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The Hidden Politics of Disorder

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The Hidden Politics of Disorder

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[Music]

1:04

during the pandemic there was a rise in

1:07

violent crime but by 2023 violent crime

1:10

was back near its lowest level in over

1:13

50

1:14

years but also in 2023 Gallup found 77%

1:19

of Americans believed that crime had

1:21

been

1:22

increasing can just some media but I

1:25

heard it a lot I still hear it actually

1:27

a lot in everyday life when I just talk

1:29

to people who aren't that political

1:31

about the things that are concerning

1:33

them politically people talk to me

1:36

constantly about the sense that the

1:38

place they live is less safe than it

1:40

used to be and they're mad about it this

1:43

was constant when I lived in San

1:44

Francisco the sense of San Francisco was

1:46

descending into chaos it was everywhere

1:50

I found it a lot here in New York I've

1:52

met people in New York City who are not

1:55

very political but they vote and they've

1:58

always voted for Democrats and now they

2:00

want to vote for Republicans because of

2:02

this issue alone because they feel less

2:05

safe the fundamental job of the people

2:08

we elect is to keep us safe to keep us

2:10

at least feeling safe and you can see

2:13

that nationally Democrats feel they have

2:15

a problem here in 2020 the party was

2:17

running on Criminal Justice Reform

2:20

people were talking about defunding the

2:22

police now KLA Harris talks about

2:24

herself as California's top law

2:26

enforcement official it's a very very

2:29

different appeal

2:31

and at the same time Democrats I know

2:33

and understandably are frustrated by

2:35

this I mean violent crime is down not up

2:38

why won't people look at the numbers

2:39

here why do they find themselves

2:41

politically fighting with this Phantom

2:44

it's begun to remind me of the economic

2:46

debates we had over much of the last

2:47

year on a lot of the most important data

2:50

the data we were used to using to track

2:53

the economy the economy looked really

2:54

good but people were pissed and you

2:57

could say that people were wrong or you

2:59

could try to ask ask what the data was

3:01

missing and in that case I think the

3:03

data was missing something it was

3:04

missing the affordability crisis you can

3:06

go back to that episode to hear about it

3:08

and I think there's something like that

3:10

here too I think something is missing in

3:12

the violent crime data and then Charles

3:15

feain Leman a fellow at the Manhattan

3:18

Institute who studies crime and drug

3:20

policy began publishing research and

3:23

then wrote this great piece on his

3:24

substack the substack is called the

3:25

causal fallacy which I get and I highly

3:29

recommend about exactly this question so

3:32

asked them on the show to talk about

3:33

crime about disorder about drug policy

3:36

about Vice politics and about how to put

3:39

it all together as always my email as

3:42

reclin show NY

3:45

[Music]

