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Narcotics: Our current policy makes violence the only
means of doing business.
Mass graves in Ciudad Juarez, Mexico, which may be
filled with as many as 100 victims of the Juarez drug
cartel, are very shocking, but not surprising. Even
if these suspected graves are not found, the credibility
of this scale of violence and corruption--in which the
Mexican military and police may be involved--suggests
some important lessons.
Violence is inevitable in a prohibited business such
as the drug trade. In legal businesses, no matter how
profitable or large, even the most bitter disputes can
be resolved nonviolently. When a business is outlawed,
conflicts cannot be resolved in the courts.
A customer fails to pay on time, but a drug dealer
can't sue to collect a debt. When promised goods aren't
delivered, a drug buyer can't sue a drug dealer for
breach of contract. When a trusted employee goes to
work for the competition, the employer can't enforce
a covenant not to compete.
Consider a basic business requirement: security for
inventory, receipts and employees against potential
thieves. Cocaine is worth about eight times the value
of gold and is sold only for cash. Traffickers obviously
need protection, but they can't hire Wells Fargo or
off-duty police officers (that is, honest ones) to protect
their places of business. The best hires they can make
for protection are people who have a reputation for
killing; second best are those prepared to kill.
Drug violence can only be curtailed if the drug trade
is regulated. The drug trade can be taken away from
the criminal cartels by changing the law. The cartels
cannot be stopped by more force or violence--that is,
more law enforcement.
President Clinton said Nov. 30 that this violence
is one of the consequences of "a lot of success a few
years ago in taking down a number of Colombian drug
cartels." A lot of success? Simply eliminating drug
organizations opens the market to new organizations
to meet the demand and to make the profits. Our strategy
has been as effective as a royal edict commanding the
tide not to rise.
The president urges that we "work with the Mexican
authorities to try to combat" drug dealing cartels.
Who can we work with? Not long ago, a new Mexican drug
czar, Gen. Jose de Jesus Gutierrez Rebollo, was arrested
for being an employee of the Juarez cartel. When he
was appointed, U.S. drug czar Gen. Barry R. McCaffrey
called Gutierrez Rebollo "an honest man . . . a guy
of absolute unquestioned integrity." McCaffrey, of course,
was trying not to imply what is true, that the military
and law enforcement establishments in Mexico are riddled
with corruption. Drug corruption accusations have surrounded
the offices of the attorney general, state governors
and even the president of Mexico.
Clinton says the latest suspected killings mean we
have to do more to "protect our border." Yet our current
strategy is what makes our border less safe. We put
U.S. Marines on the border to "protect it," but in May
1997, a Marine corporal shot an 18-year-old goat herder
within sight of his home in Redford, Texas.
The traffickers are evil and dangerous, but they are
not irrational. They have heard that the U.S. has declared
war on them. The U.S. government has imprisoned 80,000
people for drug offenses. In U.S. prisons are 20,000
Mexicans, mostly for drug or immigration crimes, and
4,300 Colombians. The states have jailed tens of thousands
more. How should we expect the traffickers to respond?
It is rational (and completely immoral) that Mexican
drug cartels kill persons whom they suspect are U.S.
government informants.
Mass graves are merely a new twist to an old story.
Following our current anti-drug strategy will not end
the violence, it won't end the drug trade, and it won't
solve the drug abuse problem. Bringing the drug trade
under the controls of regulation, licensing and taxation
will shrink violence and criminal profits and lead to
more effective drug abuse control.
Eric E. Sterling, President of the Non-profit Criminal
Justice Policy Foundation in Silver Spring, MD, was
Counsel to the House Judiciary Committee, Principally
Responsible for Anti-drug Legislation, From 1979 to
1989.