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Using Research to Improve Hate Crime Reporting and Identification

By Kaitlyn Sill and Paul A. Haskins.

This article originally appeared in Police Chief and is reposted here with permission from the International Association of Chiefs of Police.

Hate crimes harm whole communities. They are message crimes that tell all members of a group—not just the immediate victims—that they are unwelcome and at risk.

The damage that bias victimization causes multiplies when victims and justice agencies don’t recognize or report hate crimes as such. In addition, in cases for which law enforcement agencies fail to respond to or investigate hate crimes, relationships between law enforcement and affected communities can suffer, and public trust in police can erode.[1]

While it is known that hate crimes are underreported throughout the United States, there is not a clear understanding of exactly why reporting rates are low, to what extent, and what might be done to improve them. An even more elementary question, with no single answer, is: What constitutes a hate crime? Different state statutes and law enforcement agencies have different answers to that question, which further complicates the task of identifying hate crimes and harmonizing hate crime data collection and statistics.

Convergence of Artificial Intelligence and the Life Sciences: Safeguarding Technology, Rethinking Governance, and Preventing Catastrophe

By Carter, Sarah R.; Wheeler, Nicole E.; Chwalek, Sabrina; Isaac, Christopher R.; Yassif, Jaime

From the document: "Rapid scientific and technological advances are fueling a 21st-century biotechnology revolution. Accelerating developments in the life sciences and in technologies such as artificial intelligence (AI), automation, and robotics are enhancing scientists' abilities to engineer living systems for a broad range of purposes. These groundbreaking advances are critical to building a more productive, sustainable, and healthy future for humans, animals, and the environment. Significant advances in AI in recent years offer tremendous benefits for modern bioscience and bioengineering by supporting the rapid development of vaccines and therapeutics, enabling the development of new materials, fostering economic development, and helping fight climate change. However, AI-bio capabilities--AI tools and technologies that enable the engineering of living systems--also could be accidentally or deliberately misused to cause significant harm, with the potential to cause a global biological catastrophe. [...] To address the pressing need to govern AI-bio capabilities, this report explores three key questions: [1] What are current and anticipated AI capabilities for engineering living systems? [2] What are the biosecurity implications of these developments? [3] What are the most promising options for governing this important technology that will effectively guard against misuse while enabling beneficial applications? To answer these questions, this report presents key findings informed by interviews with more than 30 individuals with expertise in AI, biosecurity, bioscience research, biotechnology, and governance of emerging technologies."

Nuclear Threat Initiative. 2023. 88p.

Principles for Reducing AI Cyber Risk in Critical Infrastructure: A Prioritization Approach

By SLEDJESKI, CHRISTOPHER L.

From the document: "Artificial Intelligence (AI) brings many benefits, but disruption of AI could, in the future, generate impacts on scales and in ways not previously imagined. These impacts, at a societal level and in the context of critical infrastructure, include disruptions to National Critical Functions. A prioritized risk-based approach is essential in any attempt to apply cybersecurity requirements to AI used in critical infrastructure functions. The topics of critical infrastructure and AI are simply too vast to meaningfully address otherwise. The National Institute of Standards and Technology (NIST) defines cyber secure AI systems as those that can 'maintain confidentiality, integrity and availability through protection mechanisms that prevent unauthorized access and use.' Cybersecurity incidents that impact AI in critical infrastructure could impact the availability, reliability, and safety of these vital services. [...] This paper was prompted by questions presented to MITRE about to what extent the original NIST Cybersecurity Risk Framework, and the efforts that accompanied its release, enabled a regulatory approach that could serve as a model for AI regulation in critical infrastructure. The NIST Cybersecurity Risk Framework was created a decade ago as a requirement of Executive Order (EO) 13636. When this framework was paired with the list of cyber-dependent entities identified under the EO, it provided a voluntary approach for how Sector Risk Management Agencies (SRMAs) prioritize and enhance the cybersecurity of their respective sectors."