3:48

times.com Charles feain Leman welcome to

3:51

the show thanks for having me on so when

3:53

you look at statistics for violent

3:55

crimes right now crime is going down

3:57

Donald Trump among others on the right

3:59

say those statistics are wrong they're

4:02

flawed they're they're missing the real

4:03

story you're a right of Center crime

4:06

researcher what do you

4:08

think I think crime statistics are never

4:12

going to be perfect we have a decent

4:15

measure of the rates of Under reporting

4:17

we know that we miss something like half

4:18

of crimes or that half crimes don't get

4:21

reported to the police um that's based

4:25

on surveys of households so that itself

4:27

is an imperfect estimate but we can

4:30

reasonably say that the trends that are

4:33

showing up in the FBI's crime numbers

4:37

are real or at least they are correlated

4:40

with reality and what those numbers show

4:42

is that in 2020 there's a big spike in

4:45

homicide and a big spike in aggravated

4:48

assault and that makes sense in so far

4:50

as an aggravated assault is mostly a

4:52

proxy for shootings and shootings are

4:53

just homicides where you miss those row

4:56

sort of steadily 2020 2021 they Peak

4:59

they coming down a little bit in 2022

5:01

2023 and the early indicators is that

5:04

we're close to or at 2019 levels there's

5:08

another component which is auto theft

5:11

which is just exploded across the

5:13

country is still well elevated over 2019

5:16

and that's maybe starting to come down

5:19

but I find those numbers basically

5:20

plausible I find them plausible because

5:23

a there are something like 18,000 police

5:26

departments reporting in some capacity

5:28

to the FBI they can't all be making it

5:31

up B because it jives with what you see

5:34

in individual Municipal data and

5:37

trarily you can tell coherent stories

5:40

about what has happened in the cultural

5:42

and policy environment over the past

5:43

couple of years that makes it make sense

5:46

that you would see a spike in murders

5:47

and then they would recede so across

5:50

those three things it makes sense to me

5:53

that we're seeing a receding in crime

5:55

tell me the story that that you believe

5:58

I think it's hard to avoid noticing that

6:01

by some measures the spike in 2020 is

6:03

the biggest percentage wise on record

6:06

there are in my mind two obvious causes

6:10

cause one is the covid-19 pandemic and

6:13

in particular the restrictions imposed

6:15

associated with the covid-19 pandemic so

6:19

we shut down courts we close down

6:21

schools we reduce the number of people

6:24

out in public spaces so we reduced in

6:28

general the level of what I talk about

6:30

is social control of crime informal and

6:32

formal and so as a result you had less

6:34

certainty of consequence that's one part

6:37

of it and you do see an uptick starting

6:39

in March of 2020 in for example the

6:41

cdc's numbers for homicides but the

6:45

really big spike is in June of 2020 and

6:48

that is obviously consistent with the

6:52

protests following the murder of George

6:54

Floyd there's a great deal of

6:55

controversy around the role that defund

7:00

the police movement played in 2020 and

7:03

in the increase in violence in 2020 but

7:05

my view is that unlike when we had this

7:09

argument over the Ferguson protest what

7:12

my colleague Heather McDonald referred

7:14

to as the Ferguson effect in 2014 2015

7:18

today we have some pretty decent

7:20

research literature that says large

7:23

scale protests against the police seem

7:25

to a lead to reductions in police

7:28

officer activity B increases in serious

7:32

violent crime in particular homicide and

7:35

so in my mind a big part of the story is

7:38

the public sent the message to the cops

7:40

we want you to be doing less the police

7:43

responded a by being less proactive B by

7:46

at least in major cities leaving the

7:50

profession or departing for less crime

7:52

prone departments

7:53

altogether and as a result of that the

7:56

people who engage in the specific kinds

7:58

of crime I was was talking about which

8:00

is to say the cycle of violence that

8:02

leads to shootings and homicides were

8:05

less fettered in their behavior and so

8:08

they took it as an opportunity to take

8:10

shots at each other so that's the story

8:12

about why it went up and the story why

8:14

it went down is I think multi-art again

8:17

some part of it is just what you might

8:19

euphemistically call burnout every time

8:22

somebody gets shot there are fewer

8:24

opportunities to shoot at them so every

8:26

time somebody gets killed there are

8:27

fewer opportunities to kill them and

8:31

people who get shot are often also

8:33

themselves Shooters so there's some

8:34

degree of burnout there but it's also

8:36

the case that many cities and again

8:38

cities big cities in particular where

8:40

these problems are concentrated have

8:43

tried to reverse course on public

8:47

messaging to a limit extent policy

8:49

changes that they made in 2020 and

8:51

really try to emphasize the importance

8:52

of Public Safety here in DC where I'm

8:55

recording you can now get I think it's a

8:58

$255,000 bonus for signing on with MPD I

9:02

was just in Philadelphia where shelle

9:03

Parker was just elected mayor

9:05

essentially on a tough on crime we need

9:08

to get crime under control platform

9:10

there's been a real sea change and I

9:13

think that that sea change has begat a

9:18

substantive change in the practice of

9:20

policing the police are more active than

9:22

they were two years ago and that has had

9:25

benefits it's something you you see here

9:27

too that the Cathy hokel has has

9:29

functionally flooded the Subways in New

9:32

York with armed police officers with

9:35

with National Guard there's an almost

9:37

militarized presence there on behalf of

9:40

a Democratic governor after a former cop

9:43

now quite IM battled won the New York

9:45

mayorip I mean the veillance

9:48

ideologically of policing is really

9:50

changed I mean kamla Harris emphasizing

9:52

in interviews that she was the former

9:53

top law enforcement official is the way

9:56

she says it of California a pretty big

9:58

ideologic

10:00

shift yeah also if you look across the

10:02

country uh Karen bass in La who fed off

10:06

a tough on crime challenger but since

10:08

then has had to sort of turn towards a

10:10

more tough on crime image London breed

10:12

in San Francisco I mentioned cherl

10:14

Parker in Philadelphia you mentioned

10:16

Eric Adams there are these big City

10:18

municipal figures who

10:20

are

10:22

adopting both policy but also rhetorical

10:25

posture that says we will not put up

10:28

with crime you talk about kamla Harris

10:30

who obviously is also sort of trying to

10:33

counter an issue that is generally good

10:34

for Republicans is particularly good for

10:36

Donald Trump who say what you will has

10:38

been consistent about his views on crime

10:40

for decades but it really matters at the

10:43

local level because voters are attuned

10:45

to or highly sensitive to Crime as an

10:47

issue they do not like it when they feel

10:51

unsafe in their cities and so if you

10:53

want to do anything else as a big city

10:55

exact you have to deal with crime first

10:58

when things are good you think about

10:59

like a bill DeBlasio in New York you can

11:02

get away with sort of a reformist

11:04

tendency in so far as it doesn't impinge

11:07

on low crime but the second things get

11:11

bad people are done with that it turns

11:13

out at least that appears to be the

11:16

status quo I suspect at least since the

11:18

1990s I'm certainly today let me use a

11:21

politics of two places I I've lived in

11:24

recently to get it maybe some of the

11:26

complexity here so I lived in San

11:28

Francisco

11:29

until a year ago May and there you you

11:32

would have this bifurcated discussion

11:34

where people on on X and uh in the city

11:38

would sort of talk about San Francisco

11:40

as a kind of hellscape and then you

11:42

would have Ernest liberal leaning wonks

11:45

come in and say look like San Francisco

11:48

has a lower murder rate than than

11:50

Jacksonville Florida it is less violent

11:52

than many other big cities this idea

11:55

that San Francisco is uniquely violent

11:57

that you are unsafe here it just isn't

12:00

true like we can look at the data and

12:01

tell you that San Francisco does not

12:03

look like an an unsafe City compared to

12:06

many other cities that do not get this

12:08

kind of coverage on on Fox News I moved

12:11

to New York City and something I noticed

12:13

when I would be talking to people not

12:14

who work for the the New York Times but

12:17

people who just grew up here in in other

12:19

parts of the city and we were just

12:21

chatting and and they would find out I I

12:23

worked in journalism and and was a

12:24

political reporter and they say oh man

12:27

like I'm done voting for Democrats and

12:29

I'd say why and they're like the city is

12:31

crazy like the Subways are nuts like you

12:33

know like this whole place is out of

12:34

control and I would sort of you know

12:36

like look up the crime data and see the

12:37

same thing so there's been this strange

12:41

conversation where on the one hand there

12:44

in these blue cities where where

12:45

Democrats govern and where there's a lot

12:46

of media tension there is a genuine

12:49

feeling of unsafety a genuine feeling of

12:51

something is wrong and then you look at

12:54

the the crime data and you know it's

12:56

lower than it was in in in the ' 80s and

12:58

'90s and many cases it isn't that bad

13:00

historically it isn't that bad even

13:01

compared to other

13:03

places so you have a sort of theory

13:05

maybe for what is happening here that

13:08

that explains like the the Gap in

13:10

perception and and numbers what is it

13:12

yeah and you know I do want to emphasize

13:14

first that I think that many times those

13:17

perceptions are warranted um people are

13:21

pretty sensitive to changes in the risk

13:23

of even relatively rare events Vis crime

13:26

it shows up in lots of ways and the way

13:27

that I think about this is like people

13:29

will pay a big big premium in rent to

13:33

avoid living in a crime ridden area even

13:35

though if you go to those areas your

13:36

risk of victimization is quite low and

13:38

in many places in America people are

13:41

responding to the fact that crime is

13:43

still elevated over a baseline violent

13:45

crime Baseline that said the reality is

13:49

that when people feel unsafe in place it

13:53

is often not responsive to the kinds of

13:56

major crime that became more prevalent

13:58

in America over the past four years San

14:01

Francisco is interesting they do have a

14:03

they had a homicide spike a little bit

14:05

it is nowhere near the magnitude of

14:06

other cities what San Francisco has

14:09

though is this enormous problem with

14:12

what I would talk about as disorder

14:14

disorderly behavior and this is in fact

14:16

what San Francisco is like Infamous for

14:18

San Francisco is the city where the city

14:21

government has to issue I believe a

14:22

