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Drug
Policy: A Smorgasbord of Conundrums Spiced by Emotions
Around
Children and Violence
By Eric
E. Sterling - Valporaiso Law Review Vol. 32 No. 2, pp.
597-645, Spring, 1997
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III. URBAN REDEVELOPMENT VENTURES
AND THE HANDICAP OF DRUG PROHIBITION
The neighborhoods of hourly gunfire are the ones with
the highest unemployment, the most rundown housing,
the most abandoned businesses and empty factories and
workplaces.[55]
These are the precincts with the highest rates of teenage
pregnancy and infant mortality. These are the communities
with the rundown schools and the high rates of truancy
and dropping out. The great challenge of American domestic
policy for over thirty years -- since the days
of the war on poverty -- has been to restore the
vitality of our cities. But those policy initiatives,
by and large, have utterly failed.[56]
One must wonder why our cities have been so resistant
to restoration. With a largely intact infrastructure
of utilities and transportation, and with neighborhoods
inhabited by an eager and educable workforce close to
markets, there do not seem to be obvious economic obstacles
to revitalizing our urban industrial and commercial
centers. With initiatives for public-private partnerships,
and with substantial public investment, we must ask
why our cities are resistant to rebirth. One answer
may be that those who would manage such ventures, and
those who would make such investments see the ever-present
threat of violence and crime. Why should a businessperson
choose to locate his or her business where -- of
all possible locations -- there is a real daily
risk of being mugged on the way to lunch or in the parking
lot? Indeed, of the most highly trained, competent or
inspired teachers, how many choose to risk orphaning
their own children by teaching in neighborhoods where
violence is almost inescapable? Which developers would
bring new housing to blocks where theft from the construction
site is a nightly occurrence? Ultimately, the greatest
bar to the numerous individual acts that create real
urban development -- in contrast to large scale
public expenditures -- is the real and perceived
threat of crime and violence which are the consequence
of drug prohibition. While the number of actual killings
are very low for teachers or the few investors in the
inner cities, the fear is real and the danger of robbery
is great.
In thinking about urban violence, it is commonplace
to associate that violence with drugs. Indeed, politicians
and pollsters typically use a unitary term, "crime and
drugs." The police, of course, will tell you that where
drugs are sold there is the increased likelihood of
violence. Drug dealers carry guns and have body guards
because they carry or have access to prodigious sums
of cash or valuable drugs. Until we end the violence
in poor neighborhoods, it will be impossible to substantially
rebuild the housing, to invest in the businesses that
will create employment, or to substantially improve
our schools.
Our national murder rate is dropping right now. Nationally,
between 1991 and 1995 the murder rate fell by 16.3%.[57] Police chiefs are taking credit for having
adopted new strategies. Some Federal officials point
to the expansion of police forces under the 1994 Crime
Bill. Other officials point to expanded prison population
and claim that we are locking up our way to safety.
Yet, in over seventy-five of the nation's metropolitan
areas, the homicide rate has increased between 1991
and 1995.[58]
Nowhere does anyone dare claim that the violence of
the drug trade has been reduced to insignificance. Indeed,
following the current strategies in which there is the
greatest investment -- prison construction and
operation, and drug enforcement -- violence is
unlikely to be significantly reduced. In fact, 1996
witnessed repeated warnings that a new wave of violence,
fueled by the growth in the teenage population over
the coming decade, will unleash hundreds of thousands
of new "superpredator" violent criminals. Is there a
strategy that can substantially address the factors
that drive much of the urban violence?
While many drug dealers are immoral if not outright
evil people, their use of violence is ultimately practical,
and indeed, they feel it is necessary.[59]
There are three fundamental facts that must be understood
in this regard. First, the illegal drug trade is a business,
a business that engages in between $45 billion
and $50 billion in commerce in the United States
every year.[60] This business
is in the same league as the largest markets in America.
In 1994, the total retail sale of furniture and home
furnishings was $119 billion; gasoline service
stations revenues were $142 billion, clothing and
apparel sales amounted to $110 billion.[61]
These revenues are comparable to the largest corporations
in America. In 1995 the Chrysler Corporation's revenues
were $53 billion (9th largest corporation's revenues
in the U.S.), Philip Morris -- $53 billion,
Prudential Insurance -- $41 billion, State
Farm Group -- $41 billion, Du Pont --
$38 billion, Texaco -- $37 billion, Sears
Roebuck -- $35 billion.[62]
The second fact is that illegal drugs are extremely
valuable. For example, in 1996, gold was selling for
$400 per ounce. By March 1997, it was selling for $350
per ounce. In 1993 marijuana was retailing for $341.70
per ounce.[63] In 1993 cocaine was retailed in a range between
$120 and $151 per pure gram or between $3402 and $4280
per ounce.[64]
At wholesale, an ounce of cocaine sold in the range
of $1200. That is, cocaine is between three times and
ten times more valuable than gold on an ounce for ounce
basis. And third, crack cocaine users make many purchases
during the course of a day -- perhaps a half-dozen --
compared to purchasers of heroin (once or twice a day),
or marijuana (once a week, or even less frequently)[65].
