Pubdate: Thu, 01 Jun 2000 Source: Chicago Sun-Times (IL) Copyright: 2000 The Sun-Times Co. Contact: 401 N. Wabash, Chicago IL 60611 Feedback: http://www.suntimes.com/geninfo/feedback.html Website: http://www.suntimes.com/ Author: Michael Hedges, Scripps Howard News Service U.S. LAW ENFORCEMENT IS SURGING Federal law enforcement is on the rise, the first comprehensive gathering of federal arrest figures shows. Fueled by drug-law enforcement and greater efforts to curtail illegal immigration, the number of federal criminal court cases rose nearly 13 percent from 1997 to 1998. Federal agents arrested 106,139 people in 1998, according to Justice Department statistics. Almost half of those apprehended were for drug law or immigration violations. More than 43,000 people were sent to federal prisons that year, for an average sentence of almost five years. The figures were released Wednesday by the Bureau of Justice Statistics. There were 83,000 federal law-enforcement officers in 1998, including 33,000 in four Justice Department agencies that conduct nearly three out of four federal criminal investigations: the FBI, the Drug Enforcement Administration, the Immigration and Naturalization Service and the U.S. Marshals Service. That number has risen steadily since 1993, when there were 69,000 federal agents, with about 24,000 of them in the DEA, FBI and immigration and marshals services. In one year, from 1997 to 1998, the number of people brought to trial in federal court rose from 69,351 to 78,172, a 12.7 percent increase. Of those, 87 percent were convicted, usually as a result of a guilty plea. The last decade has seen a steady rise in the percentage of those convicted in federal court who go to prison. In 1998, 71 percent of those found guilty were incarcerated, compared with just 60 percent in 1990. The average sentence for the 43,041 convicted in federal court was four years, 11 months. Some analysts and legal experts see in the statistics a confirmation of the "federalization" of law enforcement in America. "Under our constitutional system, the federal government is supposed to have a very limited crime-fighting role," said Tim Lynch, an analyst with the Cato Institute, a libertarian foundation in Washington. "But for the past 20 years, it seems every session of Congress has escalated the drug war, and that has led to an increase in federal agents, and federal prisons and the federal court system." Edward Mallett, a Houston lawyer and the incoming president of the National Association of Criminal Defense Lawyers, said, "What is being reported here is pretty much what one would expect. . . . The federalization of some formerly state offenses accounts for some of this." Mallett said that in Texas, as the number of federal law-enforcement agents involved in anti-drug and anti-immigration activities has grown, the threshold for triggering a federal crime has fallen. "Cases federal prosecutors would have declined a year ago they are prosecuting now," he said. "They used to turn down drug prosecutions under five kilos; now they'll prosecute for an ounce and a half. They're looking for work." Since 1990, the number of people being held in federal jails awaiting trial or deportation has grown rapidly from just over 140,000 to more than 200,000. The number of inmates in federal prison is up more than 90 percent for the same period, from 57,000 to 109,000. - --- MAP posted-by: Keith Brilhart