quarterly report on the frequency of

14:24

human feces found on the sidewalk San

14:27

Francisco has these very large open

14:29

drug markets uh San Francisco has an

14:32

uncontrolled public homelessness problem

14:34

public serious mental illness problem

14:36

San Francisco when I last looked at the

14:38

data a couple of years ago measurably

14:40

had a shoplifting problem all of these

14:42

are not what we were traditionally think

14:45

about as major offenses they're not

14:49

homicide rape robbery aggravated assault

14:52

Etc but they are much more prevalent

14:55

than those offenses you are much more

14:57

likely to be witness to them to be

14:59

victimized in association with them they

15:02

are much more therefore likely to affect

15:05

your perception what it is like to live

15:08

in the city and so I think often in the

15:10

case of San Francisco but as I have

15:12

argued increasingly in many other places

15:14

for example here in

15:16

DC where the violent crime level is

15:19

coming down there are signs that the

15:22

level of disorder is substantially

15:24

elevated I was looking yesterday at

15:27

shoplifting data reported by big cities

15:30

and there are many big cities where it's

15:31

up you know places that you'd expect

15:33

like you know New York but also places

15:35

that you wouldn't even think about like

15:36

Detroit saw a large spike in shoplifting

15:39

these sort of minor crimes that

15:41

nonetheless are pretty disorienting to

15:44

people around us um and I think that

15:46

those are part of what is driving this

15:49

perception that crime is a major issue

15:50

even as sort of more serious but less

15:53

prevalent therefore less likely to be

15:55

perceived crime comes down so this

15:57

tracks my experience it that when I

15:59

would talk to people about what they

16:00

were upset about what I would hear about

16:03

and also what I myself would experience

16:05

were mentally ill people yelling at you

16:07

and your children on the street was

16:10

public drug use was in San Francisco

16:12

feces and and and public uh your nation

16:15

were a big problem not an unknown

16:17

problem in New York either homeless

16:19

encampments are are big right everything

16:22

in the

16:23

drugstore in some areas in these cities

16:26

is behind plexiglass now right you have

16:29

to call at CVS to get you know deodorant

16:32

or razors or anything out that that

16:35

there was a a sense of of things being

16:37

out of control I think it's easy to to

16:40

think maybe this is just the the

16:41

Superstar big blue cities you've done a

16:44

bunch of work on on Chattanooga which

16:46

tell me a bit about the polling you did

16:48

there tell me a bit about the studies

16:49

you did there yeah we the Manhattan

16:51

Institute did a couple of different

16:53

pieces of work in Chattanooga one we did

16:56

a poll of Chattanooga residents I think

16:59

back in March about their perceptions of

17:01

crime and what you see in that polling

17:03

is that just like elsewhere they believe

17:05

that violent crime is a problem in their

17:07

city they're worried about it they don't

17:09

feel safe at night they don't feel safe

17:10

walking around downtown they are alarmed

17:13

by what they see around them and so what

17:17

I I took that polling and said okay

17:18

what's really happening and I spent a

17:20

lot of time with the data that the city

17:22

puts out and I talked to Cha PD other

17:25

leaders in the city and what I concluded

17:28

was that like many other cities

17:30

Chattanooga saw an increase in violence

17:34

over 2020 2021 and you know it is

17:37

important to go back to my point earlier

17:39

to acknowledge that Chattanooga did not

17:41

have a major defund the police movement

17:42

this is not a like a big Progressive

17:45

City that Fox News loves to hate on when

17:48

I I did a ride along there and I was

17:50

told you know yeah we can pull people

17:51

over yeah you know we have the capacity

17:54

to enforce against minor crimes I was

17:55

like wow you do not have the problems

17:57

that I'm used to talking to Cops about

17:59

but even there they saw an increase in

18:00

violent crime and the way that they

18:02

responded to this specific issue was to

18:06

deploy a set of strategies that are

18:09

effective for reducing violent crime

18:11

they used what we were talking about as

18:14

Focus deterrence um which is a set of

18:17

strategies that focuses on identifying

18:19

the small number of people in the

18:21

community who drive violence in that

18:23

community and either inducing them to

18:25

reduce their violence or incapacitating

18:27

them that appears to have been

18:29

successful they really did Drive

18:32

homicide NE violence levels back down to

18:33

where they were in 2019 in the most

18:35

recent data that they they got it it

18:37

worked they did what the evidence said

18:38

they should have done and they succeeded

18:40

they also though experienced like many

18:42

other cities a decline in their sworn

18:44

Staffing levels a cop that I talked to

18:46

when I was there said that they were

18:47

doing less proactive Patrol and so my

18:50

argument is that I suspect what happened

18:52

in the city is that faced with resource

18:55

constraints and dealing with a spike in

18:57

violence the police department responded

19:00

by prioritizing the most serious issues

19:02

and it worked but it came at the expense

19:05

of they were not doing traffic

19:07

enforcement they were less focused on

19:09

cleaning up the parks they also saw a

19:12

big surge in homelessness like many

19:14

other cities and so you end up in this

19:16

funny situation where they did deal with

19:17

the big problem and people still don't

19:19

feel safe and that's because they sort

19:21

of let the little problems fall to the

19:23

Wayside and the little problems got

19:25

bigger and bigger and bigger what was

19:27

your evidence that the little problems

19:28

were actually Rising yeah I look at a

19:31

couple of different indicators um I look

19:33

at minor crimes which some of them have

19:36

risen some of them have not things like

19:37

drug equipment violations I also look at

19:40

311 calls which are I think an

19:42

underutilized source of data on this

19:44

topic and they show that calls relating

19:47

to homelessness calls relating to litter

19:49

trash Etc both have risen pretty

19:51

substantially I looked at traffic

19:54

citations which is also another

19:56

underrated component of this because

19:57

when you think about you're behaving on

19:59

the road is a component of disorder how

20:02

you're treating that shared resources

20:04

related to disorder and I saw that there

20:06

had been a deine in traffic citations as

20:08

well and those are just sort of like

20:09

diffuse signals part of the problem with

20:11

thinking of disorder is like it is

20:13

doesn't get measured consistently in the

20:14

same way but I think the signals tended

20:16

to point in that direction where do you

20:18

draw the line here between thinking

20:20

about crime and thinking about

20:23

disorder many disorderly activities are

20:26

crimes not all disorderly activities are

20:28

crimes

20:29

sometimes they sort of nebulously they

20:30

could be Crim depending on how the

20:32

police officer feels at the time a city

20:35

like New York has moved away from

20:38

criminalizing disorder lead behaviors

20:40

for example I think in 2021 New York

20:43

State removed its um Ling in furtherance

20:47

of or pursuit of prostitution law uh you

20:50

can no longer be arrested for appearing

20:52

to be trying to engage in prostitution

20:54

in New York state but it's still

20:55

disorderly Behavior to stand on the

20:58

corner trying to flag down John's

21:00

there's a lot of conflict over what we

21:02

mean when we talk about disorder it gets

21:04

tied up in these sort of like thick

21:06

cultural baggage is this Behavior

21:08

disorderly is it just something that the

21:10

rich and the poor vary on or that

21:12

people's opinions vary on based on

21:14

ethnicity or race but I tend to think

21:17

that we can at least offer a cogent

21:20

definition of disorder the definition I

21:22

like to offer is that um disorder is the

21:24

domination of public space for private

21:26

purposes think about the different kinds

21:28

of dis that we talk about we might talk

21:30

about somebody defecating in public we

21:33

might talk about somebody sleeping in

21:34

public somebody playing his music too

21:36

loud on the subway somebody shooting up

21:39

somebody yelling at strangers uh

21:42

somebody engaging in prosecution or

21:44

attempting to solicit for prostitution

21:46

in

21:47

public what joins these behaviors in my

21:50

mind is that they

21:52

are private acts they are things that we

21:55

would conventionally sort of do at home

21:57

this idea that what makes disorder

22:00

alarming unique special worthy of our

22:02

attention is that there is a public

22:05

space at least in big cities there are

22:08

common spaces common resources that

22:10

everyone is expected to share equally

22:12

and often disorderly Behavior can be

22:14

identified by an individual making a

22:16

claim over that whether it is your use

22:19

of the sidewalk that is impeded by a

22:21

tent or your freedom from seeing

22:23

somebody else's private consumption

22:25

activity whether it is drugs or sex you

22:28

added uh AR wrinkled that definition

22:29

that I've not heard you you say before

22:31

which is that many of these not all are

22:35

acts we would normally do at home and

22:38

what that made me think of

22:40

immediately is that many of these acts

22:42

are done by people who don't have in the

22:45

traditional sense of the term homes

22:46

right that the unsheltered homeless

22:49

obviously huge problem in San Francisco

22:50

in in New York but but everywhere right

22:53

sort of most major cities not literally

22:55

everyone is having a a significant rise

22:57

in in unsheltered hom

22:59

lessness is the disorder problem simply

23:03

the absence of people with homes people

23:07

who don't have bathrooms right they are

23:08

now doing things in public because they

23:10

live in public you

23:13

know it is not uncommon to sort of make

23:17

exactly this argument and this is part

23:19

of the debates over disorder that

23:21

happened in the 1990s to what extent are

23:24

regulations of disorder just trying to

23:26

criminalize

23:28

statuses homelessness poverty Etc and my

23:32

response is twofold one is that we

23:34

should be able to agree that there are

23:36

lots of people who are disorderly in

23:38

public who are not homeless there are

23:40

people who are to use a podcast

23:42

appropriate term jerks who think that it

23:44

is perfectly Kosher for them to light up

23:47

on the subway or to play music in public

23:49

or to berate people that said it is

23:52

certainly the case that homeless people

23:54

are a subset a substantial subset of the

23:57

disorderly population

23:59

but there too I think that we have seen

24:00

not merely an increase in the population

24:02

of people that are homeless but also in

24:06

the degree to which people are willing

24:07

