Tag: Drug War

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Accountability crime and punishment

Judge by the Results

Drug war results

The law exists to ensure responsibility. When someone does wrong, the police and courts are here to correct for the lapses and crimes.

That’s how law “holds us responsible” for our actions.

The War on Drugs is fought, it has been argued, because recreational drug use makes people irresponsible. So police and courts must punish, etc., etc.

But Theory must be judged not on intent, but on results.

Which are too often atrocious.

When I wrote about Bounkham “Bou-Bou” Phonesavanh before — a toddler horribly maimed and almost killed by an incendiary during a completely fruitless drug raid on a home full of innocents — I identified the War on Drugs as the root problem: “Waging that war permits endless ‘botched raids’ like the one that almost killed Bou Bou,” I wrote last February. “So long as such invasions remain a standard means of trying to catch dealers with their stash — indeed, so long as the War on Drugs is being waged at all — innocent persons will always be needlessly at risk. . . .”

Now that the trial is over and the family has been rewarded not quite a million bucks in recompense, we can see, clearly, what’s wrong here.

Irresponsibility.

The police who did the foul deed? Unrepentant in court, offering bizarre excuses. What the police assailants claimed, the Pro Libertate blog summarized, “is that while he was sleeping, Baby Bou-Bou ambushed them.” An overstatement? Perhaps — but very slight.

Meanwhile, who pays? The taxpayers. Not the guilty cops.

If we continue to allow this “war” we will continue getting unaccountable policing and the tragedies that necessarily result.

In a word: irresponsibility.

This is Common Sense. I’m Paul Jacob.

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Drug war results

 

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ideological culture national politics & policies too much government

The Rise in Unrest

political, politics, Brothers' Keeper, Obama, race relations, crime, police abuse, drug war, arrest, collage, photomontage, illustration, James Gill, Paul Jacob, hope, arrest, inner city, Baltimore, riot

On Monday, pushing an expansion of his “My Brother’s Keeper” initiative, President Barack Obama gave a talk about the recent rise in racial discord.

Does he ever ask himself, “Under whose watch?”

When the financial system melted down in 2008, candidate Obama — not without some justification — blamed President Bush and the Republicans. Why shouldn’t he and his party be today held somewhat responsible for rising racial unrest?

Wasn’t his very status as the First Black American President supposed to continue the healing process between blacks and whites?

In his talk, Obama recognized the “sense of unfairness, of powerlessness, of not hearing their voices, that’s helped fuel some of the protests. . . .” Well, sure. But there would be no occasion for this were inner-city blacks not treated unfairly in the first place.

The president wants to spend more money on education, for example, despite the high levels of per-student public ed funding in hot spot Baltimore.

It is quite clear that other programs have done the most damage. We still have a War on Drugs, which is unpopular enough that it turns cops “racist” perhaps even against their wills — as I’ve explained before, police tend to focus their unpopular policing against drug use to the classes of society that have the least direct political power, most especially against inner-city blacks.

But even more bedrock: we see protests and talk about inequality during economic downturns. Obama should learn from Bill Clinton’s initial presidential campaign: It’s the economy, stupid.

Or put more bluntly: It’s your stupid economic policies.

This is Common Sense. I’m Paul Jacob.

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Brothers' Keeper

 

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crime and punishment free trade & free markets media and media people

This Ain’t Laissez-Faire

Things are what they are, not their opposite. Can we accept that as a starting point?

Not if we’re scoring ideological points regardless of the cost to clarity.

Newsweek calls drug-war violence in Long Island “a harrowing example of free-market, laissez-faire capitalism.” To this, Cato Institute’s David Boaz objects that “the competition between the local Crips and Bloods [is described] in terms not usually seen in articles about, say, Apple and Microsoft or Ford and Toyota.”

Under a truly free market, the rights of buyers and sellers to peaceably trade are legally protected from theft and violence, and their contracts defended from fraud. Black markets, on the other hand, are made up of illegal exchanges, actively prohibited trade.

Sure, black-market trade has something in common with legal trade. As with legal exchanges, persons willingly participate in black-market trades and expect to benefit.

But economic activity that can easily get you jailed is fundamentally different in just this respect from that conducted in a relatively laissez-faire context.

The difference has consequences.

