FacebookTwitterGoogle+RedditEmail

Playing Politics With the Drug War

by SHELDON RICHMAN

Two recent law-enforcement decisions illustrate yet again that when government sets out to solve a problem it created, things get much worse.

This week, Attorney General Eric Holder announced that the Justice Department will keep nonviolent small-scale drug sellers who have no links to criminal organizations from getting caught in the mandatory-minimum-sentence trap. Under current law, judges must impose a mandatory minimum prison term for defendants convicted of selling more than a specified quantity of illegal drugs.

With prison populations and costs mushrooming — America has more people behind bars than any other country in the world — Holder has instructed U.S. attorneys to evade the mandatory-minimum law by not specifying drug quantities when they charge qualifying suspects. He also wants alternatives to prison pursued where possible. While it’s good news that some people who would have faced long prison sentences now will not, we nevertheless should be concerned whenever the executive branch unilaterally declares it will write its own law.

The other decision, this one from a court, criticized New York City’s stop-and-frisk policy, under which the police can stop, pat down, and question anyone on the street who arouses suspicion, a highly subjective criterion indeed. Federal District Judge Shira Scheindlin ruled that the New York Police Department carries out the policy in a manner that violates the Fourth Amendment rights of blacks and Hispanics. The judge specified the ways that the city could fix the policy and appointed a monitor to keep an eye on the police.

In both matters, horrendous policies are to be tweaked to make them less egregious. But this won’t be satisfactory. New York police will still have the arbitrary power to stop people walking down the street, and the federal judges will still put some people away with long mandatory prison terms regardless of the particulars of their cases.

In other words, deeply flawed policies can’t be tweaked enough to make them acceptable. Stop-and-frisk and mandatory minimums should be abolished.

Yet even this would fall short of what’s needed. The problems purportedly addressed by stop-and-frisk and mandatory minimums are of the government’s own making. Thus, if we got to the root, the “need” for these bad policies would disappear.

Stop-and-frisk is largely aimed at finding youths who are carrying guns and drugs. Mandatory minimums are directed at drug sellers. It’s not hard to see what is at the root: drug prohibition. When government declares (certain) drugs illegal, those drugs don’t disappear; instead they move to the black market, which tends to be dominated by people skilled in the use of violence. Because the trade is illegal and the courts are off-limits for dispute resolution, contracts and turf will be protected by force. Those who operate on the street will find it wise to be armed.

So, as a result of prohibition and its attendant violence-prone black market, in some parts of town a percentage of young men will likely be walking around with guns and drugs. Seeing this, politicians and law-enforcement bureaucrats turn to stop-and-frisk and mandatory minimum sentences. But the only real solution is to repeal prohibition. There’s no need for intrusive police tactics or prison terms.

In a free society, government has no business telling us what we can and can’t ingest or inject. Before drug prohibition, America had no drug problem. It’s prohibition that created the problem, just as alcohol prohibition gave America organized crime on a large scale. As we’ve seen, when government tries to ban drugs, it creates bigger problems by putting drugs in the streets and gangs in control.

Ask yourself why after so many decades of apparent failure — drugs are plentiful, accessible, and inexpensive — prohibition persists, as if spending more taxpayer dollars or coming up with some new law-enforcement gimmick will bring success. Maybe prohibition has not failed at all. Maybe the purpose is simply to spend the money and expand law enforcement. Maybe all the moralizing is simply a ruse.

And maybe what Thomas Paine said about wars also applies to the war on drugs: “a bystander, not blinded by prejudice nor warped by interest, would declare that taxes were not raised to carry on wars, but that wars were raised to carry on taxes.”

Sheldon Richman is vice president and editor at The Future of Freedom Foundation (www.fff.org) in Fairfax, Va. He can be reached through his blog, Free Association.

Sheldon Richman, author of the forthcoming America’s Counter-Revolution: The Constitution Revisited, keeps the blog Free Association and is a senior fellow and chair of the trustees of the Center for a Stateless Society, and a contributing editor at Antiwar.com.  He is also the Executive Editor of The Libertarian Institute.

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

January 23, 2017
John Wight
Trump’s Inauguration: Hail Caesar!
Mark Schuller
So What am I Doing Here? Reflections on the Inauguration Day Protests
Patrick Cockburn
The Rise of Trump and Isis Have More in Common Than You Might Think
Binoy Kampmark
Ignored Ironies: Women, Protest and Donald Trump
Gregory Barrett
Flag, Cap and Screen: Hollywood’s Propaganda Machine
Gareth Porter
US Intervention in Syria? Not Under Trump
L. Ali Khan
Trump’s Holy War against Islam
Gary Leupp
An Al-Qaeda Attack in Mali:  Just Another Ripple of the Endless, Bogus “War on Terror”
Norman Pollack
America: Banana Republic? Far Worse
Bob Fitrakis - Harvey Wasserman
We Mourn, But We March!
Kim Nicolini
Trump Dump: One Woman March and Personal Shit as Political
William Hawes
We Are on Our Own Now
Martin Billheimer
Last Tango in Moscow
Colin Todhunter
Development and India: Why GM Mustard Really Matters
Mel Gurtov
Trump’s America—and Ours
David Mattson
Fog of Science II: Apples, Oranges and Grizzly Bear Numbers
Clancy Sigal
Who’s Up for This Long War?
Weekend Edition
January 20, 2017
Friday - Sunday
Paul Street
Divide and Rule: Class, Hate, and the 2016 Election
Andrew Levine
When Was America Great?
Jeffrey St. Clair
Roaming Charges: This Ain’t a Dream No More, It’s the Real Thing
Yoav Litvin
Making Israel Greater Again: Justice for Palestinians in the Age of Trump
Linda Pentz Gunter
Nuclear Fiddling While the Planet Burns
Ruth Fowler
Standing With Standing Rock: Of Pipelines and Protests
David Green
Why Trump Won: the 50 Percenters Have Spoken
Dave Lindorff
Imagining a Sanders Presidency Beginning on Jan. 20
Pete Dolack
Eight People Own as Much as Half the World
Roger Harris
Too Many People in the World: Names Named
Steve Horn
Under Tillerson, Exxon Maintained Ties with Saudi Arabia, Despite Dismal Human Rights Record
John Berger
The Nature of Mass Demonstrations
Stephen Zielinski
It’s the End of the World as We Know It
David Swanson
Six Things We Should Do Better As Everything Gets Worse
Alci Rengifo
Trump Rex: Ancient Rome’s Shadow Over the Oval Office
Brian Cloughley
What Money Can Buy: the Quiet British-Israeli Scandal
Mel Gurtov
Donald Trump’s Lies And Team Trump’s Headaches
Kent Paterson
Mexico’s Great Winter of Discontent
Norman Solomon
Trump, the Democrats and the Logan Act
David Macaray
Attention, Feminists
Yves Engler
Demanding More From Our Media
James A Haught
Religious Madness in Ulster
Dean Baker
The Economics of the Affordable Care Act
Patrick Bond
Tripping Up Trumpism Through Global Boycott Divestment Sanctions
Robert Fisk
How a Trump Presidency Could Have Been Avoided
Robert Fantina
Trump: What Changes and What Remains the Same
David Rosen
Globalization vs. Empire: Can Trump Contain the Growing Split?
Elliot Sperber
Dystopia
FacebookTwitterGoogle+RedditEmail