Pubdate: Thu, 23 Mar 2006
Source: Washington Post (DC)
Page: A5
Copyright: 2006 The Washington Post Company
Contact:  http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491
Author: Darryl Fears, Washington Post Staff Writer
Note: the report, 'Disparity by Design,' 51 pages, is on line at 
http://www.justicepolicy.org/reports/SchoolZonesReport06.pdf
Bookmark: http://www.mapinc.org/find?217 (Drug-Free Zones)
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/find?247 (Crime Policy - United States)
Bookmark: http://www.mapinc.org/find?244 (Sentencing - United States)

DRUG-FREE ZONES OFF-TARGET, GROUP SAYS

Report Links Areas to Racial Disparities in Convictions, Sentences

During the crack cocaine epidemic of the 1980s, dozens of states drew 
wide circles around schools and called them "drug-free zones" to keep 
dealers away from children. But a national report released yesterday 
said the zones have failed to achieve that goal.

A report by the Justice Policy Institute, a liberal research 
organization that advocates for alternatives to incarceration, said 
the zones have led to a far different result: a disproportionately 
high number of drug convictions and harsh sentences for black and 
Latino citizens who live who live near urban schools and other protected areas.

In some cases, entire cities are covered by the zones, leading to 
mandatory sentences even for first-time offenders caught possessing 
minuscule amounts of drugs far from any school. According to the 
report, "Disparity by Design: How Drug-Free Zone Laws Impact Racial 
Disparity -- and Fail to Protect Youth," only 1 percent of drug cases 
that originated within a zone involved children.

Zones measure from 300 feet to three miles, averaging about 1,000 
feet -- about three football fields -- from school property to some 
other facility, the report said. The zones exist in most states, from 
North Carolina to Minnesota, Alaska and Hawaii.

Alabama's zones cover 27 square miles each, almost half the size of 
one of its largest cities, Tuscaloosa. Convictions within the zones 
often come with fixed sentences that are added to whatever jail time 
is imposed for the crime committed.

"In Utah and Washington, people said these zones are so wide they 
don't target the people they should be targeting," said Jason 
Ziedenberg, a co-author of the report. "They do not deter drug sales 
and they do not protect youth from drug sales near schools. People's 
fears are justified, but these zones are not doing what people think 
they're doing."

The disparity report followed on the heels of a December study of 
zones by the New Jersey Commission to Review Criminal Sentencing, 
which recommended that the legislature reduce the size of the zones 
and lessen sentences for drug sales that occur within them.

"Doubtless, there will be those who argue that the school and park 
zone laws must be retained," the authors wrote, but those arguments 
must "be assessed against a stark statistical backdrop: New Jersey 
presently suffers the regrettable and embarrassing distinction of 
having the highest percentage of prisoners incarcerated for drug 
offenses in the country."

The New Jersey study included maps of Newark, Jersey City and Camden, 
dense urban areas dominated by minorities and smothered by drug 
zones. But the largely white Mansfield Township, suburban and spread 
out, was marked by three small circles, where more minorities live.

"In Newark, you could only be at the airport to fall outside of the 
zone," said New Jersey Attorney General Zulima V. Farber, who was a 
member of the commission before being appointed to her current job.

Farber said it is possible for a drug dealer to operate in Mansfield 
Township and avoid a harsher penalty if caught, but it is virtually 
impossible to do the same in Newark, Camden or Jersey City. In New 
Jersey, 96 percent of inmates serving harsher zone sentences are 
either black or Latino.

"That was a major factor in moving the commission to the 
recommendation that the penalties be substantially reduced," Farber 
said. Legislation that would act on those recommendation is pending 
in the state legislature, Farber said.

In Massachusetts, racial disparities in arrests and convictions were 
also tied to the zones. Eighty percent of people convicted with 
enhanced penalties were minorities, according to the Justice Policy 
Institute report.

Ben Barlyn, executive director of the New Jersey commission and a 
co-author of its study, said the findings of the report on disparity 
are sound. "We certainly don't take issue with its assessments," 
Barlyn said. "We hope that New Jersey's study compels other 
jurisdictions to study the impact of their school zone laws and base 
their policies accordingly."

A spokesman for the federal Office of National Drug Control Policy 
said there is no federal policy on this issue. 
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MAP posted-by: Richard Lake