Journalism & Democracy Spring 2013 by Billy B.: The War on Drugs; Key to Understanding the Rise of the Prison Industrial Complex

"If you got a non- violent drug offender, particularly if they're kids, (effectively kids, even if they're tried as adults, even if they're 18, 19, 20), the worst thing we can do is to lock them up for a long period of time without any education, (if they're functionally illiterate ), without any skills or training where they can get a real profession. They're now convicted felons. We release them, now they're 25- 26, they're out on the streets, can't be hired by anybody; what are they gonna do? They're gonna go back to dealing drugs! Only now they've probably become more locked into a life of crime because of their stay in a prison." Then Candidate Barack Obama Using Rationale and Logic

The American War on Drugs is a primary factor regarding the astounding rate of imprisonment in the US. It has proven to cause the disenfranchisement, racialization, and corruption of the American people, as well as vulgar displays of power within our political and justice system(s).

On a surface level, the notion of our government combating the drug epidemic may appear as a measure taken in order to protect all citizens of this great nation. Stamping out the flow of harmful substances that cause crime and spur crises at every level in communities across the country. In reality, conspiratorial factions were created, enacting a massive corruption of the democratic process. Funding allocated by the government is a one- sided affair in the drug war. The vast majority of resources poured in are used to enforce policies and tactics that have engendered a system where the actual victims of the struggle have become more victimized, and prison cells have become revolving doors.

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Source: NORML

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Just as prohibition of alcohol in the 1920's ushered in waves of violent crime, assaults, burglaries, etc., and contributed to economic and societal woes, destroying whole cities; our modern drug war, today's prohibition, has produced predictably similar results. The country bounced back in most areas after the ban on prohibition was lifted in the 30's, and criminal activities decreased noticeably. However, the "American experiment" with alcohol prohibition lasted little over a decade, whereas the war on drugs has had over 40 years to fester and mutate, turning into a cancerous sore, no clear finish- line in sight.

Richard Nixon fired the first shot in the war on drugs in 1971, declaring drug abuse as "public enemy number one in the United States", (see CNN video below). Nixon's battle- cry wasn't embraced by everyone, and critics soon chimed in. Milton Friedman, economist, Nobel Laureate, and Nixon's former election adviser, forecast the consequences should the government engage in such an aggressive action.

Included in Friedman's prognostications:

The demand for drugs would not be stopped by laws. In fact, such laws would only make drugs more alluring to the naturally curious and impressionable youth.

Criminal organizations will take advantage of the lucrative black market.

People seeking drugs will associate with the larger criminal element, having little regard for their own safety, ultimately most of them begin to engage in criminal behavior as well.

More potent drugs will eventually hit the streets as demand goes up, putting public health and safety at an even greater risk.

Drug users affected by harsh drug laws would become resentful against authorities, thus less likely to respect other laws.

Increased possibility of police and government officials becoming corrupt considering the stakes of the game.

More and more citizens would be arrested and imprisoned for crimes that did not previously exist.

More and more prisons will be built to house the increasingly jailed.

Police resources will be diverted from solving more heinous crimes.

Violent crime will rise in cities across America, as well as in countries which produce and smuggle drugs into our own.

Uploaded by: CNN

By all accounts Friedman was right, and then some.

"Why are there so many more people in prison now than there used to be?"

"It's because we declared a war, a literal war on poor people of color. A war known as the war on drugs. The war on drugs and get tough movement is responsible for the quintupling of our nation's prison population in the space of a few short decades." ~ Michelle Alexander

"The New Jim Crow: Mass Incarceration in the Age of Colorblindness"
Legal Scholar, civil rights activist, former director of the Racial Justice Project at the ACLU, Michelle Alexander, authored a book exposing the system of mass incarceration in the US and the deeply rooted, powerful, behind- the- scenes forces that use our criminal justice system to impose racial politics. Thanks largely to the war on drugs, nearly half of America's black men are either currently serving time or are permanently labeled convicted felons, depriving them of the right to take part in the democratic process; the right to vote.
As Professor Alexander notes, policies and laws enacted on behalf of the drug war have resurrected and revised the old pro- segregation Jim Crow laws. Old attitudes thought finally squashed, especially with the election of our first black president in 2008, still persist and pervade our society. A veil has been placed over the American people, lulling us into a trance whispering "everything is just fine, move along now." Though one only needs to pause, open your eyes a little wider, pull back the curtains, and allow yourself to engage in an honest inspection and open conversation about the problem we thought was no more. A simple look at the numbers provides a scary overview of the situation. With staggering numbers of black males under control of the criminal justice system, forever relegated to second- class citizens and treated as such, a set, racial caste system is alive and well in America. Social structures in prisons alone are eerily reminiscent of the days of full- on segregation. Blacks with the blacks, whites with whites, so on and so forth. We've already explored the slave labor aspects of prison life, combine that with the massively disproportion amount of minorities serving time, shuffling in shackles, and the image is one right out of pre- Civil War America.

