New Poll Shows Major Support Among Latinos for Sentencing Reform
New Poll Shows Major Support Among Latinos for Sentencing Reform Adrian D. Pantoja, Ph.D., Latino Decisions, May 20 2014 The war on drugs has dramatically increased our prison population and disproportionately impacted low-‐income communities of color who are frequently the targets of law-‐enforcement efforts. According to the Sentencing Project, the number of persons incarcerated in the United States is 2.2 million people making the U.S. the world's leader in incarceration. This represents a 500% increase over the past thirty years with the overwhelming majority of those incarcerated being Latino or African American. The Drug Policy Alliance, the nation's leading organization promoting sensible drug policy reforms estimates that the cost of this failed war on drugs amounts to a staggering $51 Billion per year and over four decades, the group says, American taxpayers have dished out $1 trillion on the drug war, a strategy that to date has yet to foster any change in problematic substance abuse rates and instead created the world's highest incarceration rate. On November 5th 1996 through the Compassionate Care Act, Proposition 215, California became the first state to challenge our national drug policies when a majority of state voters approved medical marijuana making it available to the many seriously ill people who did not have legal access to the medicine that works best for them. Since then, dozens of U.S. cities and states have followed and broadened California’s example by allowing greater access to medical use of marijuana, decriminalizing drug possession, and full legalization for adult recreational use. In 2013 the U.S. attorney General Eric Holder called mass incarceration a moral and economic failure and suggested that federal prosecutors should avoid harsh mandatory minimums for certain low-‐level, non-‐violent drug offenses. In light of this local, state and national shift in policies and attitudes toward the war on drugs, where do California Latinos stand on these issues? Specifically, are they supportive of efforts to remove and/or reduce criminal penalties for drug-‐related offenses? Are racial disparities in drug enforcement and sentencing policies viewed as problematic? In an effort to gauge Latino attitudes, Presente.org and Latino Decisions conducted a survey with 400 Latino registered voters in California from March 30 to April 5, 2014. Respondents were interviewed in English or Spanish, at their discretion, by fully bilingual interviewers. To assess Latino support for increasing or reducing drug penalties for possession, respondents were asked to state their level of agreement or disagreement with the following statement: “California should minimize the penalties for drug possession, but drug sellers should be held accountable.”
Table 1. California should minimize the penaliHes for drug possession, but drug sellers should be held acccountable Agree (strongly/somewhat) Total 18-‐39yrs 40-‐59yrs
69% 74% 59%
60yrs+
72%
less $40k
71%
Disagree (strongly/somewhat) 27% 19% 39% 26% 25%
$40k-‐$80k
67%
30%
$80k+
66%
30%
Democrat
68%
28%
Independent Republican
75% 66%
25% 30%
Table 1 shows that Latinos overwhelmingly support minimizing penalties for simple drug possession; 69% agreed somewhat to strongly, that drug penalties for possession should be reduced. Although support for this proposal was high across all segments of the Latino electorate, we found the strongest support to be among those who are political Independents (75%), 18-‐39 year olds (74%), and earning less than $40k (71%). Support was lowest among persons who are between the ages of 40 to 59 years (59%). A number of different studies show racial disparities in arrests and sentencing for drug-‐related offenses. Do Latinos believe this is a serious problem facing their community?
