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- Newsgroups: misc.activism.progressive
- From: Helen Nusbaum <helenn@hprdewa.rose.hp.com>
- Subject: Janet Reno and The War On Drugs
- Message-ID: <1993Jul29.081510.6403@mont.cs.missouri.edu>
- Date: Thu, 29 Jul 1993 08:15:10 GMT
-
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- Janet Reno and The War On Drugs
- Copyright 1993 by Steven Meinrath*
-
-
- The nation's new Attorney General, Janet Reno, addressed a group
- of business leaders recently and gave them a message they were probably
- not expecting to hear: perhaps it is time to replace mandatory minimum
- prison sentences with alternative sentences for nonviolent offenders;
- perhaps drug policy needs to be redirected to emphasize education and
- treatment. This, of course, would represent a 180 degree turn around
- from the policies of the past 20 years.
-
- Draconian mandatory sentencing laws for drug offenses have been
- adopted throughout the country and the results are plain to see. The
- Justice Department recently reported that the nation's prison
- population had reached an all-time high of 883,593, up by 59,460 in the
- last year alone. And who are all these new souls joining the ranks of
- the masses already behind bars? "Drug offenders were a major source
- for the increased number of prisoners," according to Lawrence A.
- Greenfield, Acting Director of the Bureau of Justice Statistics.
-
- The policy of incarcerating huge numbers of people for drug law
- violations versus providing resources for drug abuse prevention and
- treatment has overburdened the entire criminal justice system to the
- point of near collapse and has played a substantial role in creating
- the financial crisis facing our cities. This situation has developed
- because for years no one in government has dared to challenge this
- policy for fear of sounding soft on crime. Justice Department figures
- show that in 1977, slightly over one in ten new prison commitments was
- for a drug offense. In 1990, that figure grew to one-third of all new
- commitments. No one can credibly argue that the law enforcement
- approach to drug abuse has not been tried, it just hasn't worked.
-
- Attorney General Reno is not alone in questioning whether the
- nation's drug policy has been a failure. An increasing number of
- criminal justice professionals, and even some forthright politicians,
- have concluded that the so-called war on drugs is a major part of the
- problem facing our cities. This month the mayors and police chiefs of
- San Francisco, Oakland and San Jose signed a resolution stating that
- the drug war has been a costly failure and it is time for a change.
- The resolution, authored by Hoover Institution fellows Milton Friedman,
- the Nobel-Prize winning economist, and Joseph McNamara, the former
- police chief of San Jose, urges President Clinton and Congress to
- establish a commission "to recommend revisions of drug laws of the
- United States in order to reduce the harm our current policies are
- causing."
-
- One need not look far to see the harm these laws are causing. San
- Francisco mayor Frank Jordan, himself that city's former police chief,
- stated, "We're building new jails, we're closing schools and we're
- reducing library hours all over this country, something is wrong."
- Stressing the need to focus more on rehabilitation and prevention than
- on arrests and punishment, Jordan stated, "Drug use and abuse in
- America is a medical and social problem. Addiction is not curable by
- criminal solutions alone."
-
- The resolution also recognized that the drug war has been
- disproportionately waged against minorities, a point which was also
- driven home this month in a federal court in Nashville. There, U.S.
- District Judge Thomas Wiseman ordered the federal Drug Enforcement
- Agency to return $9,000 which its agents had seized over two years ago
- from Tennessee landscaper Willie Jones. Although no charges were ever
- filed against Jones, the money was taken from him at Nashville's Metro
- Airport because the DEA said he fit a "drug-courier profile."
-
- "This may be the first case in which a federal judge has
- specifically determined that drug officers were targeting people on the
- basis of race and found a constitutional violation in that sort of
- tactic," said E.E. Edwards III, Jones' attorney and head of a task
- force of the National Association of Criminal Defense Lawyers
- investigating forfeiture abuse. Scripps-Howard news service reports
- that Judge Wiseman's ruling reverses a trend in the federal courts to
- uphold such seizures.
-
- All this may signal a policy shift in the making but it is too
- early to declare that the days of chest-beating, war on drugs rhetoric
- and legislation are over. The Attorney General's comments were clearly
- intended to serve as a trial balloon. They are sure to meet with
- intense criticism. Powerful forces are at work to maintain the status
- quo. The drug war, as disastrous as it has been to the public
- interest, is a multi-billion dollar industry. Despite these hopeful
- signs, the drug war is still very much with us and continues to drive
- our cities deeper and deeper into financial crisis.
-
-
- *Steven Meinrath is an attorney in Sacramento, CA
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