“From Whence It Came”: Rethinking the Federal Role When Discussing the War on Drugs

Editor’s Note: Today’s post comes from Matthew June, a PhD candidate at Northwestern University. June’s current work studies the sources of federal power to prosecute national drug laws.

The United States has a massive prison problem. As more attention has been drawn to this stark reality, it has become equally clear that there are no simple solutions or easy explanations. Nonetheless, while many have cited the “war on drugs,” others have dismissed this as too small a part in the larger problem. Last summer a Washington Post Op-Ed argued, “ending the war on drugs would not end mass incarceration.” Taking these back of the envelope calculations a step further, Slate highlighted how reforming the federal system wouldn’t help the country’s 1.3 million state prisoners. This proposition has again come to the fore in debates over Hillary Clinton’s responsibility for the rise of mass incarceration. Arguing against such a conclusion, German Lopez of Vox recently insisted, “Federal policy is not the cause of mass incarceration” because “federal prisons house only 13 percent of the overall prison population.”

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As there are “lies, damn lies, and statistics,” there are many ways to look at these numbers – especially the fact that over half of all federal prisoners are there for drug charges. While it is reasonable to note how this is only a small step for criminal justice reform, changes in federal drug sentencing could benefit nearly 1 out of 20 people under some form of local, state, or national supervision. Put another way, releasing every federal drug offender might not bring us out of the top spot for world incarceration rates, but even a five percent dent in our overall numbers cannot be dismissed. Just ask my students if they wouldn’t mind dropping from an “A-” to a “B+” and you will get a pretty good sense of how just a slim percent difference can seem mighty important to those directly affected. But this somewhat flippant re-examination of the statistics only belies a small sliver of the overall federal role in the “war on drugs” and its impact on mass incarceration. The 105,000 men and women behind bars for federal drug charges are just the most visible part of the federal role in the national “war on drugs.” And the causes and consequences of that role demand ongoing attention from scholars and others.

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El Chapo Guzmán (beta, 1.0) – Prison Escape and Drug Smuggling in the Early 20th Century

El Chapo It’s no secret that Joaquín “El Chapo” Guzmán, the world’s most wanted drug cartel kingpin, was recently recaptured and imprisoned in Mexico. After all, between his two previous high profile prison escapes and a recently published interview with Sean Penn in Rolling Stone magazine, El Chapo has frequently been front and center in the national media of late. As so often is the case when it comes to news coverage on the war on drugs in the United States, there’s been a deep sense of presentism in framing the nature of El Chapo’s rise to power and infamy. This is especially true when discussing his penchant for using tunnels – to smuggle drugs, evade capture, and of course, escape from prison. Indeed, Penn’s Rolling Stone piece went so far as to claim: “In 1989, El Chapo dug the first subterranean passage beneath the border from Tijuana to San Diego, and pioneered the use of tunnels to transport his products and to evade capture.” Yet, while there’s no denying El Chapo’s tunnels are widespread, impressive and effective, to suggest he was the first drug smuggler to use such methods ignores the history of more than a century of drug smuggling on the U.S.-Mexico Border.

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