MITRE CORPORATION. 2023. 18p.

UCR Summary of Crime in the Nation, 2022

UNITED STATES. FEDERAL BUREAU OF INVESTIGATION; UNIFORM CRIME REPORTING PROGRAM (U.S.)

From the document: "The FBI's Uniform Crime Reporting (UCR) Program provides a nationwide view of crime based on data submissions voluntarily reported by non-federal law enforcement agencies throughout the country. The data submitted to the distinct collections detail criminal incidents and law enforcement workforce and operations. For decades, several of these compilations have been published annually. Though each collection presents details of crime data based on numbers provided by participating agencies, the reports vary in context, participation, and publication criteria. 'Crime in the Nation, 2022,' includes data received from 15,724 law enforcement agencies that provided either the National Incident-Based Reporting System (NIBRS) or the Summary Reporting System (SRS) data. These agencies represent 83.3 percent of agencies actively enrolled in the UCR Program and covering a combined population of 311,628,976 (93.5 percent) inhabitants. Notably, every city agency covering a population of 1,000,000 or more inhabitants contributed a full 12 months of data to the UCR Program in 2022. In addition to the 'UCR Summary of Crime in the Nation, 2022,' which contains a synopsis of the data, 'Crime in the Nation, 2022' is comprised of the following components: [1] 'Crime in the United States (CIUS), 2022'; [2] 'NIBRS [National Incident-Based Reporting System], 2022'; [3] 'NIBRS Estimates, 2022'; [4] 'Hate Crime Statistics, 2022'; [and 5] 'Law Enforcement Officers Killed and Assaulted (LEOKA), 2022: Officers Assaulted'[.]"

United States. Federal Bureau of Investigation. Uniform Crime Reporting Program (U.S.). 2023. 37p.

County Lines

By John Pitts

County Lines are criminal networks based mainly in cities that export illegal drugs to one or more out-of-town locations. The organisers use dedicated mobile phone lines to take orders from buyers, and children and vulnerable adults to transport, store and deliver the drugs. County Lines organisers may use coercion, intimidation and violence (including sexual violence) to control this workforce. Initially, the ‘Youngers’, the children involved, may be given money, phones or expensive trainers, but are then told they must repay this by working for the County Lines gang. Sometimes the ‘Elders’, the organisers, arrange for them to be robbed of the drugs they are carrying so that they become indebted. If they protest, they may be told to keep working to pay off the debt or they, and their families, will be subject to violent retribution. The ‘Youngers’, who deliver the drugs, risk being apprehended by the police, assaulted and robbed by their customers or by members of rival gangs (Andell and Pitts, 2018; Harding, 2020). This Academic Insights paper sets out how County Lines operations have developed and evolved over recent years. Focus is then given to multi-agency ways of tackling County Lines which involve probation and youth offending services.

Academic Insights, 2021.01. Manchester, UK: HM Inspectorate of Probation , 2021. 15p.

Mediating Violence in Jamaica Through a Gang Truce

By Charles M. Katz , Anthony Harriott, and E.C. Hedberg

The article examines a gang-related peace initiative instituted in Greater August Town, Jamaica. Our objective was to understand the negotiation processes and determine whether the gang truce resulted in the desired outcome: a reduction in homicide. Bivariate analyses showed a significant decline in homicides immediately following the truce. Upon closer examination, however, comparing change in the target area to the balance areas in Jamaica and accounting for temporal trends, we found that the decline in homicide was part of a larger nationwide decline in violence and that the gang truce was not responsible for the decline. The only significant effect was the possibility that homicides were displaced outside the target area for a brief period of time.

International Criminal Justice Review 35(2): 2022.

