For more than 130 years, a series of laws and
presidential executive orders have required the
Attorney General to provide overall coordination of
federal enforcement efforts. In the case of drugs,
the attorney general's coordinating responsibilities
recently have been shared with the director of the
Office of National Drug Control Policy, the White
House "drug czar."
The basic goals behind this mandate have always been
same: make federal enforcement more effective, make
it more fair. Justice Department enforcement data,
however, provide tentative evidence that neither the
attorney general nor the drug czar have been very
successful in pushing the agencies, the prosecutors
and the courts to focus their enforcement activities
on the most important targets or to provide the
American people with equal justice under the law.
Consider the Drug Enforcement Administration, the
central Justice Department investigative agency when
it comes to enforcing the nation's drug laws.
On a per capita basis, the four
districts with the largest number of DEA referrals in
fiscal years 1998 were New Mexico (Albuquerque),
Texas West (San Antonio), Texas South (Houston) and
New York South (Manhattan.) See map
and table of
ranks. Given the flow of drugs across the border
with Mexico and smuggling potential in the nation's
largest city, the DEA would appear to be aiming its
enforcement activities towards parts of the country
with the highest need. But a listing of the agency's
ten most active districts (table)included
some other areas where the DEA's emphasis on drugs
was harder to understand. These areas included Iowa
South (Des Moines), Vermont (Burlington) and Georgia
Middle (Macon).
Even more confusing were some of the areas where the
DEA was reported to be least active (table).
California Central (Los Angeles) ranked 72 among the
90 districts, New Jersey 79, Illinois North (Chicago)
85 and California North (San Francisco) 87. Los
Angeles and San Francisco, of course, have long been
viewed as major centers for the import, production
and use of illegal drugs.
In terms of the effectiveness and
fairness of the government's overall enforcement
effort against drugs, the work of the prosecutors and
the courts often is as important as that of the
investigators. One measure of this joint
responsibility is the length of time required from
when the DEA refers a matter for prosecution to when
the matter is disposed of. For the nation as a whole,
the median processing time -- half the referrals took
more, half less-- was 272 days. But the
district-to-district range in this key indicator was
considerable (see
map). The median times in West Virginia North
(Wheeling), New York West (Buffalo) and Massachusetts
(Boston) were 1,382 days, 825 days and 736 days, far
longer than the national DEA median. This compared
with 27 days in California Central (Los Angeles), 134
days in Texas South (Houston) and 168 days in Alaska
(Anchorage.) See
table.
It is clear that one factor influencing processing
time of criminal matters is the complexity of the
underlying cases being presented by the DEA. But
other forces, which also might be a concern of the
attorney general, obviously are at work. Is the
Justice Department, for example, making sure that
nation's assistant U.S. Attorneys are being put to
work were they are most needed? What about the court
system? Are the administrators making sure that the
different districts have sufficient judges to process
the cases being recommended for prosecution by the
DEA and other federal agencies?
Considerable regional variations
are also found in the sentences imposed on DEA
defendants depending where they are convicted (map).
In four federal districts in fiscal year 1998, for
example, the median DEA time was ten or more years.
These districts were Wisconsin West (Madison), North
Carolina Middle (Greensboro) Georgia South (Savannah)
and North Carolina East (Raleigh). At the other end
of the scale, there were five districts where the
median DEA sentence was two and a half years or less.
The districts with comparatively light sentences were
Maine (Portland), New Mexico (Albuquerque), Tennessee
West (Memphis), Texas South (Houston), New York West
(Buffalo) and Arizona (Phoenix). See
table.
Because most federal cases are resolved without a
formal trial and judges have only limited discretion
under the mandatory sentencing guidelines, disparity
in DEA sentences is largely the product of the
discretionary decisions of individual agents and
prosecutors.