Crack cocaine, with its many daily transactions, requires
a much larger retail sales force than other drugs.
Every business in America has conflict. Car buyers
get stuck with lemons. Hollywood actors decide not to
go ahead with a movie deal. Computer makers sue others
for violating the antitrust laws that regulate competition.
Customers do not pay what they owe to sellers. Sellers
sell defective goods. In every one of these cases, there
is a well understood body of law that governs how business
is to be done, conventions about the common language
of the business, and the law courts are open to all
market participants to nonviolently resolve conflict.
This situation is true for every business in America
but the illegal drug business. If I contract to obtain
a mortgage to buy a house and agree to pay three points,
everyone understands that we are talking about 3% of
the amount of the loan. If my mechanic charges me for
replacing six points in my car, we understand that he
is referring to automobile parts. If I am unsure about
a transaction, I have an obligation to find out what
the terms of the deal are.
But drug business operates under severe handicaps.
First, there are limitations in the clarity of the terms
of transactions. Since the transactions are illegal,
conversations about them -- in person, in writing,
or over the telephone -- are evidence that can
be used to prosecute the parties. Thus drug dealers
try to minimize their conversations, and to communicate
as indirectly as possible. The parties speak vaguely
or in code attempting to make any conversation less
incriminating. Such conversations increase the likelihood
of misunderstanding. Misunderstandings in legitimate
business can be resolved by arbitration or a lawsuit.
Misunderstandings in the drug business can't be resolved
in court. A drug dealer cannot sue a customer to collect
on a debt. A drug buyer cannot sue for breach of contract
if the cocaine is not delivered on time, or has been
"cut" to lower than expected purity. The only way that
these conflicts are resolved is through violence or
the threat of violence. A study of homicides in New
York City in the late 1980s by epidemiologist Paul Goldstein
and his colleagues found that of the drug-related homicides,
they were overwhelmingly in connection with the drug
trade, not the result of someone getting high on drugs
(except for those high on alcohol), nor the result of
someone killing to get the money to buy drugs.[66]
The second salient fact is the enormous value of the
illegal drugs. By comparison, gold is kept in Fort Knox,
in bank vaults, or highly secured jewelry stores. Gold
is surrounded by guards, and by security systems. If
someone robs a jewelry store, there are automatic alarm
systems, video cameras, and armed guards. The police
will be immediately summoned and respond almost instantly.
Insurance investigators will soon follow, and their
investigative powers are not limited by the Bill of
Rights. If one should rob a retail store, one would
get away with lots of checks and credit card receipts
which are almost impossible to liquidate. One would
not rob a car dealership, because almost no one buys
a car with cash. But why rob gold jewelry if you can
rob cocaine worth three to ten times as much?
Drugs are almost always paid for in cash at the retail
level.[67] The
drug spot does not take checks with two pieces of identification,
and they do not accept American Express (unless you
actually leave your card). The drug sellers have a product
that is worth three to ten times the price of gold or
cash receipts for selling such valuable merchandise --
thus they are a prime target for robbers. Drug sellers,
like all cash businesses, need protection from robbery.
But they cannot hire licensed security guards from the
Pinkerton Agency, Wackenhut or off-duty police officers.
Drug dealers have to hire their own security. What are
the best employment qualifications to be a guard at
a crack market? A proven willingness to shoot people.
Talk is cheap. An applicant may claim that he is willing
to shoot at a robber, but the best deterrent to robbery
is to have guards who have a street reputation as shooters --
preferably killers. One of the largest businesses in
America has the need to routinely hire killers. And
people are looking for the work. When an underling in
the Chambers brothers crack cocaine organization in
Detroit stole $50,000 from the organization, numerous
people sought the head of the organization, Larry Chambers,
asking for the "contract" to kill the thief.[68]
The large number of transactions in the crack trade
means a large sales force which means lots of young
men carrying guns. Acclaimed criminologist Alfred Blumstein
has attributed the dramatic rise in teen violence to
the spread of crack cocaine in the late 1980s. As the
number of kids carrying guns increases, other kids carry
guns strictly for self-defense, and still other kids
start to carry guns as a perverse kind of fashion statement.
Teenagers have always fought. Now, however, instead
of fighting with fists, knives, or zip guns, they fight
with the tools of the drug trade -- assault weapons,
semi-automatic handguns and sawed-off shotguns.
On to Part IV
Go to Introduction
Go to Section II
Go to Conclusion
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