"Breaking Bad"? Gangs, masculinities and murder in Trinidad

By Adam Baird, Matthew Louis Bishop & Dylan Kerrigan

The murder rate in Port of Spain, Trinidad, rose dramatically around the turn of the millennium, driven overwhelmingly by young men in gangs in the city’s poor neighborhoods. The literature frequently suggests a causal relationship between gang violence and rising transnational drug flows through Trinidad during this period. However, this is only part of a complex picture and misses the crucial mediating effect of evolving male identities in contexts of pronounced exclusion. Using original data, this article argues that historically marginalized “social terrains” are particularly vulnerable to violence epidemics when exposed to the influence of transnational drug and gun trafficking. When combined with easily available weapons, contextually constructed male hegemonic orders that resonate with the past act as catalysts for contemporary gang violence within those milieus. The study contributes a new empirical body of work on urban violence in Trinidad and the first masculinities-specific analysis of this phenomenon. We argue that contemporary gang culture is a historically rooted, contextually legitimated, male hegemonic street project in the urban margins of Port of Spain.

International Feminist Journal of Politics, 2021.

Man a Kill a Man for Nutin’: Gang Transnationalism, Masculinities, and Violence in Belize City

By Adam Baird

Belize has one of the highest homicide rates in the world; however, the gangs at the heart of this violence have rarely been studied. Using a masculinities lens and original empirical data, this article explores how Blood and Crip “gang transnationalism” from the United States of America flourished in Belize City. Gang transnationalism is understood as a “transnational masculinity” that makes cultural connections between local settings of urban exclusion. On one hand, social terrains in Belize City generated masculine vulnerabilities to the foreign gang as an identity package with the power to reconfigure positions of subordination; on the other, the establishment of male gang practices with a distinct hegemonic shape, galvanized violence and a patriarchy of the streets in already marginalized communities. This article adds a new body of work on gangs in Belize, and gang transnationalism, whilst contributing to theoretical discussions around the global to local dynamics of hegemonic masculinities discussed by Connell and Messerschmidt (2005) and Messerschmidt (2018).

Men and Masculinities Volume 24, Issue 3. 1-21 , 2019

2021 Durham Community Gang Assessment\

2021 Durham Community Gang Assessment

By Michelle Young

Beginning in 2021, the Durham Gang Reduction Strategy Steering Committee (GRSSC) commissioned an updated community gang assessment for Durham. The GRSSC community gang assessment used the OJJDP Comprehensive Gang Model Guide to Assessing Your Community’s Youth Gang Problem (Office of Juvenile Justice and Delinquency Prevention, 2009). This report presents five key findings and related recommendations arising from that exercise. Key finding 1: What is the most acute problem related to gangs/violence in Durham and where is it most acute? At least 12 census tracts/neighborhoods in Durham are currently affected by extremely high rates of violent person incidents (aggravated assault and homicide) that are up to 7.5 times higher than Durham’s overall rate per capita of these crimes. Eight of these census tracts have experienced high rates of violence since the last community gang assessment was conducted in Durham. Violence exposure in these areas is exacerbated by extreme poverty and exposure to other social vulnerabilities that have remained mostly unchanged since 2014. Key finding 2: Why are youth in Durham joining gangs? What risk factors locally must be addressed to keep youth out of gangs? Young people in Durham experience an elevated level of exposure to risk factors for gang involvement, including substance use, delinquency, the presence of gangs in their neighborhood and at school, family gang involvement, victimization, and exposure to violence. This level of risk exposure is higher for youth who enter the juvenile justice system and highest for gang involved individuals. Key finding 3: What is keeping young people in gangs? What must be addressed to help gang-involved individuals exit gangs? Research indicates that young people who join gangs become disconnected from mainstream pursuits. Gang involved individuals in Durham have difficulty exiting gangs because of high rates of school dropout, unemployment/underemployment, substance use, gang activity in the neighborhood, and a need to replace the social and emotional needs currently met by their gang. Key finding 4: How is this issue affecting the wider community? What should motivate policymakers to address the problem? People who live and work in Durham experience the gang issue very differently depending on their role and location. In some neighborhoods, gangs are deeply imbedded in the neighborhood’s culture which plays a key role in the decision to join a gang in Durham. Other neighborhoods experience gang issues indirectly. However, surveys across constituency groups indicates that the widespread nature of gang activity and community violence in Durham reduces quality of life for residents across the community. Key finding 5: How well is the current response to gangs working? What should be done differently in the future? All constituency groups that participated in this study described low levels of satisfaction with the current response to gangs and identified specific deficits that have caused this dissatisfaction. These issues include a failure to address the underlying conditions that give rise to gangs, a lack of awareness about the current responses to gangs across constituency groups, lack of information about the results of current strategies, and concerns about criminal justice policies. Recommendations Recommendation 1: Implement intensive, place-based strategies to address underlying social conditions that increase the vulnerability of children and youth in the most violence affected census tracts to gang involvement Recommendation 2: Implement comprehensive, intensive, and neighborhood-based service delivery specifically for gang-involved individuals in the highest violence neighborhoods. Recommendation 3: Because of the elevated level of gang exposure/involvement and youth risk exposure locally, Durham policymakers should expand available gang prevention and intervention programming, localize these services in the most violence/gang affected census tracts, and prioritize these services for children and youth who are at the highest level of risk of involvement in violence and gangs Recommendation 4: More regularly collect and report data that reflects the progress of the community’s gang violence reduction efforts. Recommendation 5: Institute standardized performance measures to track reductions in violence and improve existing criminogenic social conditions at the census tract level and more regularly report the outcomes attained by gang prevention, intervention and desistance strategies to policymakers and the community at the census tract level.

