Discretion, not policy content, drives persistent racial drug disparities

Evidence

Facially race-neutral drug policies allowed for discretion by police and prosecutors in ways that disproportionately affected African Americans. The punitive turn in drug control did not achieve its stated goals but did negatively affect the life chances of citizens with drug-related criminal records, particularly African Americans. In the early portion of the new millennium, however, several overlapping factors combined to deemphasize the aggressive law enforcement policies and tactics responsible for the rise in drug sanctioning. These policy reforms have led to steep reductions in drug arrest and imprisonment rates, but racial disparities remain. In the final section of this chapter, I argue that racial disparities in drug law enforcement cannot be fully remedied without constraining the discretion of police and the courts and, most importantly, prosecutors. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1036

Categorization

• XREF: Echoes the Milgrom insight that institutions — here, constraint on discretion — are what change outcomes, not well-meaning rules.