One of the most striking anomalies of the 1990s is that America seems to be making
significant progress in the war on crime, but not in the war on drugs. What little
comfort can be found in the statistics on drug use is attributable to changing tastes on
the streets, as crack gives way to smack and the peddlers change turf or tactics.
Unfortunately, the national debate on drug policy is mired in the same kind of
formalistic ruts that used to characterize the politics of crime generally. The moral
vacuity of the decriminlizers is matched by the intellectual vacuity of the just-say-no set.
One side screams for more treatment, the other side for more punishment, while efforts
to interrupt the supply of drugs from overseas appears to lead to one blind alley after
another.
What's needed is a new idea on fighting drugs. In the Progressive Policy
Institute's 1997 book, Building the Bridge: 10 Big Ideas
to Transform America, PPI promoted UCLA Professor Mark Kleiman's proposal
for "coerced abstinence": intensive supervision and treatment of people in
the criminal justice system for drug abuse, supported by increasing sanctions for failure
to "get clean." Coerced abstinence is based on the recognition of the
extremely high correlation of substance abuse with criminal behavior, and the
common-sense hypothesis that concentrating drug testing and treatment on
probationers, prisoners and parolees could reduce both drug use and
crime without doing violence to civil liberties. Coerced abstinence also supplies a
logical alternative sentence for first-time or small-time criminals with drug
problems -- with the prospect of time in the pokey as the "stick" for staying
clean -- and a sound method for ensuring the ability of ex-cons to re-enter legitimate
society, at least in those jurisdictions that have not bought the short-sighted
conservative policy of eliminating parole, thus eliminating supervision of former
prisoners.
Finally, a New Democrat elected official, Maryland Lt. Gov. Kathleen Kennedy
Townsend, has persuaded her state to give coerced abstinence its first large-scale test.
Beginning this July, about 24,000 probationers and parolees who have been ordered into
drug treatment programs will become subject to drug testing on an average of twice a
week. Schedules of escalating punishments for non-compliance, concluding with hard
time in prison, are being prepared.
Townsend told the National Journal recently that coerced abstinence
was a way to "break out of the paralyzing debate between 'Do we need more
treatment?' and 'Do we need more punishment?' We say, 'Both.'" The war on
drugs, and the war on crime, should both benefit from her willingness to find a
"third way."