Comments on: Things Go Better With Coke

By: ◄Dave►

◄Dave► — Sat, 10 Jan 2009 00:15:16 +0000

No need to react, Troy, it was just some data. I get a bit irritated at the oft repeated refrain that we are incarcerating thousands of hapless citizens who are guilty of nothing more than getting caught for mere possession of a proscribed intoxicant. The plea bargain element should be obvious.

As to the others, let me give you a real world example. I am a cop on patrol of an upscale neighborhood that has been experiencing frequent burglaries, and the good citizens are on the Chief’s case about it. He, naturally, is getting a little irked at me for not catching the perpetrator(s). I spot a couple of characters whose “profile” doesn’t fit the neighborhood, cruising around it slowly and generally acting rather suspiciously, to the experienced mind of a cop.

I get behind and watch them, which is my job. I radio in their license plate, and it comes back registered to a known burglar, with a rap sheet as long as your arm, from the next town down the highway. I haven’t observed them breaking any law, but there is not a doubt in my mind that they are up to no good. Now, I could spend my shift following them up and down all the streets of the neighborhood, to make sure they don’t succeed in finding a likely target; but what if I get an emergency call and have to break off my surveillance?

What is more important to me (and my job), is that the crime spree abates, than to actually prove someone is guilty of past crimes. So, I use the excuse of a burned out license plate lamp to pull them over and suggest they get the hell out of my town. When they roll down a window, the smell of burning cannabis is overpowering, and I notice a smoldering roach in the ashtray.

Bingo. Now, if it were a couple of kids from the neighborhood, I could confiscate their stash, call their parents to come get them, and be regarded as a hero by my employers (the citizens) for giving the kids a break. With a little luck, it might scare them straight or at least their dads would make life uncomfortable for a while over the embarrassment. These clowns, however, don’t deserve another break, and I want them off my streets; so I arrest them and turn the case over to the DA, making me a hero with the Chief. No, I didn’t catch them in the act of a “real crime;” but I did my job and stopped the crime spree. ◄Dave►

By: Troy

Troy — Fri, 09 Jan 2009 20:06:23 +0000

Dave,
I understand what you are saying and do not take issue with it, but am still not sure exactly how to react. The gist of what you said seems to be that there are people who should be incarcerated for some reason, but, cannot be convicted for the reason for which incarceration is needed, ergo they get convicted for drug possession.

The obvious question is: why can’t they be convicted of the “real crime” to begin with?

By: ◄Dave►

◄Dave► — Fri, 09 Jan 2009 00:18:38 +0000

Hi Troy. I agree with you, of course, with one minor kibitz. As an ex-cop, I know a bit about the “war” and its futility. There is one putative benefit to society, however. The vast majority of those incarcerated for “only possession,” are guilty of far worse crimes. Cops rarely bust someone just for possession anymore. They will normally only confiscate a harmless kid’s drugs, just like they used to pour out our beer when we got caught as kids.

When someone ends up in jail for possession, they either plea bargained a dealing (or worse) offense down to possession, or the cops couldn’t get enough proof on a known burglar, etc. to make a case stick; so they arrested him on possession just to get him off their streets. If the DA prosecuted and a judge sentenced the offender, they agreed with the cops’ desire to clean up the neighborhood, or they wouldn’t have been convicted.

So, more than anything it is just a convenient (albeit expensive) tool for law enforcement. Take it away (and I agree we should), and there will be a societal price to pay for it, unless an alternative “catch all” crime takes its place. ◄Dave►