to engage feel comfortable engaging in

24:09

disorderly Behavior the sort of most

24:13

extreme examples are the frequencies of

24:15

public drug use there's a broad spectrum

24:18

of the intensity of flagrant public drug

24:20

use that you see in the United States in

24:22

certain jurisdictions in the United

24:23

States over the past four years the

24:26

intensity of public drug use has gotten

24:28

much more extreme there was a very big

24:30

difference between the homeless guy who

24:33

you know hangs out in front of your

24:35

local supermarket who is polite who is

24:37

engaging everyone knows somebody like

24:39

this who's not a problem for the

24:41

community versus the guy who is yelling

24:44

in public versus the guy who is shooting

24:46

up in public who is sleeping rough and

24:48

Unapologetic about it there is a big

24:51

space for that behavior variation even

24:53

among the population that is homeless

24:56

something I've thought about a lot is

24:58

the difference in the politics of crime

25:00

and disorder from when I lived in

25:02

Washington DC where I lived from 2005 to

25:06

2018 and then uh the Bay Area and then

25:09

New York and when I lived in DC it was

25:13

unambiguously more dangerous than

25:15

anywhere else I have ever lived the uh

25:18

homicide rate was simply much higher

25:20

someone very close to me was shot a

25:23

number of people I am also very close to

25:27

were beaten up on the streets

25:29

muggings in the pretty the early period

25:30

in which I lived there it was just like

25:31

something that would happen to your

25:32

friends when you went home from a party

25:34

right it would happen every couple of

25:35

weeks it felt like and yet the politics

25:39

of it were much less unstable deranging

25:44

for the at least the people in power

25:47

than what was happening in San Francisco

25:49

and and my explanation for that over

25:50

time was that there's something around

25:53

the politics here not just of disorder

25:55

but of Tolerance like my sense of the

25:57

the politics in DC was it people felt

25:59

like the government was trying to stop

26:01

the crime and failing because crime is a

26:03

hard problem that the government was

26:05

trying to stop the drug problem and

26:06

failing because drugs are a hard problem

26:09

and that what made the politics of this

26:11

in in San Francisco particularly very

26:12

toxic and continue to be very toxic is a

26:15

feeling the government wasn't trying to

26:16

stop it that you know clearly or people

26:18

at least thought it was in the

26:19

government's power to you know do

26:22

something like clearing out the Tender

26:23

Loin and not allowing it to be a giant

26:25

open air drug Market but they weren't

26:27

doing that and in fact they were

26:29

watching City officials walk by this on

26:32

the The Daily this has I think become a

26:33

big issue in New York where you know you

26:36

watch people jump the the Turn Style

26:38

right in front of a bunch of employees

26:39

of the subway how do you think about the

26:42

role of the government's attitude even

26:45

holding the problems

26:47

constant what I would say is that I

26:49

think that that response you are

26:51

describing in San Francisco is touching

26:55

on something real which is that it is

26:58

offensive to people's sense of Civic

27:01

fairness when they see the government

27:04

tolerating people's behaviors in certain

27:08

circumstances and particularly when

27:10

they're antisocial behaviors and not

27:12

otherwise you know the the great

27:14

objection I think people you may have

27:16

heard from people in San Francisco is

27:18

that the government of San Francisco

27:20

simultaneously was aggressive about

27:22

requiring people to wear masks in

27:24

furtherance of the public health

27:25

interest and also was actively trying to

27:31

in the name of harm reduction educate

27:33

people on how to use drugs as opposed to

27:36

explicitly condemning drug use and or

27:39

stopping people from using drugs on the

27:41

street I think that offends people's

27:43

basic sense that we all are equal

27:47

citizens of a city that part of how a

27:50

city lives and functions and breathes is

27:53

that Assumption of equality and I do

27:54

think that there is you know an

27:56

ideological component there when you

27:57

talk about how do governments think

27:59

about tolerance particularly over the

28:03

past five years but really waxing and

28:06

waning in American Civic life which says

28:10

these problems the problem of drug

28:12

addiction the problem of homelessness

28:14

the problem of dysfunctional Behavior s

28:16

mental illness are intractable and in

28:20

fact it is wrong to try to change them

28:22

that it infringes upon the rights of the

28:25

individual to try to do something about

28:26

this that the best we can possibly hope

28:28

to do for people who are living

28:30

profoundly dysfunctional lives is sort

28:33

of make them comfortable and hope that

28:35

they will choose to change on their own

28:37

I think about this in the serious mental

28:39

illness context through the work of

28:41

sociologist Neil gang who has compare

28:44

the treatment of in Los Angeles

28:46

seriously mentally ill rich people and

28:48

poor people he finds that when you on

28:53

the Public's responsibility and

28:54

seriously mentally ill in Los Angeles

28:56

you're treated with an attitude of

28:59

Toleration that they will do what they

29:01

need to stabilize you but they won't

29:03

ever try to compel you to do anything

29:04

even suggest that you do anything you

29:06

don't want to do was what the rich do is

29:09

that they uh they sign themselves up to

29:11

be coerced if your kid is seriously

29:13

mentally ill and you have the money for

29:15

it you will put him in a very

29:16

restrictive environment because that's

29:17

what's conduced to his health so I think

29:20

that you know that kind

29:22

of Tolerance which is in my mind a kind

29:25

of pessimism about the capacity of

29:28

government to address these problems

29:30

combined with a kind of civil

29:31

libertarianism had a moment over the

29:34

past 5 years and is a constant in

29:36

American life that is likely to come

29:38

back correct me if I'm wrong G gong he

29:41

he did the work on tolerated containment

29:44

or something like that yeah yeah I I

29:45

always thought this was interesting so

29:46

as I understand his theory and I've not

29:48

read that much of it directly but I

29:49

think I read a paper by him it's that

29:52

you have an approach in many of these

29:54

cities and you really saw this in in San

29:56

Francisco I mean the tenderloin is just

29:58

a a Zone where huge amounts of what are

30:01

by any measure crimes are allowed but

30:05

you can't do that in pack Heights you

30:07

can't do that in noi Valley people live

30:09

in the tenderloin it's actually the the

30:11

part of San Francisco with the I don't

30:15

remember if it's the highest or just an

30:16

unusually high number of children living

30:18

in it per capita and you see this in a

30:21

lot of places right skid in Los Angeles

30:23

but what you do in skidrow you cannot do

30:25

in Beverly Hills or at least in most

30:27

parts of Beverly Hills

30:28

and so there's this way in which one of

30:30

the things that emerged is that you

30:33

would sort of concentrate all this

30:35

disorder in places where the people had

30:37

less political power to do anything

30:38

about it and in doing you would sort of

30:40

move it out of the Richer areas where

30:42

they would complain and and vote you out

30:44

of

30:45

office yeah and you do see this in a lot

30:48

of places I think about a couple of

30:50

years ago New York city became the first

30:53

city in the United States to open what

30:56

is variously called a supervised

30:57

consumption site you're an overd

30:58

prevention site over prevention center

31:01

choose your acronym which is a place

31:03

where people can go and consume drugs

31:04

under the supervision of people with

31:08

Naran some of whom have medical training

31:10

and one of the interesting things that

31:12

has happened is the community responses

31:14

group called the greater Harlem

31:15

Coalition with whom I've worked some and

31:19

their response to the OPC to the

31:21

supervised consumption site was not

31:23

actually sort of shock and horror at the

31:26

fact that this thing exists

31:28

but rather to say if you come to our

31:30

neighborhood uh if you get off the train

31:32

at Harlem 125th Street you have to walk

31:34

a couple of blocks and you're there if

31:36

you come to a neighborhood this is

31:37

already the site of Super saturation of

31:40

these services and you know I think that

31:42

that creates a great deal of community

31:45

ranker these are usually poor

31:48

predominantly black or brown communities

31:50

if you go look at Kensington and

31:52

Philadelphia most people are on the

31:54

street in Kensington I found from my

31:55

recent trip are white people from the

31:57

surrounding area but most of people

31:59

actually live in Kensington are recent

32:01

immigrants who just need somewhere to

32:03

work until to live while they are

32:04

working to sort of build themselves up

32:07

you know I think these kind of

32:08

concentrated areas of dysfunction are

32:10

seen as Solutions like there's this

32:13

thing in the wire Hamsterdam that is the

32:16

pivotal example of this it's like the

32:17

police's strategy is that you'll be

32:19

allowed to sell drugs here and we'll

32:20

concentrate the problems they think that

32:22

this will be a solution to the problems

32:23

of the rest of the city but actually

32:25

what you end up doing in my experience

32:28

is you create concentrated dysfunction

32:31

and so you get economies of scale of

32:34

dysfunction that having a couple of guys

32:37

doing drugs in a place is not great but

32:40

having a hundred guys doing drugs in a

32:42

place is how you get a drug market and a

32:43

drug Market is way more efficient a drug

32:45

Market is providing a greater variety of

32:49

services a drug Market is a magnet and

32:51

the magnet draws more people in the

32:53

place that I've been that I've seen this

32:54

most acutely is the downtown east side

32:57

in in Vancouver in British Columbia

32:59

which is the sort of skidrow of

33:02

Vancouver and the downtown east side is

33:05

has the highest concentration I suspect

33:07

the highest concentration of harm

33:09

reduction drug treatment services

33:10

certainly in North America possibly on

33:12

Earth it is actually the worst place I

33:14

ever been in my entire life it is just

33:16

blocks and blocks and blocks of people

33:17

shooting up selling drugs buying drugs

33:20

when you talk to people who are

33:22

suffering the illness there many of them

33:23

are coming from the surrounding area it

33:25

is a place of profound dysfunction and

33:28

it is more dysfunctional because it is

33:30

concentrated so it's not just bad for

33:31

the people who live there it is also bad

33:33

for the people that is allegedly meant

33:34

to benefit because of the way in which

33:37

it concentrates and therefore reinforces

33:39

their problems

33:41

[Music]

