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Working in Arkansas since 1999 to reduce the harm caused by drugs and by failed drug policies.

GROUP INVESTIGATES RACIAL INEQUITIES

A discussion on the racial inequalities of current drug law enforcement in Arkansas was the subject of a focus group that met Saturday August 25 at the Little Rock Main Library. In attendance were Dr. Wynona Bryant-Williams, Director of Black Family Studies at Philander Smith College, Dee Ann Newell, Director of the Parents in Prison, Children in Crisis Program, Ruth Shepherd, Executive Director of the National Conference for Community and Justice, David Miller of the Arkansas Equality Network, Dustin Duke of the Arkansas Public Policy Panel, and Gene Remley, Cathleen Compton, Patrick Egan, and Denele Campbell of the Drug Policy Education Group, Inc., sponsor of the meeting.

Attendees sought to compile a list of issues, situations, or policies in Arkansas that could explain the fact that half the people incarcerated in Arkansas prisons are African-American, although this group comprises only 17% of the population. Statistical studies have shown that blacks and other minorities are slightly less likely than whites to violate drug laws.

Racial profiling, a practice of law enforcement which singles out minorities for a disproportionate number of traffic stops and other detainments, was considered a part of the problem. "Driving while black or brown" has become high risk for police attention. Although the FBI and other law enforcement training no longer sanctions this type of profiling as standard practice, police officers may stop people of color who are driving in a predominately white neighborhood, or who are driving at certain times of the day or night, or who are driving a new car.

Another contributing factor may be the poverty of many individuals in minority groups. Poverty and other aspects of social disenfranchisement contribute to a sense of hopelessness, so that a detainee and his/her family members may not contest a questionable arrest, prosecution, and jail sentence. A sense of powerlessness leads to fear of repercussions for "making waves." Also, police may find that poverty neighborhoods where people congregate outside tend to be more exposed to observation than suburban neighborhoods where activities may be more hidden.

Lack of access to suitable advocates who might assist in a person’s defense or other important legal and social resources contribute to a higher incarceration rate for minority individuals. While people who are well educated and economically successful may be acquainted with lawyers, judges, and other key players in the justice system, poor whites and minorities usually end up at the mercy of the public defenders office which is chronically understaffed and underpaid for their workload.

Mandatory sentencing guidelines add to the inequities of such situations, especially for judges who do not have time or inclination to hear all the pertinent factors of a case. By setting formulaic sentences under law, mandatory guidelines make it all too easy for an individual to end up with a lengthy sentence for a relatively minor drug offense, in spite of contributing factors which might have suggested a more equitable alternative, such as drug treatment, counseling, family intervention, or other approaches which ultimately would have served the individual and community in a more beneficial manner.

Finally, focus group participants agreed that upon release from incarceration, minority individuals may find it much more difficult than whites to obtain employment and to re-establish a successful life in the community. In turn, these individuals would be more likely to resort to drug use out of despair and untreated addiction or to rely upon drug trafficking in order to earn income, which would lead to a greater likelihood of re-arrest.

The focus group sought to determine what efforts may be currently underway in Arkansas that would address the issue of racial inequities in the state’s drug law enforcement. Dr. Bryant-Williams described a committee that is in the formative stage, under the auspices of the State Police Commission, which will be looking into racial profiling. Ms. Shepherd described several programs coordinated by the National Conference of Community and Justice which work in the greater Little Rock area to teach about racism and other aspects of human relations to school children. The group also provides racial and diversity training to graduates of the Little Rock Police Academy. No one could identify any statewide program that addresses racial inequalities in areas such as education, law enforcement, and treatment access.

Ideal policy reforms or interventions might also include an overall more compassionate approach to drug policy, such as providing treatment instead of incarceration. This is a direction supported by Governor Huckabee, with five new drug courts set to begin operations soon. The group endorsed the approach of the Fayetteville drug court, where funding comes through the Department of Health rather than the Department of Corrections as do all other state drug court programs. In the Fayetteville program, defendants are assessed for addiction before prosecution. If approved for the program, detainees entering treatment will have charges dropped if successful in completing the program. In the other drug court systems of the state, defendants are found guilty and sentenced to drug court as part of their sentence, although they can apply to have their records expunged at a later time.

Another suggestion was that a greater percentage of current treatment dollars should be directed toward women, who currently receive only about 7% of the state’s treatment budget, according to Ms. Newell.

Dr. Bryant-Williams stated that "consistency, common sense, and fairness" should be the foundation of the state’s drug policies. She cited a reasoning approach, to ask what is the purpose of punishment. If the purpose is to change behavior, then the next task would be to determine what is the most appropriate method of accomplishing that change.

Denele Campbell, speaking on behalf of Drug Policy Education Group, stated that harm reduction is the primary focus of their effort in reform.

"Harm reduction is an approach that seeks to reduce the harm drugs cause in our society," Ms. Campbell stated. "Right now, many of our drug policies actually cause more harm than the drugs themselves."

Harm reduction as a reform approach seeks to incorporate fiscal responsibility with sensible laws and policies that have less damaging impact on children, families, and communities. For example, arrests of women with dependent children have tripled in the last decade. An enormous number of children are traumatized by the loss of their family as mothers are sent to jail, making these children up to seven times more likely to commit crimes themselves. The majority of the mothers’ arrests for non-violent crimes are the direct result of substance abuse, either as a drug crime or crimes to support an addiction. Costs to incarcerate the mother, along with the costs for support of her children and the subsequent loss of custody and economic dependency this woman may experience as an ex-convict are far more expensive than an intervention approach that offers counseling, treatment, education, and access to residential settings where she can remain with her children.

Ideal reform measures and improved or expanded programs, funding resources, and other harm reduction approaches will be discussed at future meetings of the group. Persons interested in participating in the group discussion may contact DPEG at 501-839-2475 or by email at dpeg@mindspring.com

ADDITIONAL RESOURCES:

Tuesday August 28, the United Nations World Conference Against Racism convenes at Durban, South Africa. Over 100 religious, civil rights and congressional leaders have signed a letter to UN Secretary Kofi Annan urging him to make the U.S.-led drug war a top priority. See the full list of signatories at www.drugwarinjustice.org

See Position Papers on the Lindesmith Center’s Campaign to End Race Discrimination:

• The Racial History of the U. S. Drug Prohibition, www.drugpolicy.org/lindesmith/cites_sources/race_paper_history.html

• Books Not Bars: Juvenile Justice, Education, and the United States "War on Drugs"

• The War on Drugs is a War on Women of Color www.drugpolicy.org/lindesmith/cites_sources/race_paper_women.html

• The U. S. War on Drugs: Political Economics of a New Slavery http://www.drugpolicy.org/about/position/race_paper_econ.cfm

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Denele Campbell, Executive Director
Drug Policy Education Group, Inc.
541 West Meadow, Fayetteville AR 72701
479-839-2475 * www.dpeg.org * dpeg@mindspring.com