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United States Drug Laws and Institutionalized Discrimination (From New War on Drugs: Symbolic Politics and Criminal Justice Policy, P 45-58, 1998, Eric L. Jensen and Jurg Gerber, eds. -- See NCJ-170568)

NCJ Number
170571
Author(s)
G L Webb; M P Brown
Date Published
1998
Length
14 pages
Annotation
The history of anti-drug laws in the United States is characterized by institutionalized prejudice toward minority groups.
Abstract
The Chinese and Mexicans were targeted for exclusion from the labor market under thin veils of legislation aimed at making opium and marijuana illicit drugs. To achieve this end, propaganda campaigns depicted the Chinese and Mexicans as well as the drugs they used as dangerous and immoral. The current war on drugs is also racist. When Congress passed mandatory prison sentences for crack cocaine offenders, the primary crack-use group was predominantly African-American. Further, police target inner-city, primarily African-American neighborhoods for drug law enforcement. Further, similar to previous anti-drug legislation, the current war on drugs emphasizes punishment, the incitement of fear, and the creation of a crisis that suggests society will crumble if crack is not immediately addressed. The war on drugs is also similar to previous anti-drug legislation, in that it identifies a minority group that is easily used as a scapegoat. With decriminalization unlikely in the foreseeable future, alternative policies that are considered superior to the current strategy of imprisonment have been proposed. One such proposal is based upon research that suggests court-ordered drug treatment programs would be more cost-effective, decrease drug consumption, and reduce the social costs of drug use more than the conservative measures associated with the current drug war. Others suggest that the extensive use of fines would be better than the current policy that relies so heavily on imprisonment. Another alternative is civil commitment, which avoids the stigma of criminal processing. Under civil commitment, treatment for drug addiction could be initiated outside the justice system. History shows that the potential for racism exists whenever attempts are made to regulate drug use through the criminal justice system.

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