FEAR-List Bulletin posted by Brenda Grantland, 3/1/98, abstract by Eric Blumenson & Eva Nilsen
The following is an abstract of an article just published entitled "Policing for Profit: The Drug War's Hidden Economic Agenda," by Eric Blumenson and Eva Nilsen, appearing in the University of Chicago Law Review, vol. 65, p. 35 (Feb. 1998). A companion piece summarizing these findings was published in The Nation magazine this past week.
The abstract (below) was written by the authors themselves. If you want
to read the full text of the article, an earlier draft of it is now available
on the FEAR website.
Abstract:
Policing For Profit: The Drug War's Hidden Economic Agenda
During the 25 years of its existence, the War on Drugs has transformed
the criminal justice system, to the point where the imperatives of drug
law enforcement now drive many of the broader legislative, law enforcement,
and corrections policies in counterproductive ways. One major impetus for
this transformation has been the enactment of forfeiture laws which allow
law
enforcement agencies to keep the lion's share of the drug-related assets
they seize. This financial incentive has left many law enforcement agencies
dependent on drug law enforcement to meet their budgetary requirements,
at the expense of alternative goals such as the investigation and prosecution
of non-drug crimes, crime prevention strategies, and drug education and
treatment. It also threatens to produce a new kind of police agency
that is self-financing, independent of government budgetary oversight,
and therefore unaccountable.
This article first describes how the forfeiture law's financial largess has kept the drug war's soldiers in business. It then discusses the destructive impact of this economic regime, marshaling evidence to show that the corruption of law enforcement priorities and wholesale miscarriages of justice can be attributed to the operation of these incentives. Finally, it explores potential legal and legislative remedies through which law enforcement may regain its bearings.