Newsgroups: misc.legal From: [h--le--n] at [hprpcd.rose.hp.com] (Helen Nusbaum) Subject: Janet Reno and The Drug War Date: Mon, 26 Jul 1993 21:53:16 GMT 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