Table 2. Concerns over racial dispariHes in drug enforcement Serious/very serious problem
Total
82%
18-‐39yrs
13%
89%
40-‐59yrs
8%
74%
22%
83%
60yrs+
12%
92%
less $40k $40k-‐$80k
6%
75%
$80k+
20%
78%
Democrat
16%
94% 74%
Independent Republican
Not too serious/not a problem
57%
4% 20% 38%
Respondents were presented with the following information, “Even though all racial and ethnic groups use and sell drugs at about the same rate, Latinos are much more likely than whites to be stopped, searched, arrested, convicted and incarcerated for drug law violations. Is that a very serious problem, a serious problem, not too serious a problem, or not a problem at all?” A large majority (82%) said this was a “very serious” and “a serious” problem. Only 13% said this was “not too serious” or “not a problem.” Democrats (94%), persons earning less that $40K per year (92%), and 18 to 39 year olds (89%) demonstrate the highest level of concern. Republicans (57%) displayed the lowest level of concern for such disparities. Finally, Latinos were asked to state which of the following three penalties should be imposed for possession of small quantities of drugs for personal use: (1) sent to drug treatment centers, not jailed or incarcerated; (2) penalties should be decided on a case-‐by-‐case basis; and (3) there should be zero tolerance for all drug crimes, including non-‐violent small possession offenses. Table 3 shows the percentage of respondents who chose options 1 and 2 (drug treatment/case-‐by-‐case) versus option 3 (zero tolerance). The results clearly demonstrate a rejection of the “get tough on drugs” policy approach, where there is zero tolerance for the use and/or possession of illegal drugs. Only 16% of
respondents favored the zero-‐tolerance option. The majority (79%) favored an approach that emphasizes treatment or introduces flexibility in the sentencing process. The highest level of opposition for the zero tolerance option came from younger Latinos (18-‐39 year olds) and political Independents.
Table 3. PenalHes for possession of small quanHHes of drugs for personal use Drug treatment, case-‐by-‐case Total
79%
18-‐39yrs 40-‐59yrs 60yrs+ less $40k $40k-‐$80k $80k+ Democrat
16%
90% 81% 70%
8% 17% 23%
78% 84% 81% 76%
16% 13% 18% 19%
93%
Independent Republican
Zero tolerance
71%
3% 24%
Not surprisingly, the zero tolerance approach had its greatest support among the most conservative segments of the Latino population, those who are 60 years or older (23%) and Republican (24%). Nonetheless, these same segments support for drug treatment and flexibility in the sentencing process by 70% or more. Latinos and African Americans are disproportionate casualties of the war on drugs; prisons are at maximum capacity, overflowing with nonviolent offenders who have been convicted for petty drug law violations. There were more than 1.5 million drug arrests in the U.S. in 2012. The vast majority – more than 80 percent – were for possession only. At year-‐end 2011, more than 16 percent of all people in state prison were incarcerated for a drug law violation – of whom roughly 55,000 were incarcerated for possession alone. The consequences of drug arrests extend beyond those convicted to include their families and communities. In a thirty year period, rates of parental incarceration are roughly double among Latino children, as compared to white children and quintupled for Black children. Much as the drug war drives mass incarceration, it is also a major driver of mass deportation. 40,000 people have been deported for drug law violations every year since 2008. Nearly 250,000 -‐-‐ one-‐quarter of a million -‐
-‐ people were deported for nonviolent drug offenses in just the past six years. It comes as no surprise that Latinos in our survey are saying “no mas” to this failed war on drugs. However, it’s younger and low-‐income Latinos, those who are most likely to be the victims of the war on drugs that are most supportive of decriminalization. Latino attitudes toward the decriminalization of drug use and possession mirror those of the general population. Last year the Pew Research Center found that the first time in four decades of polling, most Americans favor legalizing marijuana. In our survey, 71% of Latinos agree that medicinal marijuana is an important medicine for people with serious illnesses and should remain legal. Whether these attitudinal trends continue to rise or plateau is an open question. What is clear from our survey is that California laws that decriminalize drug possession will receive enthusiastic support from the Latino electorate.
Table 1. California should minimize the penaliHes for drug possession, but drug sellers should be held acccountable Agree (strongly/somewhat) Total 18-‐39yrs 40-‐59yrs
69% 74% 59%
60yrs+
72%
less $40k
71%
Disagree (strongly/somewhat) 27% 19% 39% 26% 25%
$40k-‐$80k
67%
30%
$80k+
66%
30%
Democrat
68%
28%
Independent Republican
75% 66%
25% 30%
Table 1 shows that Latinos overwhelmingly support minimizing penalties for simple drug possession; 69% agreed somewhat to strongly, that drug penalties for possession should be reduced. Although support for this proposal was high across all segments of the Latino electorate, we found the strongest support to be among those who are political Independents (75%), 18-‐39 year olds (74%), and earning less than $40k (71%). Support was lowest among persons who are between the ages of 40 to 59 years (59%). A number of different studies show racial disparities in arrests and sentencing for drug-‐related offenses. Do Latinos believe this is a serious problem facing their community?
