Lauren Victoria Burke
+ FollowObama Drug Czar Briefs on Crime Policy
The Drug Czar is one piece in a multi-faceted policy puzzle regarding federal crime policy. Many above him with larger bullhorns and bully pulpits have been less vocal on mass incarceration, drug policy and race.
Drug Czar Gil Kerlikowske is trying to change that. He recently concluded a series of roundtable events with Black leaders and criminal justice professionals in five cities. Kerlikowske, who has been Director of the Office of National Drug Control Policy since May 2009, briefed reporters on the Obama Administration’s efforts on incarceration and drug crimes – particularly their effects on African Americans.
“We’ve been at this now about two and a half years trying to begin this shift — helping people understand this Administration is approaching the drug problem in a very different way,” said Kerlikowske. “We have not been as good at getting that message out… in educating people on issues around addiction as a public health concept and less as a criminal justice matter.”
The number of people incarcerated on drug crimes has increased 1200% since 1980. Asked by a reporter if there would be a campaign of education on the issue, the Drug Czar said, “If you’re looking for a campaign or re-educating: You’re it,” as he looked across the four reporters in his office conference room near the White House.
President Obama, Attorney General Eric Holder and Vice President Biden have rarely spoken out on persistently high incarceration in the U.S. and mandatory minimum specifically. Though Kerlikowske noted that Holder has asked State Attorney Generals to “take a look” at their mandatory minimum laws, the facts of incarceration in the U.S. — particularly for African Americans — remain breathtaking.
The U.S. has been the world’s #1 jailer for years. With seven million people in “the system” – including 2.3 million behind bars – America has more people in jail than 35 European countries combined.
The federal prison population has doubled since 1995 with the U.S. jailing 25% of the world’s prisoners – though America is only 5% of the world’s population. One in every 28 children in the U.S. has a parent in jail.
Statistics regarding Black American males are particularly striking.
In 1993, Black males in South Africa under apartheid were arrested at a rate of 851 people per 100,000. In the U.S. in 2006, African American males were arrested at a rate of 4,789 per 100,000.“Young black men without a high school diploma are more likely to be found in a jail cell than in the workplace” a PEW report stated in Oct 2010. The Children’s Defense Fund estimates that one in three Black boys born in 2001 will be incarcerated in their lifetime, a cycle they defined as the “cradle-to-prison pipeline.”
Mandatory minimums, the main driver of over incarceration, were implemented with force in the 1980s and 90s as “3 strikes-you’re-out” policies became the answer to crime.
Pinpointing specific Obama Administration policy or specific statements on mandatory minimum sentencing is difficult. As a U.S. Attorney during the Clinton years, Eric Holder favored mandatory minimums for marijuana use. In 2008, Sen. Barack Obama criticized President Bush for not acting on the issue. Speaking on President Bush, Obama said: “The difference is, he hasn’t done anything about it. When I’m president, I will. We will review these sentences to see where we can be smarter on crime and reduce the blind and counterproductive warehousing of non-violent offenders.”
When asked twice about mandatory minimums, Kerlikowske did not lay out specifics on future Obama Administration policy other than to frequently mention the Fair Sentencing Act which was introduced by Crime Subcommittee Chairman Bobby Scott (D-VA) in the House in 2008 and 2009.
Scott’s original bill was written to make penalties for crack and powder cocaine equal. It was changed as Sen. Dick Durbin (D-IL) wrangled with Senate Republicans led by Sen. Jeff Sessions (R-AL), who worked against equalizing penalties for crack and powder cocaine. After the wrangling, the bill reduced the sentencing difference, but did not make it equal. It was narrowed from 1:100 to 1:18.
Over 80% of those convicted under the old crack law were Black.
The Scott/Durbin legislation ended the five year mandatory minimum sentence for first time possession of crack cocaine. The President signed the bill into law in August 2010. It potentially affects 12,000 people.
In October 2009, the President signed into law a mandatory minimum attached to the Matthew Shepherd Hate Crimes Act by Senate Republicans. In that same bill, House Democrats added a provision mandating that the U.S. Sentencing Commission study mandatory minimum sentences and report the results to Congress. The 655 report was released on October 31 and can be found here. A New York Times editorial called for an end to all mandatory minimums after the report showed that mandatory minimum sentences has tripled the number of federal prisoners since 1991.
Considering 65 million Americans have a criminal record, reporter Valencia Mohammed of the Afro American Newspapers asked Kerlikowske why the federal government hasn’t removed the question of whether a person has a criminal record from federal job applications.
“Why don’t you first set the example so others will follow?” she asked.
Kerlikowske responded that “the vast bureaucracy” of federal hiring would make it “a very difficult thing to move.” A criminal record makes it all but impossible for an individual to find a good job — particularly in a tight economy. Individuals who have spent time in prison earn 40% less than those who haven’t.
The Administration failed to publicly and persistently support two popular crime bills when Democrats controlled the House and Senate from 2009 to 2010. One was the Youth PROMISE Act, which has the support of 200 organizations (including the NAACP) and by the end of 2010, had 235 co-sponsors including 18 Republicans. They included conservatives Reps. Peter King (R-NY), Frank Wolf (R-VA), Chris Smith (R-NJ) and Steve LaTourette (R-OH). The legislation was sponsored by Rep. Scott in the House and Senators Olympia Snowe (R-ME) and Bob Casey (D-PA) in the Senate.
When asked if the Administration supported the bill, Kerlikowske was supportive of the legislation’s goals but said “the specific Administration statement or Administration position — you have to get that from the Department of Justice.” He added that the bill, “was not exactly in our portfolio.” Kerlikowske mentioned that Holder was a supporter of the Second Chance Act legislation to assist ex-felons, introduced by Rep. Danny Davis (D-IL) and signed by President Bush in 2008.
A second crime bill, offered by Sen. Jim Webb (D-VA) in 2009, called for the creation of a blue ribbon commission to study crime and incarceration. Webb’s National Criminal Justice Commission Act, which was derailed by Senate Republicans last month, was introduced when Democrats controlled both chambers in 2009. Webb’s bill has currently 39 co-sponsors and the support of 100 organizations. Newsweek reported in February 2011 that President Obama was “supportive” - but he has yet to speak publicly this year on Webb’s bill or any other legislation regarding incarceration or mandatory minimums.
A call and e-mail to the Department of Justice communications office requesting the Administration’s policy on mandatory minimum policies and incarceration was not returned.
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5 Responses to Obama Drug Czar Briefs on Crime Policy
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Lauren says:
OK Kat thanks for sending will definitely look at it. L
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I thought you might be interested in this interview I had with Herman Cain a while back. We talk about the plight of the inner city, and we discuss some innovative ideas of how to help young black men who have been in prison because of drug crimes. It was certainly ideas I haven't heard anywhere else (and yes, one of them was my idea!)
http://www.sgpaction.com/sites/sgpaction.com/file…