Wake Forest, NC: Michelle Young Consulting, 2022. 257p.

'I Get More in Contact with My Soul’: Gang Disengagement, Desistance and the Role of Spirituality

By Ross Deuchar

This article explores the links between gangs, masculinity, religion, spirituality and desistance from an international perspective. It presents insights from life history interviews conducted with a small sample of 17 male reforming gang members in Denmark who had become immersed in a holistic spiritual intervention programme that foregrounded meditation, yoga and dynamic breathing techniques. Engagement with the programme enabled the men to begin to perform broader versions of masculinity, experience improved mental health and well-being and develop a greater commitment to criminal desistance. Links with religious and spiritual engagement are discussed, and policy implications for the UK gang context included.

Youth JusticeVolume 20, Issue 1-2, April-August 2020, Pages 113-127

Rethinking How We View Gang Members: An Examination into Affective, Behavioral, and Mental Health Predictors of UK Gang-Involved Youth

By Sarah Frisby-Osman and Jane L. Wood

Mental health difficulties, conduct problems, and emotional maladjustment predict a range of negative outcomes, and this may include gang involvement. However, few studies have examined how behavioral, mental health, socio-cognitive, and emotional factors all relate to adolescent gang involvement. This study examined 91 adolescents to compare non-gang with gang-involved youth on their conduct problems, emotional distress, guilt-proneness, anxiety and depression, and use of moral disengagement and rumination. Analyses revealed that gang-involved youth had higher levels of anxiety, depression, moral disengagement, and rumination. Gang-involved youth also had higher levels of conduct disorder and exposure to violence, but they did not differ from non-gang youth on levels of emotional distress and guiltproneness. Discriminant function analysis further showed that conduct problems, moral disengagement, and rumination were the most important predictors of gang involvement. Discussion focuses on how intervention and prevention efforts to tackle gang involvement need to consider the mental health and behavioral needs of gang-involved youth. Further research is also needed to build an evidence base that identifies the cause/effect relationship between mental health and gang involvement to inform the best practice when tackling gang membership