You can’t go to court if you have a grievance with a black-market trading partner or competitor. And persons less scrupulous, more violent, more criminal than the norm tend to be disproportionately represented among sellers of illegal goods that have especially big markups precisely because they’re illegal.

So Boaz is right.

The legal capitalism at K-Mart, J. C. Penny, or a post-Prohibition-Era liquor store isn’t fertile ground for the gang warfare invited by the War on Drugs. We can’t tell the difference, though, if we ignore the difference.

This is Common Sense. I’m Paul Jacob.

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national politics & policies political challengers too much government

The Monkey on Their Backs

The “war on drugs” is not a mere metaphorical war, like the “war on poverty.”

The biggest problem with the term is not the subject, but the object: Our forces don’t shoot at pills and pipes and chemicals and syringes.

They shoot at people.

Sometimes dealers. Often just users. Too often innocents . . . “collateral damage” in a war that seems never to end, because impossible to win.

But if the war seems bad in America — now a land with the world’s largest gulag — it’s far, far worse in Mexico, especially since President Felipe Calderón turned the military on his own people, in the vain hope of subduing the drug traffickers.

What did he get for his efforts? Blood, death and terror.

The body count is over 50,000.

I’ve long advocated drug legalization. I don’t need to elaborate the reasons, not after 50,000 deaths have been weighed in on the pro-drug war side, but I probably should mention a few notions that the drug-war mentality suppresses: individual responsibility, a rule of law, and peace.

In America, our politicians slowly awake to the truth that killing people to prevent them from ruining their lives with drugs is a fool’s mission. But few yet commit to actual change.

In Mexico, on the other hand, the top three candidates to replace Calderón — whose service is limited, by law, to just the one term — go a step further: All agree that the drug war has to be scaled down.

Little talk, so far, of legalization, but hey: The addiction to war is a tough monkey to shrug off.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment national politics & policies

The Next War to End

I don’t know if David Schubert is guilty. You don’t either. But it wouldn’t shock me if a jury convicted him, or if he pled out. You probably wouldn’t be surprised, either.

The fact that we aren’t shocked is what is shocking about the story.

You see, Schubert is the Nevada prosecutor who has handled many celebrity drug prosecutions — Paris Hilton, most famously. He has now been arrested for possession of cocaine.

Common story: The people in charge of prosecuting America’s ongoing War on Drugs are often drug users themselves. Many are “on the take” to drug gangs and warlords and kingpins. Or themselves embroiled in the drug trade.

The evidence for mass corruption, up and down the criminal justice system’s chain of command, is massive itself. It reminds me of the stories of Inquisitors themselves accused of heresy, in the Middle Ages. It’s a very old story.

And now it’s become a way of life in America. Corruption is endemic, and that says something about the drug war itself. About our drug laws.

Which could be repealed.

Did you know that Portugal has had great success decriminalizing pretty much all recreational drugs?

Last week, Rep. Ron Paul castigated House Republicans for overlooking America’s foreign wars as targets for cutting America’s overblown budget. I agree with him, but really: We should look close to home, too.

It is high time for a complete cease-fire in the costly War on Drugs.

This is Common Sense. I’m Paul Jacob.

Categories
jury rights and duties

The New Nullifiers

It’s happened before: The people are speaking up. In court. As jurors. As citizens.

A Missoula District Court could not impanel a jury in a marijuana possession case. Potential jurors refused to say that they would follow the law in convicting a person for possessing a sixteenth of an ounce of the popular weed. One juror wondered why the county was “wasting time and money prosecuting the case at all.” The flummoxed Deputy Missoula County Attorney Andrew Paul called it “a mutiny.”

The judge said he’d never seen anything like it.

Too bad.

Jury nullification is an old idea, a democratic idea. I wrote about it a few years ago, in reference to the growing movement to recognize it as a principle of law. Voting isn’t the only check citizens have against bad laws. Juries have a right to judge the law as well as the facts in the case, no matter what usurping judges tell them.

The most spectacular instances of jury nullification in American history regarded slavery. Many northern juries revolted against enforcing the Fugitive Slave laws, to the consternation of slave-owners.

The current case didn’t quite get to full nullification, in legal terms. Instead, it approached nullification practically, forcing prosecutors to bargain the case down.

This citizens’ revolt against some of the absurdities in our War on Drugs indicates that we can expect bigger changes in the future.

This is Common Sense. I’m Paul Jacob.