Table 2. Concerns over racial dispariHes in drug enforcement Serious/very serious problem
Total
82%
18-‐39yrs
13%
89%
40-‐59yrs
8%
74%
22%
83%
60yrs+
12%
92%
less $40k $40k-‐$80k
6%
75%
$80k+
20%
78%
Democrat
16%
94% 74%
Independent Republican
Not too serious/not a problem
57%
4% 20% 38%
Respondents were presented with the following information, “Even though all racial and ethnic groups use and sell drugs at about the same rate, Latinos are much more likely than whites to be stopped, searched, arrested, convicted and incarcerated for drug law violations. Is that a very serious problem, a serious problem, not too serious a problem, or not a problem at all?” A large majority (82%) said this was a “very serious” and “a serious” problem. Only 13% said this was “not too serious” or “not a problem.” Democrats (94%), persons earning less that $40K per year (92%), and 18 to 39 year olds (89%) demonstrate the highest level of concern. Republicans (57%) displayed the lowest level of concern for such disparities. Finally, Latinos were asked to state which of the following three penalties should be imposed for possession of small quantities of drugs for personal use: (1) sent to drug treatment centers, not jailed or incarcerated; (2) penalties should be decided on a case-‐by-‐case basis; and (3) there should be zero tolerance for all drug crimes, including non-‐violent small possession offenses. Table 3 shows the percentage of respondents who chose options 1 and 2 (drug treatment/case-‐by-‐case) versus option 3 (zero tolerance). The results clearly demonstrate a rejection of the “get tough on drugs” policy approach, where there is zero tolerance for the use and/or possession of illegal drugs. Only 16% of
respondents favored the zero-‐tolerance option. The majority (79%) favored an approach that emphasizes treatment or introduces flexibility in the sentencing process. The highest level of opposition for the zero tolerance option came from younger Latinos (18-‐39 year olds) and political Independents.
Table 3. PenalHes for possession of small quanHHes of drugs for personal use Drug treatment, case-‐by-‐case Total
79%
18-‐39yrs 40-‐59yrs 60yrs+ less $40k $40k-‐$80k $80k+ Democrat
16%
90% 81% 70%
8% 17% 23%
78% 84% 81% 76%
16% 13% 18% 19%
93%
Independent Republican
Zero tolerance
71%
3% 24%
Not surprisingly, the zero tolerance approach had its greatest support among the most conservative segments of the Latino population, those who are 60 years or older (23%) and Republican (24%). Nonetheless, these same segments support for drug treatment and flexibility in the sentencing process by 70% or more. Latinos and African Americans are disproportionate casualties of the war on drugs; prisons are at maximum capacity, overflowing with nonviolent offenders who have been convicted for petty drug law violations. There were more than 1.5 million drug arrests in the U.S. in 2012. The vast majority – more than 80 percent – were for possession only. At year-‐end 2011, more than 16 percent of all people in state prison were incarcerated for a drug law violation – of whom roughly 55,000 were incarcerated for possession alone. The consequences of drug arrests extend beyond those convicted to include their families and communities. In a thirty year period, rates of parental incarceration are roughly double among Latino children, as compared to white children and quintupled for Black children. Much as the drug war drives mass incarceration, it is also a major driver of mass deportation. 40,000 people have been deported for drug law violations every year since 2008. Nearly 250,000 -‐-‐ one-‐quarter of a million -‐
-‐ people were deported for nonviolent drug offenses in just the past six years. It comes as no surprise that Latinos in our survey are saying “no mas” to this failed war on drugs. However, it’s younger and low-‐income Latinos, those who are most likely to be the victims of the war on drugs that are most supportive of decriminalization. Latino attitudes toward the decriminalization of drug use and possession mirror those of the general population. Last year the Pew Research Center found that the first time in four decades of polling, most Americans favor legalizing marijuana. In our survey, 71% of Latinos agree that medicinal marijuana is an important medicine for people with serious illnesses and should remain legal. Whether these attitudinal trends continue to rise or plateau is an open question. What is clear from our survey is that California laws that decriminalize drug possession will receive enthusiastic support from the Latino electorate.
