Pubdate: Wed, 25 Oct 2000
Source: San Diego Union Tribune (CA)
Copyright: 2000 Union-Tribune Publishing Co.
Contact:  PO Box 120191, San Diego, CA, 92112-0191
Fax: (619) 293-1440
Website: http://www.uniontrib.com/
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Author: William Raspberry, The Washington Post, PROBLEMS JAIL TIME MAY NOT SOLVE

As the owner of an Audi 5000 during the mid-'80s, I can tell you straight 
out I never believed the hoo-haw over "unintended acceleration." I'm 
convinced that the reason so many of those cars took off through garage 
walls and hedges, often injuring their drivers, is that the drivers (nearly 
all of them inexperienced at operating this particular car) were pressing 
not on the brake but on the nearby accelerator.

But because they were certain their foot was on the brake, their panicked 
response was simply to press harder.

California has been doing it again. Not with Audis, of course, but with 
drug incarcerations.

Somehow, officials in many parts of the state convinced themselves that 
tougher enforcement was the foot on the brake of drug-related crime. And 
when the numbers showed otherwise, why they just pressed harder.

Two intriguing artifacts from that error:

- - California now leads the nation with a drug-offender imprisonment rate of 
115 per 100,000. (The national average is 44.6 per 100,000.)

- - Counties with increased rates of drug arrests and imprisonments tend to 
have greater increases in violent crime, or at best smaller decreases in 
serious crime.

The numbers behind those findings are from a major study by the Justice 
Policy Institute (based in Washington, D.C., and San Francisco), and they 
make a compelling case that increased incarceration was the wrong pedal.

Imprisonments for drug possession, for instance, were five times as great 
in Riverside County as in Contra Costa County. But Contra Costa's violent 
crime rate is 30 percent lower.

Nor is it just with incarceration that the "brake" seems to cause 
unintended acceleration. Fresno County had a 131 percent increase in 
misdemeanor drug arrests from the early 1980s to the late 1990s, and a 33 
percent increase  in violent crime. At the other end, Los Angeles County 
had a 33 percent reduction in misdemeanor drug arrests during that same 
period and a 7 percent decrease in violent crime.

It's one thing to say get-tough approaches don't work, but why should they 
increase  the rate of violence?

Mike Males, a co-author of the JPI report "Drug Use and Justice," offers 
two possibilities. First, he says, small-time drug users who are sent to 
prison tend to become more serious users. They also tend to have a tougher 
time finding work after their release. A drug habit and joblessness 
constitute a pretty good recipe for trouble.

But a more important link, Males believes, is the matter of limited 
resources: "The more resources police departments put into arresting 
low-level drug-law violators, the less they'll have to deploy against the 
sellers, manufacturers and big-time dealers of illegal drugs."

Before you blow off the findings as obvious and common-sensical, let me say 
that the get-tough policy was based on an entirely rational set of 
assumptions, including the one that targeting low-level users and 
first-time offenders would reduce the number of low-level users and 
first-time offenders. Moreover, the theory held, failure to move against 
petty offenders would simply promote more serious offenses. Indeed, that is 
the whole idea behind George Kelling's influential book, "Fixing Broken 
Windows" -- that taking care of the small stuff (turnstile jumpers, 
graffiti, broken windows) is the best way to prevent the rougher stuff from 
happening.

Males said he never found that theory convincing. But what of the 
implications of his own? Isn't the logical conclusion that, if attention to 
low-level drug offenses produces bad results, we should ignore those offenses?

"We don't say it that way," Males said. "What our findings suggest -- and 
this is fairly complex stuff -- is that the most efficient way of using 
drug-enforcement resources is to concentrate on serious offenses. We've got 
a couple of presidential candidates right now who, if they had been 
arrested and identified and possibly incarcerated as drug offenders, would 
not be where they are today. I don't think we'd have been better off 
without them."

So is it JPI's conclusion that get-tough enforcement, zero tolerance and 
broken-window social therapy are largely worthless at best and may on 
occasion be like the misidentified "brake" on that much-maligned Audi 5000?

"If you made me reduce this very complicated matter to a single sentence," 
said Males, "it would be: Don't sweat the small stuff."

Raspberry can be reached via e-mail at  ---
MAP posted-by: Jo-D