Youth Justice 2020, Vol. 20(1-2) 93–112

The Watts Gang Treaty: Hidden History and the Power of Social Movements

By William J. Aceves

On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local activists attributed the reduction in shootings to the Treaty. Even law enforcement officials grudgingly recognized the Treaty’s contribution to reducing gang violence and a corresponding decrease in homicides. The origins of the Watts Gang Treaty can be traced to gang leaders recognizing that the devastating struggle between rival gangs was analogous to a military conflict—complete with “no-man’s land,” assault weapons, targeted killings, and civilian casualties—and, therefore, it required a diplomatic solution. Seeking inspiration from international conflict resolution efforts, gang members looked to the 1949 Armistice Agreement adopted by Egypt and Israel to end the Arab-Israeli War. The drafters of the Watts Gang Treaty mirrored the key provisions of the Armistice Agreement, including a cease-fire agreement and other confidence-building measures. The drafters then built a social movement to support the Treaty. This Article examines the origins, impact, and legacy of the Watts Gang Treaty. It also pursues a prescriptive agenda. It supports the study of hidden history that runs counter to the common narrative of power and privilege in the United States. Moreover, this Article argues that social movements can achieve meaningful change even in the face of poverty, violence, and structural racism.

Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 57, 2022. 63p.

Alternative Sentencing for Drug Offenses: An Evaluation of the First Offender Call Unified for Success (FOCUS) Program

By Jessica Reichert, Sharyn Adams, Morgan McGuirk,

Lauren Weisner

Court diversion programs for individuals convicted for drug crimes have been found to reduce recidivism and be cost effective. Some courts have established programs offering alternative sentencing and specialized programming for persons convicted of felony drug offenses. We conducted a process evaluation of a court diversion program for individuals charged with a first-time felony drug possession offense in DuPage County, Illinois called the First Offender Call Unified for Success (FOCUS) program. We examined the program’s development, operations, and participants, as well as collected feedback from the participants and probation and court staff involved in the program. We conducted interviews, administered surveys, and analyzed administrative data. As of April 2021, there were 231 active participants; a majority of participants were White males with a Class 4 felony drug possession charge. Thirty-nine participants had successfully completed the two-year program and three were unsuccessful. Overall, participants and clients provided positive feedback on the program. Based on our findings, we offered several recommendations to improve program operations.

Chicago: Illinois Criminal Justice Information Authority 2022. 57p.

Sobering Up After the Seventh Inning: Alcohol and Crime Around the Ballpark

By Jonathan Klick and John MacDonald

Objectives This study examines the impact of alcohol consumption in a Major League Baseball (MLB) stadium on area level counts of crime. The modal practice at MLB stadiums is to stop selling alcoholic beverages after the seventh inning. Baseball is not a timed game, so the duration between the last call for alcohol at the end of the seventh inning and the end of the game varies considerably, providing a unique natural experiment to estimate the relationship between alcohol consumption and crime near a stadium on game days. Methods Crime data were obtained from Philadelphia for the period 2006–2015 and geocoded to the area around the MLB stadium as well as popular sports bars. We rely on difference-in-differences regression models to estimate the change in crime on home game days around the stadium as the game time extends into extra innings to other areas of the city and around sports bars in Philadelphia relative to days when the baseball team plays away from home. Results When there are extra innings and more game-time after the seventh inning alcohol sales stoppage crime declines signifcantly around the stadium. The crime reduction beneft of the last call alcohol policy is undone when a complex of sports bars opens in the stadium parking lot in 2012. The results suggest that alcohol consumption during baseball games is a contributor to crime. Conclusions The fndings provide further support for environmental theories of crime that note the congregation of people in places with excessive alcohol consumption is a generator of violent crime in cities. The consumption of alcohol in MLB stadiums appears to increase crime.

Journal of Quantitative Criminology (2021) 37:813–834

Exploring Mental Health Comorbidities and Opioid Agonist Treatment Coverage Among People in Prison: A national cohort study 2010–2019

By A. Bukten , I. Skjærvø , M.R. Stavseth

Introduction: Despite a high prevalence of opioid use disorder (OUD) among people in prison, there is little knowledge of how many receive the recommended opioid agonist treatment (OAT) and what characterizes those who receive OAT and those who do not when it comes to mental health comorbidities. We aimed to describe people with OUD in Norwegian prisons over a ten-year period and their OAT status, and to investigate comorbidity of mental health disorders stratified by gender.

