Pubdate: Thu, 08 Jun 2000 Source: San Jose Mercury News (CA) Copyright: 2000 San Jose Mercury News Contact: 750 Ridder Park Drive, San Jose, CA 95190 Fax: (408) 271-3792 Website: http://www.sjmercury.com/ Author: JESSE KATZ, Los Angeles Times GROUP SLAMS U.S. FOR BLACKS' INCARCERATION RATE Watchdog, In Report On Drug Crimes, Calls Racial Disparities `A National Scandal' Charging that the war on drugs has been waged disproportionately against blacks, Human Rights Watch is scheduled to release a report today showing that 482 of every 100,000 African-American men are in prison for a drug crime, compared with just 36 of every 100,000 white men. The study, titled ``Punishment and Prejudice,'' also found that blacks make up 62 percent of the United States' imprisoned drug offenders, despite accounting for just 13 percent of the population. In half a dozen states, the disparity is even greater, with blacks making up 80 to 90 percent of all drug convicts behind bars. In every state, they are more likely than white men to be incarcerated for such crimes -- from North Dakota, where the odds are double, to Illinois, where the ratio is 57-to-1. According to the report, California sends drug offenders to prison at the highest rate in the nation, 91 per 100,000 residents. Thirty percent of all drug offenders sent to prison in California are black, although blacks make up just 7 percent of the state's population. ``These racial disparities are a national scandal,'' said Ken Roth, executive director of the New York-based watchdog organization, which touted the report as the first state-by-state analysis of its kind. ``Black and white drug offenders get radically different treatment in the American justice system. This is not only profoundly unfair to blacks, it also corrodes the American ideal of equal justice for all.'' The report, funded by billionaire investor George Soros' Open Society Institute, adds to the already bleak statistical portrait of inner-city America, which has served as the drug war's front line. But as with similar studies, its interpretation -- and the appropriate target for outrage -- is a matter of considerable debate. To Human Rights Watch associate counsel Jamie Fellner, who is the author of the report, the numbers paint a ``devastating picture of the price black Americans have paid'' for the country's failed battle to control illicit drugs. ``While drug abuse and drug trafficking warrant concerted national efforts,'' she wrote, ``it may be that the human, social and economic cost of the prison `cure' is worse than the `disease' itself.'' Conservatives, however, derided those conclusions as ``inflammatory,'' arguing that racially distinct outcomes, in and of themselves, are not evidence of racially biased policies. ``There will be inevitably, inherently, disparities of all sorts in the enforcement of any kind of law,'' said Todd Graziano, a senior fellow in legal studies at the Heritage Foundation, a conservative think tank. ``I'm sure you can find disparity among racial groups as to whether their ZIP codes end in odd or even numbers. It doesn't prove anything.'' Because the illegal drug trade tends to flourish in economically depressed communities, conservatives contend, it may be that blacks simply commit more drug crimes than whites -- or, at least, the kind of drug crimes that are more likely to result in a prison term. If that is the case, they say, then inner-city black neighborhoods are the ones that most benefit from putting drug offenders behind bars. ``Why on earth are people who claim to be civil rights advocates defending the predators in these communities?'' asked David Horowitz, president of the Los Angeles-based Center for the Study of Popular Culture and the author of ``Hating Whitey and Other Progressive Causes.'' The answer from Rep. Maxine Waters, D-Los Angeles, is that a black teenager standing on a corner with a baggie of crack cocaine should be viewed as a scapegoat, not a villain. He provides a convenient target for law enforcement, ``but a 19-year-old, low-level drug dealer in South-Central L.A. is not responsible for the devastation of the community,'' Waters said. Rather, she believes outrage -- and prison time -- should be reserved for those who allow international traffickers to move their drugs and money in and out of the United States. As an example, Waters pointed to a recent Senate investigation that rebuked Citibank for helping the brother of former Mexican President Carlos Salinas de Gortari transfer tens of millions of dollars in alleged drug profits out of his country, yet resulted in no charges of wrongdoing against the banking conglomerate. ``Blacks get treated differently,'' she said. The numbers contained in the Human Rights Watch report rely on 1996 prison-admission data from the National Corrections Reporting Program. The study for the first time calculated per capita incarceration rates for drug offenders in the 37 states that participated. Illinois topped the list, with 1,146 of every 100,000 black men (compared with just 20 of every 100,000 white men) in prison for a drug offense. Ohio followed, with a rate of 968, then Kentucky, at 869. The report then compared those numbers with the rates for white men and ranked the states according to the degree of racial disparity. Illinois again led, with blacks 57 times more likely than whites to be incarcerated for drug crimes. Wisconsin followed with a 54-1 ratio, then Minnesota at 39-1. Human Rights Watch, whose stated goal is to make governments around the world ``pay a heavy price in reputation and legitimacy if they violate the rights of their people,'' concludes with several policy recommendations: Repeal mandatory-minimum sentences, increase the availability of drug treatment and eliminate racial profiling. ``If this were happening to whites,'' Fellner said, ``the policies would change.'' Mercury News Staff Writer Ben Stocking contributed to this report. - --- MAP posted-by: Keith Brilhart