Speaking of crime and punishment: Is the War on Drugs worth it?
I was directed to this article by Matt Welch at Reason by a quotation from it posted by Ed Brayton:
More than 800,000 people are still arrested each year for marijuana alone, despite the widespread misconception that pot has been largely decriminalized, and despite the fact that close to half of all Americans by now have smoked it, and more than half, by some surveys, favor legalizing it. We can thank the drug war for “stop-and-frisk” harassment of young New Yorkers, for the transfer of military equipment and tactics to local police departments, for wrong-door SWAT raids that kill innocents, for an entire shadow economy of dubious jailhouse snitching and back-room sentence reductions. Vanishingly few public officials even pretend anymore that the drug war can somehow be “won.”
Read the entire article, and then think about how much money we simply waste—and what a social mess we create—by fighting harmless drugs. (Meanwhile, alcohol and tobacco, both much more harmful than marijuana, are legal, regulated, taxed, and enjoyed by those who want them.) The article begins:
At the first presidential debate of the 2012 campaign, former New Mexico Gov. Gary Johnson implored Republican voters to conduct a “cost-benefit analysis” of the criminal justice system. “Half of what we spend on law enforcement, the courts, and the prisons is drug related, and to what end?” Johnson asked a South Carolina audience in May. “We’re arresting 1.8 million a year in this country; we now have 2.3 million people behind bars in this country. We have the highest incarceration rate of any country in the world. I would ask people to look at this issue; see if they don’t come to the same conclusion that I did, and that is that 90 percent of the drug problem is prohibition-related.”
The ends of justice, Johnson argues, have not justified the means of prosecution. This issue of reasonis a detailed brief in support of that thesis. A system designed to protect the innocent has instead become a menagerie to imprison them. A legal code designed to proscribe specific behavior has instead become a vast, vague, and unpredictable invitation to selective enforcement. Public servants who swear on the Constitution to uphold the highest principles of justice go out of their way to stop prisoners from using DNA evidence to show they were wrongly convicted. Even before you start debating the means of the four-decade crackdown on crime and drugs, it’s important to acknowledge that the ends are riddled with serious problems. . .

The reversal of the onus of proof in drug-possession cases is incompatible with the rule of law and is therefore unconstitutional in all jurisdictions.
More: http://is.gd/ccxry6 .
Gavin R. Putland
9 June 2011 at 5:08 pm