Methods: Data from the PriSUD study, including all people (≥19 years old) imprisoned in Norway between 2010 and 2019, linked to national patient registry data, including ICD-10 codes. We calculated the prevalence (1-year and 10-year) of OUD and OAT, and mental health comorbidity stratified on OAT-status and gender.

Results: Among the cohort (n=51,148), 7 282 (14.2%) were diagnosed with OUD during the period of observation. Of those, 4 689 (64.4%) received OAT. People with OUD had high levels of comorbidity, including other drug use disorders (92.4% OAT, 90.3% non-OAT), alcohol use disorder (32.1% OAT, 44.4% non-OAT) and any other mental health disorders (61.6% OAT, 68.2% non-OAT). The proportion receiving OAT among people with OUD increased markedly during the ten years of observation; from 35.7% in 2010–70.9% in 2019.

Conclusion. People with OUD, both receiving OAT and not, had substantially more mental health comorbidities than the non-OUD population. Understanding how the prison population changes over time especially in terms of mental health needs related to OUD, is important for correctional health service planning.

Drug and Alcohol Dependence. Volume 250, 1 September 2023, 110896

Associations between opioid overdose deaths and drugs confiscated by law enforcement and submitted to crime laboratories for analysis, United States, 2014–2019: an observational study

By Jon E. Zibbell , Arnie Aldridge, Megan Grabenauer , David Heller , Sarah Duhart Clarke, , DeMia Pressley, Hope Smiley McDonald

Summary Background The overdose epidemic in the United States (US) continues to generate unprecedented levels of mortality. There is urgent need for a national data system capable of yielding high-quality, timely, and actionable information on existing and emerging drugs. Public health researchers have started using law enforcement forensic laboratory data to obtain surveillance information on illicit drugs. This study is the first to use drug reports from the entire US to examine correlations between a changing drug supply and increasing opioid-involved overdose deaths (OOD) on a national scale. Methods This study is observational and investigates associations between law enforcement drug reports and OOD for the US from 2014 to 2019. OOD data are from the Centers for Disease Control and Prevention’s National Vital Statistics System restricted-use multiple cause of death files. The US Drug Enforcement Administration’s National Forensic Laboratory Information System (NFLIS) contains forensic laboratory–tested drug exhibit information for the entire US (NFLIS-Drug). Counts of forensic laboratory reports and OOD were aggregated for each state by month, quarter, and year. A two-way fixed effects model was used to estimate contemporaneous and lagged associations. Findings Between 2014 and 2019 in the US, 249,522 OOD were reported, with the annual number nearly doubling from 28,723 to 50,179. OOD involving illicitly manufactured fentanyls (IMF) also increased substantially during this period, from 19.4% to 72.9%. In addition, 3,817,438 forensic laboratory reports in the US that were reported to NFLIS-Drug contained an opioid, stimulant, or benzodiazepine. Reports of fentanyl and fentanyl-related compounds (FFRC) had the strongest association with OOD. Each additional FFRC exhibit was associated with a 2.97% (95% CI: 1.7%, 4.1%) increase in OOD per 100,000 persons per quarter. Interpretation Adding to the emerging consensus, protracted growth in IMF supply was more strongly associated with OOD than all other illicit drugs reported to NFLIS-Drug over the study time period. Findings demonstrate NFLIS-Drug data usefulness for research that require proxy indicators for the illicit drugs supply. A concerted effort between public health and public safety to make NFLIS-Drug more timely could strengthen its utility as a national, public health, drug surveillance system.