33:57

[Music]

34:02

so this out gets us to maybe the

34:04

borderline between disorder and and

34:06

crime but we've been talking about both

34:09

things happening in blue cities and and

34:11

to some degree ideological Trends among

34:14

liberals but there's change here on the

34:16

right too in an interesting way so you

34:19

you've talked about Vice Politics the

34:21

policies around things like uh cannabis

34:24

around gambling I don't think other

34:26

people might put it here but for for

34:27

reasons I I think I would have some

34:29

trouble explaining but I'm pretty sure

34:30

is right I think the Embrace of quite

34:33

unregulated crypto markets has a

34:35

attending this it's I think it's quite

34:37

adjacent to gambling um and when you

34:39

look at Trump and the Republicans ran

34:41

out you see a lot of this Trump City

34:44

backed a weed legalization proposal in

34:46

in Florida you have Republican lawmakers

34:48

floating proposals to legalize gambling

34:51

the sort of crypto deregulation is quite

34:53

big on on the right how do you see the

34:56

the changing relationship ship between

34:59

the right and not disorder because they

35:02

talk like they don't like disorder but I

35:04

think what you what you define is vice

35:06

which seems to be quite adjacent to

35:08

disorder there is in the very long run

35:10

waxing and waning in the degree to which

35:12

we are tolerant of addictive harmful

35:17

substances or behaviors we gambling is a

35:19

behavior that is plausibly described as

35:21

addictive that we go through periods of

35:25

familiarity and then rejection and then

35:28

hostility and then curiosity and then

35:31

familiarity and this is really the Arc

35:33

of the history of drug use in American

35:35

society over the past 150

35:37

years that today there are a host

35:43

of different vices that we are shifting

35:46

towards Embrace of in part coming out of

35:48

a period of hostility I think we are

35:51

experimenting a lot more you've talked

35:53

about psychedelics I think psychedelics

35:54

fit oddly into this we can get into them

35:56

if you'd like porn graphy which is

35:58

almost the one that we don't talk about

35:59

at all even though everybody's high

36:00

schooler is exposed to it all the time

36:03

there's been some great reporting on

36:04

that something like 17 million Americans

36:07

are now daily or new daily marijuana

36:09

smokers a substantial fraction of young

36:12

adults are gambling on a regular basis I

36:14

and the ones who gamble most

36:16

compulsively are young men you can

36:19

almost tell a story about a type here of

36:21

people who are consuming a wide variety

36:23

of legal or dubiously legal vicious

36:25

substances who are unattached who are

36:27

socially dysfunctional those people it

36:29

turns out might actually be swing voters

36:32

to get back to your question those are

36:34

people who see something that they like

36:36

in Donald Trump who also see something

36:39

that they like in the Democratic party

36:40

which has at least in recent years been

36:43

the more Vice tolerant party and so I

36:46

think that a move like Trump's to sort

36:48

of publicly Embrace marijuana

36:50

legalization in certain form reflects a

36:52

recognition that there is a large part

36:54

of the electorate who are iner to these

36:57

substances and who are in play you can

37:00

talk about sort of why Trump has gone

37:03

for that I think that reflects broader

37:05

changes in sort of the Republican

37:07

ideology under him versus 30 years ago

37:10

but but I do think at root what it is is

37:12

this change at the social level that

37:14

Vice is much more common much more

37:16

widely available I think you're also

37:18

looking at voters who are not just maybe

37:21

swing voters but voters in transition so

37:24

something that is happening

37:25

compositionally to the parties that I

37:26

think is important here is Suburban

37:30

women are becoming very very very

37:33

important to have Democrats win

37:35

elections and in a way I think kamla

37:37

Harris really represents that block

37:40

right she is on the one hand quite

37:42

concerned about crime and Order and

37:46

safety a former prosecutor and also very

37:49

concerned about equity and that things

37:52

aren't being done unfairly right so

37:54

there's a tension there between how do

37:57

you make a community feel safe and how

37:59

do you make a community uh and the

38:01

policing of it actually

38:03

non-racist and then on the other hand

38:04

you have young men moving quite sharply

38:07

into the Republican Coalition uh young

38:10

men of all Races particularly non-

38:12

College young men and those are the

38:15

people who as you were saying a second

38:17

ago in their lives cannabis is

38:20

significant Sports gambling and maybe

38:22

crypto are significant uh pornography is

38:25

significant now they don't like crime

38:28

and they like a a sort of tougher

38:32

presentation but they want the things

38:34

they do to be legal and they do not want

38:36

to be hassled by the police or anybody

38:38

else about

38:40

them yeah I think that that is right I

38:44

do want to emphasize that the social

38:46

change that we are talking about the

38:48

emergence of this population is itself

38:50

Downstream of if not Democratic per se

38:54

priorities than liberalizing priorities

38:57

um Joe Biden is like a pretty old school

39:00

Democrat on this stuff he's

39:01

conspicuously the only 2020 primary

39:05

Democrat who refused to say he would

39:07

legalize marijuana but he is a dying

39:09

breed in the party it is not an accident

39:12

that the drug policy Alliance went to

39:14

deep blue Oregon to try to decriminalize

39:16

drugs so I think it is right that there

39:19

is this sort of

39:21

emerging predictably emerging population

39:25

who are personally politically pretty

39:28

apathetic and so happen to be a up for

39:32

grabs and who the Republican Coalition

39:35

are less worried about getting the votes

39:36

of but their existence and their growth

39:40

is Downstream of again if not purely

39:44

Democratic politics than liberalizing

39:47

policies that have been Advanced by

39:49

groups that are very much of a kind with

39:53

those groups that have argued that the

39:55

criminalization of public drug use is

39:57

unfair unjust and racist so you know I

40:00

think that that aspect is really very

40:01

important as well let's talk about the

40:04

decriminalization and criminalization of

40:06

drug use and and this I think does move

40:08

us into the Zone where sometimes we're

40:10

talking about disorder and sometimes

40:11

we're talking about something much much

40:12

worse you know as somebody who was

40:15

pretty optimistic about that and about

40:18

drug decriminalization generally and I

40:22

did an episode with Keith humph about

40:23

this I think it is working out very very

40:26

poorly but I am less worried about that

40:29

than I am about something else which

40:31

you've written about which is the the

40:32

changing shape of the drug problem at

40:37

its most lethal and you did this piece

40:41

uh some time ago for National Affairs

40:42

which is a a journal and you you wrote

40:45

then that the sort of problem we're

40:47

really facing in drugs has changed that

40:49

for most of um the the Arc of how we've

40:52

thought about drugs we've worried about

40:53

addiction and now at a rate we've never

40:56

before really had to apprehend we

40:59

worried about death can you talk through

41:02

that change you're describing yeah

41:04

absolutely and I will argue in a second

41:06

that this is in fact also a dynamic that

41:09

is relevant in the legal or semi-legal

41:12

Marketplace but there have been a lot of

41:15

headlines about the decline in the

41:16

overdose death rate in the past year

41:19

that's something to be celebrated I'm

41:20

happy about that we can talk about why

41:22

that happened I think it's less great

41:24

than people think but the reality is

41:27

still that something like 100,000 people

41:30

are dying every single year from drug

41:31

over their death in the United States

41:33

that is a remarkable SE change the

41:35

statistic that I like to use is that in

41:37

the mid to late 1980s at the peak of the

41:40

crack cocaine crisis about three in

41:43

every 100,000 Americans died from drug

41:45

overdose in I think it's 2021 2022 the

41:49

figure was 33 per 100,000 so that's a

41:53

more than 10-fold increase um in the

41:57

1980s 1990s 1970s even going back to the

42:00

Heron crisis 1960s the primary problem

42:03

was the health effects of drugs drugs

42:05

were simply not that likely to kill you

42:07

today drugs can kill you and that is

42:10

because the drug supply has become much

42:12

more potent that represents in my view a

42:14

technological change people have heard a

42:16

lot about the synthetic opioid fentanyl

42:19

fentanyl is like not a new substance um

42:22

if anyone who has listening to this

42:23

podcast has had an epidural they have

42:25

probably been administered fenal

42:27

we've known how to make it since the

42:29

early 1960s fentanyl though is a

42:32

synthetic drug which is means that it is

42:34

made from simple ingredients in a lab

42:37

you don't have to go in a field you have

42:38

to Holden to the growing season you

42:41

don't have to worry about spy planes the

42:43

precursor chemicals are incredibly cheap

42:45

you can Source them online no questions

42:47

asked and so it was a superior product

42:51

on many dimensions that at some point in

42:54

the past 10 years drug trafficking

42:56

organizations in the America figured out

42:58

how to synthesize um in large quantities

43:00

and how to move in large quantities and

43:02

so the exponential increase in deaths is

43:04

down of a the spread of fentanyl into

43:08

the drug Supply and B another synthetic

43:10

drug that is under discussed here which

43:11

is methamphetamine also spreading into

43:13

the drug Supply the common factor being

43:16

a

43:17

transition from organic methods of drug

43:20

production to much more efficient much

43:22

more effective synthetic methods of drug

43:24

production what we are up against in the

43:26

current drug crisis Isis is a

43:28

technological change and I think that's

43:31

true across the spectrum of Isis that

43:33

you can understand Sports gambling on

43:35

the phone as a technological improvement

43:38

over Sports gambling in the casino that

43:40

the high potency marijuana that is

43:42

causing so many of the problems with

43:44

legalization is something that has been

43:46

made possible by increasing efficiency

43:50

in the legal marijuana Market

43:52

facilitated by legalization that let big

43:56

marijuana growers can just grow better

43:58

pot more potent more high THC pot and so

44:00

I think across the spectrum of vices of

44:04

drugs that we use but also non-drug

44:06

viices we are seeing much more potent

44:09

forms facilitated by modern technology

44:12

and that's the problem that we're

44:13

dealing with I'm interested in this I

44:15

think this is a really fascinating way

44:16

of framing it because I've I've heard

44:17

this and thought about this with things

44:19

like fentanyl I mean you said a second

44:21

ago that these gangs and traffickers

44:22

have figured out how to use it in how to

44:24

move it in large quantities in the

44:26

Americas

44:27

but the thing about it is it compared to

44:31

other things that came before it you

44:33

don't need to move it in large

44:35

quantities that the amount of heroin you

44:37

needed to addict a city and the amount

44:40

of fentanyl you need to addict a city at

44:42

the same

44:43

level is what it's like a hundredth of

44:46

the amount yeah there are estimates that

44:49

say the total fentanyl consumption in

44:51

the United States is sub 10 tons right

44:54

you can move it in a couple of trucks so

44:57

so that is terrifying and and it's part

44:58

of I think in a way that people don't

45:00

always recognize why it's quite hard to

45:02

crack down on the trafficking it's just

45:03

easier to traffic baggies trafficking

45:05

marijuana is not that easy it's a lot of

45:08

garbage bags of marijuana to keep a lot

45:11

of people um supplied but I'm interested

45:13

in in the way you draw that out right I

45:16

I take your point that Sports gambling

45:17

on the phone is more efficient than

45:18

Sports gambling in the casino porography

45:21

obviously has gotten a lot better and

45:22

more accessible from when you had to

45:24

like rent a VHS tape or or go to a

45:26

theater and and sit in a little booth

45:29

you know and there are things that we

45:30

don't I think think of as viic at this

45:32

level but actually do concern me the

45:35

immersive quality of massive online

45:38

video games and the amount of time

45:40

people could spend on them has just made

45:42

them a very different kind of product

45:43

than when I was jamming on Mario

45:46

Brothers 3 on a Super

45:48

Nintendo there is these categories of

45:51

things ranging from illegal to

45:53

semi-legal to totally legal that as they

45:55

get better and better and better and

45:57

better and more concentrated and more

45:59

portable and more always

46:01

available that I don't think we know

46:03

what to do about them and also they

46:05

develop constituencies that that can

46:07

defend them under perfectly reasonable

46:09

arguments like I like playing video

46:11

games or you know ketamine is good for

46:14

my anxiety and I'm not wildly addicted

46:18

to it and so why should I not be able to

46:21

get it I mean I I actually find these

46:23

issues very very hard because for a lot

46:25

of people these things are part of a

46:27

good life not a negative life and then

46:29

there are people for whom they're

46:31

somewhere between life impairing and all

46:33

the way up to life

46:35

destroying yeah I think that that is

46:38

correct and that's the central challenge

46:40

of drugs and of viic more generally that

46:43

the best argument for drugs being widely

46:46

available are twofold one is that people

46:49

like doing drugs they're fun and the

46:51

other one is that we should leave people

46:52

the heck alone and I think those are

46:53

both like fairly strong arguments in the

46:56

American liberal tradition I think like

46:57

it is not an unreasonable position to

47:00

take and the best way to respond to them

47:02

in mind is to say look even though your

47:07

eye can plausibly use alcohol or

47:10

marijuana or Methamphetamine or heroin

47:12

or Sports gambling safely there are

