers where you see the AP story or articles based on it.

How Long Can We Avoid Talking About What?

A featured post today on the Huffington Post blog by Josh Sugarmann ask Crime is Back -- How Long Can We Avoid Talking About It? The author, referring to an article in yesterday's Washington Post predicts that crime will make it to back to the front burner in the nation's political agenda. One of the causes is the rise, after a lengthy drop in the number of young males in the population. The Plank, a blog published by The New Republic magazine, also predicts today that crime will figure more prominently in 2008 than in other recent political campaign seasons. That scares me. When crime becomes a political issue, reason and creativity tend to go out the window in favor of tough talk and slogans. The heinous mandatory minimums -- the laws that got Weldon Angelos 55 years, to pick just one case -- were the result of politicos focusing on crime. I seriously doubt that Sugarmann favors that kind of sentencing, aligned as he is with the liberal left. That said, the collective "we" have been avoiding talking one of the most important causes of crime, perhaps the most important, since long before the recent years' crime drop even began: drug prohibition. So long as drugs are illegal, young males (and others) will get recruited by the illicit drug trade, will possess guns as a part of that, and will carry the guns wherever they go. Sometimes they'll use them. Whether crime rises or drops, the violence rate in our society and around the world is dramatically greater than it would be if drugs were legal. All the money that people spend on illicit drugs, hundreds of billions of dollars per year, are going into the criminal underground because of the drug laws. How could that not have a serious increasing effect on violent crime? How much longer can we avoid talking about that? Having mentioned the Huffington Post and the New Republic, I'll point that out that Post published Arianna Huffington is herself a longtime opponent of the drug war, as is New Republic Senior Editor Andrew Sullivan. Whatever else should be done about crime, prohibition must get addressed. A conversation about violence that omits the issue of the drug laws is incomplete.

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.

Pot Politics

It's going to be a lot of pot politics in the Drug War Chronicle this week. With the November elections now little more than a month away, there are developments in both Colorado and Nevada, the two states where measures that would free the weed are on the ballot. In Colorado, SAFER Colorado campaign director Mason Tvert is debating Colorado Attorney General John Suthers today.

Mexican Drug Trade Violence Approaching "Record Levels"

Sunday saw another article on the worrisome level of drug trade violence plaguing Mexico. (The link is to the Arizona Daily Star -- the web page attributes to the Dallas Morning News, but I could not find it on the DMN web site -- let us know if you spot it there.) The tone was ominous:
The scale of the lawlessness, its geographical reach, and the apparent inability of the government to keep it in check threaten Mexico's political stability, some analysts warn.
Analyst Javier Ibarrola of the Milenio newspaper says it is worse than it has ever been:
"I have never seen anything like this, ever," Ibarrola said.

Gilberto Gil is Still Making Beautiful Music -- This Time About Drug Legalization

Music lovers have long appreciated Brazilian composer and musician Gilberto Gil's enormous talent and his contributions to bossa nova, tropicalismo, and other uniquely Brazilian music forms. Of course, Gil was never just a musician; he and Caetano Veloso, another giant of Brazilian music, were imprisoned by the military dictatorship in 1969 for "anti-government activities," and the pair went to exile in London and the US after they were released.