The Lancet Regional Health - Americas. Volume 25, September 2023, 100569

Twenty-First Century Illicit Drugs and Their Discontents: Why the FDA Could Not Approve Raw Cannabis as a “Safe,” “Effective,” and “Uniform” Drug

By Paul J. Larkin

The raw, agricultural form of cannabis is not capable of being approved for use by the Food and Drug Administration (FDA)—regardless of whether Congress or the U.S. Attorney General reschedules it downward from Schedule I. Rescheduling cannabis would not allow the drug to be distributed under federal law unless the FDA finds that it is a safe, effective, and uniform drug. The FDA could not do so under existing law, and the Attorney General cannot waive the Food, Drug, and Cosmetic Act’s requirements. Congress could do so by statute—but any such law would put at risk the health of users and nonusers in order to satisfy the desires of a minority for a transient high.

Washington, DC: The Heritage Foundation, 2023. 57p.

Drug Misuse: Most States Have Good Samaritan Laws and Research Indicates They May Have Positive Effects

By the United States Government Accountability Office; Triana McNeil

Since 1999, more than 800,000 people have died from a drug overdose in the United States, with over 86,000 occurring during the 12-month period ending in July 2020, according to the most recent provisional data available from the Centers for Disease Control and Prevention’s National Center for Health Statistics. In recent years, some states have enacted Good Samaritan and Naloxone Access laws to help reduce overdose deaths and respond to opioid overdoses. The Comprehensive Addiction and Recovery Act of 2016 included a provision for GAO to review these laws. This report addresses the following: (1) the efforts ONDCP has taken to collect and disseminate information on Good Samaritan and Naloxone Access laws, (2) the extent to which states, territories, and D.C. have these laws and the characteristics of them, and (3) what research indicates concerning the effects of Good Samaritan laws. To answer these questions, GAO collected and reviewed ONDCP documents and interviewed agency officials. GAO also reviewed and analyzed selected characteristics of jurisdictions’ Good Samaritan and Naloxone Access laws. Further, GAO conducted a literature review of empirical studies published from 2010 through May 2020 that examined the effects of Good Samaritan laws. GAO provided a draft of this report to ONDCP for comments. ONDCP provided technical comments which we incorporated, as appropriate.

Washington, DC: U.S. Government Accountability Office, 2021. 57p.

Confusion and Exclusion: Impacts of the Hazy State of D.C. Marijuana Legalization on People with Criminal Records