47:15

people who cannot in any given

47:17

population of users the risks of harm

47:21

are not evenly distributed and that's

47:23

true for marijuana that's true for

47:25

alcohol that true for as terms of heroin

47:28

the sort of best estimates are only

47:30

about 30% of first-time heroin users are

47:33

going to proceed to addiction I would

47:34

not encourage any of your listeners to

47:36

try heroin on this basis but that's sort

47:37

of the estimate the point being that

47:39

it's a probabilistic thing and there are

47:41

real benefits to the consumption of

47:44

these substances and the little benefit

47:47

that I get out of use of those

47:49

substances and we can talk about what

47:51

the regulation should look like the

47:52

little benefit that I get out of the use

47:53

of substance is not necessarily worth

47:56

the enormous cost to my fellow citizen I

47:59

can frame that argument in other ways

48:01

you know I can say that the state has a

48:03

legitimate interest in a certain degree

48:05

of if not abstinence then sobriety that

48:08

addiction impairs our ability to be

48:11

functioning citizens in a way that the

48:12

state is legitimate interest in for

48:14

stalling but I do think at at root

48:16

you're right that there is a tradeoff

48:18

and the only real way in my mind to get

48:20

around that tradeoff to say yeah it has

48:22

to be worth it at least for some

48:24

substances at least some of the time I

48:27

find myself more and more confused in

48:30

this discussion than I feel I've been in

48:31

the past but but let me sort of try to

48:33

press on points of it that I'm

48:35

struggling with so let's cut off for a

48:38

minute the most lethal segment of the

48:41

market right the opioids

48:45

methamphetamine when you talk about many

48:46

of these other things some of them are

48:48

fun and some of them are more meaningful

48:50

to people than that on the one hand the

48:53

the point you're making that both the

48:56

profits of lot of this and the

48:58

harms concentrate on a subfraction of

49:02

the population I've had a lot of people

49:04

I love have very serious alcohol use

49:07

disorder and whatever is happening in

49:09

their brain when they drink is not

49:11

happening in mine this is not virtue

49:14

there's something not happening in my

49:15

brain that is happening in their brain

49:17

and so the costs are falling on them and

49:19

and I've watched those costs fall with

49:21

Incredible

49:22

force and then some of these other

49:24

things right you you mentioned

49:25

psychedelics earlier

49:27

they can be fun and they can also be

49:29

incredibly profound and mystical and

49:32

people have experiences on them that

49:35

that are some of the most you know we

49:36

know from survey data meaningful of

49:38

their life or you know I both know

49:40

people for whom ketamine is fun and I

49:42

know people for whom ketamine is a

49:45

stabilizing

49:47

force or as much as I'm sort of down on

49:49

crypto I understand that a lot of people

49:52

in there are in there for an ideological

49:55

and hopeful View that they're building

49:57

something that can become a very

49:59

important technological layer of the

50:00

future and so sure right now what you're

50:02

looking at is functionally a currency

50:04

gambling market and a volatile asset

50:06

Market but a lot of things begin you

50:09

know as the famous the line goes as toys

50:11

and later become utilities and these

50:13

people see themselves as building the

50:15

the future alcohol helps people dance

50:18

and enjoy each other parties right it's

50:19

not just fun it does build

50:21

community and I don't really know how to

50:24

weigh all this I I think just kind of

50:26

saying well it's fun puts it in in a box

50:29

for yeah I mean if it's just fun who

50:31

cares but these things become

50:33

significant parts of people's life um

50:36

some things we're talking about strike

50:37

me as much better for people than

50:38

alcohol frankly i''d be much more uh

50:40

comfortable with there being widespread

50:42

access to products with psilocybin in it

50:46

that than alcohol one of my hopes with

50:47

cannabis legalization was that you would

50:49

see a substitution away from alcohol

50:51

we've not seen that at all we've just

50:53

seen a huge rise in in Daily cannabis

50:55

use I don't know how to balance all all

50:59

that but what does strike me is we are

51:01

very inconsistent about it right and I

51:05

think that is the core of the issue and

51:07

there's something very American about

51:09

that that we are very All or Nothing in

51:13

part because we are

51:15

a

51:17

Libertarian culture and I don't mean

51:19

that as sort of a political thing I mean

51:20

that in America we are much more

51:22

concerned with individual liberty have

51:23

been for 200 years it's part of what

51:25

makes America my view the greatest

51:27

nation on Earth but it also has produces

51:30

challenges particularly in this space

51:34

and when you talk about sort of that

51:36

moderation that sort of space between I

51:40

think that is the thing that we struggle

51:42

with

51:43

conceptually I'll talk about for example

51:47

you talked about psychedelics in my mind

51:50

I am persuaded by the research evidence

51:53

the clinical evidence that psychedelics

51:55

are efficacious for variety of

51:57

indications I think they're good for

51:58

that I would like to see more people

52:00

have access to cocy in in a medically

52:03

appropriate environment I'm also

52:04

persuaded by the evidence from the same

52:05

studies that says cybin and other

52:09

psychic drugs are quite dangerous that

52:12

they can do real and Lasting harmed

52:14

people particularly people who have

52:16

prior serious mental illness but I think

52:18

that from a policy perspective what you

52:21

always want to be aiming for is

52:23

somewhere the middle um Mark kimman the

52:27

public policy scholar has this concept

52:29

of what he talks about is grudging

52:30

Toleration he observes this for drugs

52:33

like cigarettes and alcohol drugs that

52:35

were not going to prohibit and he

52:37

extends this back in the 1990s to

52:38

marijuana I think it still makes sense

52:39

today to say look the fact that these

52:42

drugs are legal does not mean that we

52:44

should not regulate them and does not

52:46

mean that we should not

52:48

be keep a certain degree of social

52:50

approbation upon them when you think

52:53

about cigarettes as I think a great

52:54

example where we have come to a Point as

52:56

a country where cigarette smoking is

52:58

actually deeply stigmatized and I tend

53:00

to think that's good because cigarettes

53:02

were quite bad um they are aggressively

53:04

taxed they are far more regulated that

53:06

took a really long time to get to

53:08

because in large part of the sort of

53:11

core libertarian arguments so I think

53:12

that it is telling to go back to this

53:14

American Paradigm that we cannot talk

53:17

about psychedelics in this sort of

53:20

medical middle of the road instead we

53:22

are in Colorado Oregon potentially in

53:26

Mass Metts this November simply going to

53:28

create low regulation gray markets or

53:32

white markets in these substances that's

53:35

not the middle of the road that's a very

53:36

libertarian attitude you know I

53:38

recognize that there are real benefits

53:40

to consumption of these substances I

53:41

think that the harms tend to fall

53:43

disproportionately

53:45

on the least of us on the most

53:47

disadvantaged of us on those who are

53:49

already suffering from serious mental

53:50

illness and so what you want to do is

53:54

try to find that middle ground

53:55

regulatory morally not always but I

53:59

think that we really struggle to find

54:01

that middle ground As Americans this is

54:03

not a problem that many European nations

54:05

have they're actually many European

54:06

nations are quite good at navigating

54:08

this middle ground but we culturally

54:10

struggle with it we don't know how to go

54:12

for anything but pure prohibition versus

54:15

pure legalization yeah and I guess I

54:17

would add some other things that have

54:19

made me more pessimistic here than I

54:20

used to be so you're saying that we're

54:22

quite libertarian Nation I I would say

54:25

in a way we the thing that worries me

54:27

more is that we're quite capitalistic

54:29

nation and what worries me about

54:32

cannabis the way it has gone and I was

54:35

close with Mark kimman we were friends

54:36

he was a fellow blogger I was at UCLA

54:39

when he was there right he's like a

54:40

revered um policy mind to me and and his

54:42

loss continues to Echo everything he

54:46

feared basically came to pass we I used

54:48

to talk to him about marijuana

54:49

legalization back when when that hadn't

54:51

quite happened yet and he would tell me

54:53

like the thing you have to be afraid of

54:54

is commercialization the thing you have

54:56

to try to figure out how to do is not

54:58

let this get commercialized because once

55:00

the uh Genius of American capitalism

55:02

gets to it it's going to become so much

55:04

more potent it's going to be marketed in

55:06

in all these crazy ways and you sees

55:08

with everything um you know Vapes emerge

55:12

and the the sort of early round of

55:14

thinking about them is hey maybe this is

55:16

a great harm reduction strategy for

55:17

people addicted to cigarettes and now

55:20

you get them in caught in candy flavors

55:22

you know it's like blue Sparkleberry and

55:25

they have little like you know stars

55:27

that light up when you smoke them

55:29

they've made them into a toy right they

55:32

you cannot invent a smoking device that

55:35

is more targeted towards children than a

55:38

cotton candy thing that lights up with

55:40

little stars when you smoke it it's

55:42

unbelievable to watch when I walk into

55:45

um a cannabis shop and and I love

55:47

getting a a package of Caminos and you

55:49

know I'm not a heavy cannabis user but

55:52

but I do sometimes um but you can walk

55:55

into that and and you see the pod of

55:56

what's being offered and we don't really

55:59

understand what products of of this kind

56:02

of THC potency do to people and so as

56:05

somebody who actually does not just want

56:07

to see psychedelics made available for

56:10

medical use is not just excited about

56:12

them as a major depression treatment but

56:14

but actually thinks they are a thing

56:16

that can be a really powerful part of

56:18

people's lives including well

56:21

people when I look at what has happened

56:23

with cannabis and I think about our

56:25

inability to regulate the things

56:26

effectively and what happens when these

56:29

companies that have been Venture funded

56:31

to the tunes of tens or hundreds of

56:32

millions of dollars and are trying to

56:34

file patents left and right and are

56:36

going to try to commercialize and market

56:39

and and alter the subsides in every way

56:41

they possibly can to get a market

56:43

advantage that terrifies me you have a

56:46

piece about how you changed your mind on

56:48

on cannabis legalization I thought it

56:49

makes an interesting point which is that

56:52

we thought and this was the argument

56:54

everybody was making we'd be able to

56:55

regulate it and we've not been able to

56:58

and part of the reason is that

56:59

particularly when there's already a

57:01

powerful elicit Market if you come into

57:03

something and you regulate it and so you

57:05

make the regulated price much higher and

57:08

you make the regulated thing harder to

57:09

get then the elicent market just takes

57:11

over but has a lot more Supply and has a

57:14

lot more access and there's going to be

57:15

less interest in cracking down on it um

57:17

you've seen that in in New York where

57:19

they are starting to do some crackdowns

57:20

but there's a huge number of illegal

57:22

shops that we just don't seem to have

57:25

the capability or at least have not yet

57:27

yet shown it of being in these in these

57:30

middle places where you can actually

57:31

regulate the thing and control the

57:33

market because controlling the market

57:34

would then require a huge amount of

57:36

enforcement on something you just tried

57:39

to make semi-legal and nobody really

57:41

wants to do that right and to remind

57:44

your listeners I work for a conservative

57:46

think tank I'm clearly conservative on a

57:47

number of issues and I would say I am in

57:49

many regards an unrepentant capitalist I

57:51

think capitalism is a fantastic system

57:53

it's the best system we've created it's

57:54

lift billions of people out of poverty

57:56

yeah yeah yeah man we know yeah yeah we

57:58

love those things but here comes the

58:01

butt the point about drugs I think is an

58:05

important one that you know the the way

58:06

that capitalism works is it aligns the

58:08

interest of the buyer and the seller and

58:09

that is good in so far as what is in the

58:11

interest of the buyer or the seller is

58:13

good for them in the case of addictive

58:15

harmful substances what is in the

58:16

interest of the buyer is not necessarily

58:19

to continue to consume the product even

58:21

if the seller is willing to sell it to

58:22

him but I think that you

58:25

are fighting Upstream against that basic

58:29

dynamic in legal markets that the

58:33

dynamic that you were talking about a

58:34

second ago that we have seen in the

58:36

marijuana Marketplace is one in which

58:39

where there are attempts however anemic

58:41

to regulate marijuana people substitute

58:45

into the illicit Marketplace quite

58:48

comfortably the thing that needs to be

58:50

done to reduce the scale of the elicit

58:52

Marketplace moreover is politically

58:55

deeply unpopular IE do enforcement

58:57

arguably more enforcement than is

59:00

necessary under prohibition because

59:03

prohibition simply issuing the statement

59:05

that such and such substance is legal

59:07

does a lot of work for you it for cluses

59:10

access to credit it makes it hard to

59:12

engage at the rest of the market Etc

59:15

that was a succinct version but I think

59:17

this Dynamic it's not just a cultural

59:20

thing there are also structural Dynamics

59:22

structural reasons that it is hard to

59:24

control markets and vice the argument

59:26

that I make in that piece that you

59:27

allude to is that part of the case for

59:29

prohibiting something like marijuana is

59:30

just that prohibition is dumb and dumb

59:33

stuff works that once you start

59:35

regulating stuff it's a real uphill