In "American Drug War: The Last White Hope", activist, author, and documentary film maker Kevin Booth attempts to take on the similar, arduous task as Alexander; trying to make sense of the drug war, its battlegrounds, players, and victims. Starting with US involvement in Vietnam and Nixon's initial war- cry, Booth introduces a cast of insiders from politicians, policymakers, law enforcement, former CIA operatives, and private citizens directly affected by the conflict. Once peeling back the layers of history, we see a winding path with many twists and turns begin to appear. Coming upon each bend we see big money being exchanged between corporations and governments. Questioning the motives that go into making our modern drug laws, and what drugs our legislators deem acceptable enough to push on the American public, Booth maintains claims that the CIA and other US agencies were involved in trafficking drugs into America , (see this video too), that inevitably made their way into lower- class neighborhoods, and those of color. The abundance of evidence to suggest that our government was involved in poisoning its own people is not only a disgrace, but lends credence to the theory that these actions led to the crack epidemic that exploded in the 80's, creating a ripple effect- turned- tidal wave crashing onto the American cityscape.

We'll Take That, Thank You Very Much

State and local task forces are financially rewarded for increasing the volume of drug related arrests, and not for who they're locking up.
The 1984 Crime Bill regarding the seizure of assets obtained during a drug arrest, (assets include money, cars, boats, houses, property, etc.), as described on the Department of Justice's website encompasses "the seizure and forfeiture of assets that represent proceeds that were used to commit federal crimes." Now why the DOJ focused solely on drug- related crimes compels intense scrutiny. Though we can see that the structure of the law dramatically increased arrest rates, and fostered corruption nationwide. A loophole of sorts was implemented that allows local officials to share the bounty with federal authorities when such arrests were made. This law helped to create major profit motive/incentive on part of authorities to lock as many people up as possible. It's the very same principal as making a commission on a sale. The more property seized in these targeted drug arrests, the more kickback local authorities get from the government. In 2008, the US Dept. of Justice's Assets Forfeiture Fund held over $1 billion dollars, in stark contrast with the $93.7 million it took in when created in 1986.

Now you may imagine that drug kingpins were the source of all goods seized by local, state, and federal governments. Not so. Four out of 5 persons are arrested for drug possession/use. How often do we hear about the latest drug kingpin that just got busted? Who is this war against?
A Dutch documentary on the American drug war followed one police unit who boastfully remarked on their ability to shake- down anyone caught engaging in drug activity. Even taking the gold fillings from some poor crackhead seemed to be a source of amusement for the officers. The fact is, drug addicts and small time offenders are the easiest targets, and require a lot less work on the part of police. Echoing Friedman; increased police corruption, and divergence of resources and man power to handle these petty crimes while the big fish freely swim away.

PBS also featured a story on the forfeiture of assets and the corruption the bill inspires. Rudy Ramirez was pulled over by police in Kansas City who had "suspected" him of trafficking drugs. When the police only found the $6,000 in cash Ramirez secured for his road trip, they confiscated it under the law, regarding the money as possible drug currency. Although the cops found no evidence of wrong- doing, and Ramirez was not detained, the man never got his money back.

I came across case upon case of similar instances while researching this story, though it seems like just about everyone I've spoken with is oblivious to not only this type of behavior, but are also entirely ill- informed about the massive rates of incarceration, and even the existence of private entities involved in the US prison business. Are people being led to believe in a portrait of America that doesn't exist?, are they misinformed by the outlets who are there to raise awareness of these vital issues?, or do they simply prefer to remain ignorant despite the damning evidence?

A Solution Perhaps?

My humble proposal is this; Instead of building prisons, let's start building communities. Let's reinvest in the cities, towns, and neighborhoods that we've allowed to circle the drain. More resources aimed at treatment and prevention are what's needed, not more policing and incarceration of which we have seen the disastrous results. How about creating environments that foster positive growth and inspiration, rather than enabling degradation and demolition of the human spirit. Perhaps if law enforcement put efforts towards bridging gaps between our communities most in need, the racial stereotyping being practiced may cease. Animosity and resentment felt by those individuals subjected to constant harassment based off their complexion/ neighborhood only breeds negative reinforcement regarding the person's future, possibilities, hopes, and dreams. Such things can become dashed when you're immediate environment doesn't exactly foster positive role models, and when those who are there to "protect and serve" constantly treat you like an expected criminal. Why instill such ill- will and darkened heart in another human being? Especially the young who are either affected by direct police action, or have to cope with seeing family members treated unjustly, sometimes jailed, leaving behind broken homes.

We are indeed a drug culture, a violent culture, a culture of people struggling with our own personal concepts of "Freedom" in the U- S- of- A. While we allow alcohol, tobacco, and prescription drug corporations to push their wears on the people, and government bows down and bargains with them to influence legislation and dictate what's moral, we will never have a real say in how our country is run.
Get Up! Act! Now's Your Time!