By The Council for Court Excellence

What follows is an edited transcript of a virtual public forum held on September 15, 2021, by the Council for Court Excellence (CCE) and the Office of the District of Columbia Auditor (ODCA), highlighting issues presented by the partial legalization of marijuana in the District of Columbia. This event was the last of four forums focused on timely criminal justice issues in the District. Each forum featured a panel of experts, local stakeholders and impacted individuals brought together to address barriers to effective policy, explore whether community needs are being addressed, and review options for action on each forum topic. Here we share the discussion from the fourth forum, “Confusion and Exclusion: Impacts of the Hazy State of D.C. Marijuana Legalization on People with Criminal Records,” focused on marijuana law and policy in D.C., the risks and barriers posed to people with criminal records, and the opportunities to transform our system moving forward. Participants provided thought-provoking commentary, constructive criticisms, and concrete policy proposals. The edited transcript allows readers to consider the nuances of each expert’s perspective and their real-time responses to one another’s ideas. Martin Austermuhle, a reporter and editor with WAMU 88.5 who frequently reports on the cannabis industry and local government, moderated the forum. The discussants included: • Queen Adesuyi, a policy manager at the Drug Policy Alliance; • Corey Barnette, owner and CEO of both District Growers LLC and Kinfolk Dispensary; • The Hon. David Grosso, a partner at Arent Fox LLP, previously served on the D.C. Council as an At-Large Member from 2013-2021 and was an early proponent of marijuana decriminalization; • Emily Gunston, Deputy Attorney General for Legislative Affairs and Policy for the D.C. Office of the Attorney General; and • Crystal Marshall, returning citizen and member of the Community Family Life Services Speakers Bureau. The panelists opened by discussing the history of cannabis law and policy in the District, and the jurisdictional issues presented by Congressional oversight. Each year since 2014, the House of Representatives has included a budget rider forbidding the D.C. Council from enacting any tax or regulatory structure related to recreational marijuana use, which has prevented the District from fully legalizing the sale of cannabis. D.C. is left in limbo: possession and private use of small amounts of marijuana are legal but purchasing and selling marijuana remain illegal. Plus, because the federal government controls D.C.’s pre-trial supervision, probation, parole, and supervised release, people under correctional supervision are still at risk of violating the terms for their supervision for legal use of cannabis. D.C. was one of the first jurisdictions in the United States to legalize medical marijuana use. Given the devastating impact of the “War on Drugs” on Black and Brown individuals, families, and communities, panelists noted that D.C. was at the forefront of social- and racial-justice oriented cannabis laws passed over the last 20 years. Panelists discussed the ways in which the District has prioritized Black and Brown people and communities in the medical cannabis industry including those who are patients and those who own, operate, and staff dispensaries. The discussants agreed that the racial equity goals of marijuana laws—to close wealth gaps among racial groups, to reinvest in those communities of color hit hardest by the “War on Drugs,” and to ultimately end discrimination in enforcement of drug laws more broadly—have not yet been met. Several panelists mentioned the necessity of a tax-and-regulate structure that would enable D.C. to collect proceeds from marijuana sales and, most importantly, reinvest those proceeds in social, educational, employment, and other programs to support members of historically marginalized Black and Brown communities. A particular focus of this discussion was the impact of D.C.’s perplexing marijuana laws on people in the District who have criminal records including marijuana-related charges. The panel described the personal toll that such confusion can take: it can lead those with criminal records to fear any interaction with cannabis, even interactions that are legal in D.C., because of the potential an arrest or conviction poses to their housing, employment, or immigration status. The disproportionately Black and poor District residents with criminal records are also prohibited under the current law from participating in the medical cannabis industry, depriving them of the opportunity to capitalize on economic benefits that other D.C. residents are free to pursue. Panelists also discussed the ways in which the Metropolitan Police Department’s enforcement of the complicated laws can impact crime, safety, and the economy. Participants cited cause for optimism, however, and shared their views on proposed legislation that would change the status of legal cannabis in D.C.: the MORE Act and the Cannabis Administration and Opportunity Act in Congress, and two bills proposed by Mayor Muriel Bowser and by Chairman Phil Mendelson of the D.C. Council. The panelists agreed that any new law should prioritize investment in Black and Brown communities and preserve the robust medical marijuana industry that has grown in D.C. Specific suggestions included removing the Congressional rider on the D.C. budget; establishing designated “use sites” for those in public housing or other housing that prohibits marijuana use; granting special business licenses to individuals who were directly harmed by the War on Drugs; funding industry training specifically for people with criminal records; and reframing marijuana as a medical and recreational aid, rather than a vice. The bibliography provides further reading on marijuana law and policy, local control of the District’s criminal justice system, the impacts of both on people with criminal records, and other issues discussed throughout the forum. Biographies of the discussants are also included at the end of this report. Finally, a full video of the panel can be found at: https://youtu.be/uFV6SNeuHv0. The transcript in this report has been lightly edited for length and clarity

Washington, DC: Office of the DC Auditor, 2021. 40p.

Alcohol: drinking in the street

By John Woodhouse

There is no general prohibition on drinking in the street but certain offences relating to alcohol may be committed in “public places” (this generally means “any place to which the public have access, whether on payment or otherwise” (the Licensing Act 1872 and subsequent Licensing Acts)).

Councils can use public spaces protection orders to restrict the consumption of alcohol in a public space where it is associated with anti-social behaviour. It is an offence to fail to comply with a request to stop drinking or to surrender alcohol in a controlled drinking area.

The police can disperse individuals engaged in anti-social behaviour where alcohol is a factor. It is an offence to fail to comply with a direction to leave an area.

Other offences include being drunk and disorderly in a public place and being drunk in any highway or other public place. This Briefing refers to the law in England and Wales.

Research Briefing. London: UK House of Commons, 2023. 11p.