59:37

battle to avoid regulatory capture to

59:41

make the regulation exactly what you

59:43

need to work well it took us decades to

59:48

make cigarette regulation kind of work

59:51

and by the way cigarettes still kill

59:52

hundreds of thousands of people a year

59:55

so it's not like we've done that well

59:57

the same thing is true of alcohol where

60:01

there are more alcohol involved deaths

60:03

every year than there are all illicit

60:05

drugs combined and we regulate alcohol

60:08

and it took us a long time to do that

60:09

too and so when you talk about marijuana

60:12

you talk about psychedelics I think you

60:13

should be alarmed by scrolling on

60:15

Instagram and seeing an advertisement

60:17

for a camine clinic or at home camine

60:19

use uh I think this death of Matthew

60:21

Perry yeah I think the death of Matthew

60:22

Perry really has shaped that discourse

60:24

is working people up to the fact that

60:26

even in that space there's a difference

60:28

between people using their friends in

60:30

the backyard and set and setting and all

60:32

of that and what happens when somebody

60:36

is selling it to you on social media I

60:39

think that is an inescapable part well

60:41

the the Matthew Perry thing was not a

60:42

social media sales situation but I I I

60:45

take your point this is maybe a place to

60:46

bring in that other class I cut out

60:48

before which is the the drugs that cause

60:50

in very high numbers death so these

60:52

synthetic opioids um increasingly

60:55

methamphetamin means and here too I find

60:58

myself very confused on on what to do

61:02

because presumably people don't want to

61:05

die and so one argument for a long time

61:08

has been that you know if you give

61:09

people a safer Supply right they're not

61:11

getting things they don't understand

61:12

that they don't know how to dose because

61:14

the quantity of fentanyl is unknown in

61:16

it but on the other hand you know I

61:19

think our experiences if you make things

61:20

more accessible more people are going to

61:23

access them how do you think about about

61:26

this has become a big obviously Topic in

61:28

the presidential campaign but for all

61:30

the people talk in the campaign about

61:31

fentanyl I've not seen really frankly

61:34

either campaign release a policy that

61:37

seems to me to be appropriate to the

61:38

scale of the problem or represent any

61:41

new thinking in a real way about the

61:43

problem yes and I think that's been true

61:45

for a long time that everyone is willing

61:48

to see the drug crisis as proving their

61:52

assumptions and nobody's willing to see

61:53

it as the problem that it is because

61:55

that's much harder um that's a criticism

61:57

I have across the board you know I think

61:59

there is and you've alluded to a sort of

62:01

set of policy prescriptions that to

62:04

their credit try to take on this issue

62:07

of deaths headon these are what sort of

62:09

get broadly lumped under the category of

62:11

harm reduction I do not think those

62:14

interventions where tried have been

62:17

borne out the illustrative example is

62:20

that Canada has in fact implemented

62:23

safer Supply British Columbia has supp

62:26

programs in addition to a whole host of

62:27

harm reduction programs in addition to

62:29

supervised consumption sites needle

62:31

distribution Naran distribution you name

62:33

it they've got it and they also have

62:35

Skyhigh overdose death rates when you

62:37

talk about something like giving people

62:39

access to safer drugs it's that probably

62:42

works in what do you talk as a high

62:43

barrier context um if you put people on

62:47

what's called heroin assisted treatment

62:48

when you give people dial morphine in a

62:50

clinic they do somewhat better their

62:52

risk of ERS goes down somewhat if you

62:55

make that program too big though people

62:58

start moving product on the street they

63:00

start taking the dietal morphine from

63:02

the government and selling it to other

63:04

people and using the money to score

63:05

heroin that is cheaper it's a little bit

63:08

like dealing with a public option in

63:10

drugs and that has all of the effects of

63:12

a public option on the price and

63:14

availability of drugs but it doesn't

63:15

really do much to change the underlying

63:17

drug using Behavior because the problem

63:19

is in actually knowledge it's that

63:21

people are addicted to deadly substances

63:24

and they will keep using those deadly

63:26

substances so you've talked about the

63:28

the Oregon law and decriminalization

63:30

there and I think it's widely seen to be

63:32

a failure but there was a a study in

63:34

September that was published by the

63:35

American Medical association's online

63:37

journal and researchers tried to

63:40

disentangle the spike in in overdose

63:42

deaths and the the sort of coming of

63:45

fentanyl into Oregon I think you among

63:47

others have noted that fentanyl has this

63:49

weird thing where it's been moving east

63:50

to west in the country and they said

63:53

that drug liberalization was actually

63:56

better than people think but that that

63:58

was sort of wiped out at least in the

64:00

data by the rise of fentanyl did you see

64:03

that study and what did you think of it

64:05

yeah I'm going to give you the nerdy

64:07

answer and then I'm going to give you

64:08

the big picture answer and I I I know

64:09

the study that you were talking about

64:12

this is the study that says the the

64:13

result is confounded by the spread of

64:15

feny right yes yeah I know the study

64:17

that you're talking about I actually

64:18

know several the guys who wrote it and I

64:19

like them but I think they're missing

64:21

the Mark um the nerdy answer is that

64:26

by attempting to control for the spread

64:28

of fentanyl in Oregon you are

64:31

controlling away one of the channels by

64:34

which decriminalization could affect

64:36

overdose deaths that one model is that

64:40

the effect of decriminalization on over

64:43

deaths is confounded by the spop fenol

64:45

but another model is that part of what

64:47

decriminalization did was exacerbate or

64:50

induce the spread of Fentanyl and I

64:51

don't think you can differentiate

64:53

between the two so I'm skeptical that

64:55

that what that

64:56

study is actually showing but this gets

64:59

to sort of a bigger point which is that

65:01

what is really telling to me in the

65:02

literature on decrim Oregon and actually

65:05

my read of the literature on

65:07

decriminalization in Portugal and

65:08

generally is that specifically with

65:11

regard to Oregon there are at this point

65:13

I think three peer-reviewed studies and

65:17

one of them finds an increase in overo

65:19

deaths and to find there's no increase

65:21

in over stats there has not yet been a

65:23

study that concludes that there is a

65:24

reduction over to Deaths associated with

65:27

decriminalization the Portuguese

65:28

literature is a little more over the

65:30

board but I think you can read it in

65:31

such a way that the central tendency is

65:33

there is no effect of Portuguese

65:35

decriminalization under deaths and what

65:37

that says to me is that the core

65:40

argument made for decriminalization

65:42

across the board is that the problem is

65:44

not really the drugs the problem is the

65:46

criminal treatment of the drugs and I

65:47

just don't think that's borne out by the

65:48

evidence I think that if there is no

65:50

effect then what that tells us is that

65:53

it was never really about Prohibition

65:55

itself it was always about I think in my

65:57

mind obviously the fact that drugs kill

66:00

people in different ways Trump Vance

66:04

Harris and walls have all when I've

66:07

heard them publicly made an argument

66:09

focusing on the ability to stop Supply

66:13

from coming into the United States that

66:15

we can do more on the border we can have

66:16

these machines we can increase law

66:18

enforcement we can get mad at China we

66:20

can get mad at

66:21

Mexico do you buy in this world where we

66:24

synthetic drugs that can be made in labs

66:27

and moved in fairly small quantities do

66:29

you buy that there is a level of

66:32

anti-smuggling or anti-trafficking

66:35

policy that could be effective to

66:38

substantially change the

66:40

trajectory you can't do nothing and I

66:45

think that the steps that we have taken

66:47

to do better at interdicting at the

66:50

border the pressure that both

66:52

administrations Trump Administration B

66:53

Administration have tried to place on

66:54

China to reduce the export precursors

66:57

are sort of necessary but never ever

67:01

going to be sufficient to the problem

67:03

and that's

67:05

because you are dealing with such a

67:09

profound change in the drug Supply that

67:14

you have to get it right an unrealistic

67:18

fraction of the time if you're dealing

67:20

with such a small quantity of fentanyl

67:22

crossing the border you have to

67:24

interdict it successfully basically

67:26

every single time otherwise there's no

67:27

impact if you are dealing with such

67:30

widely available precursor chemicals you

67:32

have to shut it down not just in China

67:34

but also in India potentially Nigeria or

67:36

South Africa it is such a dramatically

67:40

challenging problem to try to put it

67:43

succinctly under this new paradigm we

67:46

have to take much more seriously the

67:49

problem of addiction as such that it is

67:53

more imperative than ever to get people

67:56

off of drugs um that that's sort of the

67:58

thing that we talked about for a long

68:00

time but it was less urgent when we were

68:02

dealing with People's Health it is much

68:04

more urgent today when 100,000 people

68:06

are dying every year it's different from

68:09

the harm reduction model it's also

68:10

different from the War on Drugs model

68:12

which I tend to think gets a bad rap but

68:15

was

68:16

ultimately not all that successful in

68:19

curbing a host of problems but focusing

68:23

on preventing people from getting on

68:25

drugs through prevention and focusing on

68:28

getting people off of drugs through

68:30

aggressive evidence-based medication

68:34

assisted often or at least sometimes

68:36

compulsory treatment is I think the best

68:39

strategy that we have available I've

68:42

talked about British Columbia next door

68:44

to British Columbia Alberta the province

68:45

in Canada has a similar drug problem and

68:48

they have responded by implementing many

68:50

of the policies that I would like to see

68:52

implemented the data is still unclear we

68:55

we don't fully know what it looks like

68:56

but the early indications are that drug

68:58

eror deaths are going down in Alberta

69:00

and I think that that is a sign that if

69:02

you focus on recovery you focus on

69:04

treatment and you make that a priority

69:06

and you say you are going to get clean

69:09

whether you want to or not and we are

69:10

going to be committed to keeping you

69:11

clean you could have a real impact on

69:13

this problem you've described the

69:16

structural problem here as technological

69:20

that that we've had a lot of

69:21

technological advance in drugs without a

69:25

sort of corresponding advance in like

69:27

human biology right or social

69:30

organization I am typically skeptical

69:33

across a lot of facets of of human life

69:36

that when technology gets better and

69:38

better and better and better that you

69:40

can really do all that much by just kind

69:42

of trying to change social mores right I

69:45

don't think telling people to grayscale

69:46

their phones is going to and smartphone

69:48

addiction I don't think telling them

69:49

pornography is bad is going to do much

69:51

for pornography

69:52

consumption and one thing that I've

69:54

heard people

69:55

say is that we do not put nearly enough

69:59

into trying to create counter

70:00

technological advances so the you know

70:03

I've heard people argue for operation

70:05

warp speeds but for anti- addiction

70:06

drugs we have some things that that I

70:09

know you're skeptical of their long-term

70:10

efficacy like Narcan which can reverse

70:13

an opioid overdose there's some early uh

70:16

interesting evidence on you know the OIC

70:19

class of of of drugs that it might help

70:21

a little bit for for things like alcohol

70:23

use do we need some kind of moonshot

70:26

program on this set of things and to

70:29

accept that

70:30

prohibition and social sanction and

70:33

yelling at people and even treatment is

70:36

just not going to be enough given that

70:39

the pace of technological innovation and

70:40

synthetic drugs is not going to go away

70:43

if somebody wants to write the10 billion

70:46

check I'm sure not going to say no but I

70:48

am skeptical that we will get there in

70:52

any appreciable time look we you know we

70:55

have medication assisted treatment we

70:57

have a variety of medication assisted

70:58

treatments for opioid use disorder they

71:01

have gotten better we now have long

71:03

acting injectable formulations which are

71:06

just huge and the spread of those to

71:09

treatment programs is I think

71:11

systematically underrated that we should

71:13

be willing to do much much more with

71:15

long acting injectables we still don't

71:18

have any medication assisted treatment

71:21

for stimulant use disorder for cocaine

71:23

and methamphetamine we've been trying to

71:25

get them for years and years and years

71:27

and years you know I think the gp1 drugs

71:30

have some potential there's certainly

71:32

lots of anecdotes about it I think what

71:34

little clinical science we have right

71:36

now says they might be particularly good

71:38

for alcohol use disorder which is great

71:40

potentially less useful for use disorder

71:42

although that could change I would be

71:44

really happy to be wrong like I I I

71:46

think it would be great if I were wrong

71:48

but I am by no means optimistic that

71:51

tomorrow we will discover a substance

71:53

that cures addiction if for no other

71:55

reason then you know addiction is a

71:58

profound and multi-dimensional

71:59

phenomenon it has biological correlates

72:02

social correlates I tend to think about

72:04

addiction as in some senses a rational

72:06

Behavior response to certain set of

72:08

incentives and so while we have tools

72:11

that can blunt that Dynamic it is always

72:14

going to be more than biological and so

72:17

I am skeptical that we will produce

72:18

purely biological solutions to it

72:22

[Music]

72:43

[Music]

72:45

I want to come back to this issue of

72:46

disorder so cities right now are

72:48

struggling with these problems but but

72:50

what should the role of the police

72:52

actually be because cracking down on

72:55

these kinds of petty crimes or this

72:57

disorder it does create problems

73:00

racially discriminatory policing a lot

73:01

of contacts between police and and often

73:04

young black men sometimes tragic

73:06

contacts between them I think that's

73:09

part of what led to an ideological shift

73:11

here so how do you think about that this

73:13

idea that the disorder might be bad but

73:16

the cost of enforcing it is also High

73:18

there's a really interesting history

73:22

there and I don't want to get too in the

73:25

weeds but you know I think that struggle

73:29

is not new the struggle between the

73:32

benefits of petty crime enforcement and

73:35

the costs of petty crime enforcement or

73:38

disordering enforcement um roll the

73:40

clock back at this point 50 years the

73:44

way that people thought about policing

73:45

this is 1970s 1980s people thought about

73:48

policing predominantly as the job of the

73:50

police is to respond to Major Crimes uh

73:53

which they learn about through the

73:55

emergency call system they spend a lot

73:57

of the time in their cars they aren't

73:58

really out engaging with the community

74:00

and we have such a big major crime

74:02

problem at this point that why would we

74:03

even worry about the little stuff well

74:06

the clock forward 20 years to the 1990s

74:08

the emergence of the term that we have

74:11

not used but it's sort of gerine to this

74:13

conversation is broken windows policing

74:15

which is often understood to mean

74:18

although I will argue in a second

74:20

probably should not be understood as but

74:21

often understood to mean enforcing

74:24

against minor crimes is a way to control

74:27

Major Crimes the adoption of those

74:30

strategies in some shape or form I think

74:33

is a key component of at least in some

74:36

places the scale of the crime decline

74:38

that we saw in the 1990s the dramatic

74:40

reductions in violence that made

74:44

American cities livable once again um

74:46

Franklin zimmering the criminologist has

74:48

a book called the city that became safe

74:51

which is about New York's experience

74:52

specifically and he argues the reason

74:54

that new New York in particular

74:56

experienced such a large decline even

74:58

relative to the rest of the country is

75:00

because of its adoption of these tactics

75:02

under Rudy Giuliani and then

75:04

subsequently Mike Bloomberg but that of

75:06

course breeds its own backlash because

75:08

people start to notice that in some way

75:12

shape or form these are often very

75:14

aggressive tactics there are two

75:16

objections here one is that there is

75:18

something objectionable about the

75:22

policing of minor behavior per se

75:25

of going after people for something that

75:27

just doesn't seem like a big deal and

75:30

the other objection is that in many

75:33

cases this activity ends up looking

75:36

racially disproportionate if you're a

75:37

young black man in Chicago New York you

75:40

said a lot of your time getting stopped

75:42

and frisked so you know I think that

75:44

that criticism of that strategy

75:47

absolutely has driven changes in

75:50

policing behavior in some senses the

75:54

fight over stop and frisk in New York

75:56

and Chicago helped Drive the entire

75:59

police Reform movement the way in my

76:02

mind to out of that tension is to go

76:04

back to what broken windows policing is

76:08

about if you go back and read what James

76:11

Q Wilson George Kelling wrote about in

76:12

the 1980s uh what Kelling would

76:14

subsequently write about with Katherine

76:15

Kohl's in his book on buring wood is

76:17

policing and what other Advocates of

76:19

Community Based policing people like

76:21

Bill Bratton talk about they are often

76:25

quite skeptical of the most intensive

76:27

forms of the strategy the the

76:29

illustrative example I like to give is

76:30

that at the end of the Giuliani

76:32

Administration NYPD was doing 100,000

76:35

stop and frisks a year in the Bloomberg

76:37

Administration they were doing 700,000

76:39

stop and frisks a year and I don't

76:41

actually know an NYPD cop who won't say

76:43

privately that that was maybe a little

76:45

too many but part of the reason that

76:47

they think the intensity is wrong is

76:50

that the vision is not really simply we

76:52

must crack down on disorder and the more

76:55

disorder enforcement we do the better

76:58

it's rather

76:59

that Community disorder breeds a spiral

77:04

of dysfunction that can eventually

77:06

produce crime and that the way to undo

77:09

it is for the cops to be a collaborative

77:12

partner with the community in

77:14

identifying problems remediating those

77:16

problems and thereby empowering the

77:19

community to police itself that sounds

77:22

like kind of wishy-washy almost but I do

77:24

think it is what we were trying to get

77:27

at what the Braton era NYPD was often

77:31

successful at doing and is probably the

77:35

way around this sort of tension that let

77:37

me make this distinction a little clear

77:39

because it came up in in one of your

77:40

papers and I thought it was interesting

77:42

that in terms of different approaches to

77:44

managing disorder that have been studied

77:47

you make uh a cut here one set of things

77:50

had been studied you call I think

77:52

community- based problem solving and the

77:55

other is order

77:57

maintenance and as I could sort of

77:59

understand it but you should describe it

78:00

in more detail Community Based problem

78:02

solving is actually saying here is a

78:04

thing like Fair jumping or a park that

78:07

has a lot of open air drug dealing and

78:09

we're going to implement some set of

78:12

policies to end that thing and Order

78:14

maintenance is more this sort of running

78:17

after people stopping and frisking them

78:20

just sort of putting pressure on any

78:22

visible individual instance of disorder

78:26

and you say that sort of evidence for

78:27

the former is a lot better than the

78:28

latter so so talk me through that yeah

78:31

and that claim is based on a recently

78:33

updated metaanalysis that was published

78:36

earlier this year I think in the journal

78:37

criminology that looks something like 60

78:40

studies and says if you take the problem

78:42

oriented approach you get pretty good

78:43

results if you take the aggressive order

78:46

maintenance approach you don't get very

78:47

good results so the sort of key idea

78:52

here I think is we tend to think about

78:56

crime in terms of individual offenses um

79:00

so and so did such and such to whomever

79:03

there was a legal consequence for that

79:06

but that's actually not how the real

79:09

world Works things are never so neatly

79:12

defined criminal categories do not carve

79:14

nature at the joints much more often

79:17

there are humans who interact they have

79:19

problematic relationships there are

79:22

environmental sources of problems that

79:23

need to be redressed there's a

79:26

sociologist sort of founding father of

79:28

sociology policing Egon bner who is a

79:30

line that everybody loves which is the

79:33

role of the police is defined by the use

79:35

of force in situations that ought not to

79:38

be happening about which someone ought

79:39

to do something right now and that

79:41

recognizes the sort of problem oriented

79:44

nature of reality that there aren't like

79:45

distret crimes there are problems that

79:47

have to be solved and so often when you

79:50

are thinking about this community-based

79:52

model you start by saying what are the

79:55

problems the community is dealing with

79:56

is it disorder is it violence is it drug

79:58

dealing and then you say what can we do

80:02

to reduce the scope of these problems is

80:05

it changing something about the built

80:07

environment Peter moscos who's a

80:09

professor at John J cuni has a great

80:11

book coming out on the crime decline in

80:13

New York and he has a great story from

80:15

that book about the collaboration

80:17

between the NYPD and the Bryant Park

80:19

Corporation to clean up Bryant Park in

80:20

Manhattan so much of what they did was

80:23

not arresting people it was making

80:25

Bryant Park more open spending time in

80:27

cleaning it up making it the kind of

80:30

environment that was more aggressively

80:32

surveilled by the public in a way that

80:34

reduced the burden on the

80:36

NYPD this ends up sounding I think in

80:39

some applications a lot like the sort of

80:41

reimagine the police types but you know

80:44

the important distinction is that the

80:45

police are a key part of this to go back

80:48

to the Bitner definition the use of

80:51

force is going to be necessary to some

80:53

degree to bring people back into line

80:56

sometimes that means major arrest

80:57

sometimes it means ticketing people what

80:59

it means is saying what is the level of

81:01

force that we need to apply in order to

81:03

get the job done but I think when you do

81:06

that when you adopt this problem

81:07

oriented model your policing is much

81:09

more aligned with both the community and

81:11

so legitimacy goes up but also with the

81:13

way that the world actually works you

81:15

become much less reactive much more

81:17

proactive and you have a beneficial

81:20

impact on crime in the process there's a

81:24

tension here though that I think we've

81:25

become more alert to which is I think

81:28

you could frame it different ways but

81:29

let's call it here between Collective

81:32

benefit and individual cost and maybe

81:35

I'll use here the example of fair

81:37

jumping in the New York City Subways

81:39

which is something that uh I've had a

81:41

lot of discussions about even just with

81:44

friends and the nature of the discussion

81:46

I often find is that there's an

81:48

agreement that it's bad on a lot of

81:51

levels including simply that the uh

81:53

Subway is not getting Revenue

81:55

that so many people just sort of jump

81:58

the fair right and the fact that they're

81:59

jumping the fair jumping the Turn Style

82:01

in front of sometimes police at least

82:04

earlier I was seeing that happen but

82:06

certainly Subway employees you know

82:08

creates a kind of visual

82:10

disorder but there's real cost to you

82:13

know police running down teenagers who

82:17

honestly really aren't hurting anybody

82:18

that much right I mean yes like it would

82:20

be nice for the MTA to get the fair but

82:22

it's not the end of the world and

82:24

there's a really high cost to these

82:27

teenagers having a bunch of interactions

82:29

with the law enforcement system um at

82:32

the max level you can get shootouts in

82:34

the subway which actually happened

82:35

recently I mean there were other

82:37

circumstances in that but still and so

82:40

there has emerged I think a seriousness

82:45

about why you might want to reduce the

82:47

number of point contacts between

82:50

individuals and law enforcement and so

82:52

particularly when the individual is

82:53

doing something which is maybe annoying

82:55

to the rest of us but it's not actively

82:58

violently harmful I think for a lot of

83:01

people there's been an ideological move

83:03

to say I would rather take the uh modest

83:07

rise in disorder I would take a lot of

83:09

public urination to avoid one um

83:12

unnecessary shooting for instance to to

83:14

put that in strongest terms how do you

83:16

think about that yeah I think this

83:19

Dynamic plays out across disorder

83:21

whether it is fair beating whether it is

83:23

uh Street encampment Street sleeping

83:25

sleeping rough whether it is public drug

83:27

use um whether it is public defecation

83:30

is this individual instance really worth

83:32

it and the response to that is no it is

83:37

not in the individual in the unit case

83:40

worth it but disorder doesn't exist in

83:42

the unit case that when you leave it

83:46

unchecked disorder grows that one tent

83:50

left unchecked grows into five or 10 or

83:54

Phoenix recently cleared its homeless

83:56

encampment that at its greatest extent

83:58

was called The Zone its greatest extent

83:59

it was called there were something like

84:01

a thousand people living in it that the

84:03

dynamic of disorder is such that if you

84:06

think about it on the unit level you

84:08

miss that growth the problem gets big um

84:11

it's a little bit like my wife is a

84:12

teacher and I was talking to her about

84:14

this the other night and she said it's

84:16

just like dealing with late homework is

84:19

it a big deal if you let a kid slide

84:21

once on his late homework no it's not

84:23

really but if you him slide every time

84:26

then systematically he is late and then

84:29

that impacts the other students you get

84:31

these outsize problems that said right I

84:34

mean there you know there are costs of

84:36

exposing people to the criminal Jus

84:37

system you can do stuff to mitigate

84:39

those costs you can say we're going to

84:42

limit what the cops do we're going to

84:45

limit the intensity with which people

84:47

are punished afterwards whether you get

84:49

a desk appearance ticket versus you

84:51

actually get arrested there too though

84:54

think that you have to be careful to

84:56

think in what I think about as Dynamic

84:58

systems terms rather than unit terms um

85:02

not to foreshadow my book recommendation

85:03

from later on but Mark kimman talks

85:07

about the case of the squeegee men in

85:09

New York City that there's a big problem

85:10

the 1990s where there were these guys

85:13

who come up to cars park stop cars on

85:15

the street spray the window wipe them

85:17

down and then aggressively demand money

85:19

from the guys in the car from the driver

85:22

and kimman says in the mid90s the

85:24

Giuliani Administration said okay we're

85:26

going to crack down on the squeegee men

85:28

instead of just like ticketing them

85:29

we're going to arrest them we're going

85:30

to go through the whole rigoll we're

85:32

going to make this like our big push

85:34

this week and what happens is because

85:36

they're very public about it they're

85:38

very aggressive about it for a short

85:39

period of time there's a burst of

85:42

enforcement and it turns out that like

85:45

there actually aren't that many squeegee

85:46

men they like pick them all up the cost

85:48

of being a squeegee man goes up and they

85:50

just stop doing it and from there the

85:52

problem becomes trivial to enforce you

85:54

spend very few police resources on

85:56

dealing with scen but also the problem

85:58

goes away so in some senses what you

86:00

want to do in a situation like that the

86:02

thing that minimizes police interaction

86:05

with civilians over time is not

86:08

necessarily doing very little right now

86:11

when the problem is little before it

86:13

gets big the thing that minimizes police

86:15

interactions over time is focusing

86:17

aggressively on the issue in the moment

86:20

until it is no longer an issue at which

86:23

point you aren't going to have those

86:25

interactions that are potentially risky

86:27

so that's like you know that's a systems

86:29

way of thinking about it rather than a

86:30

unit way of thinking about it but I

86:32

think it is better off in the aggregate

86:35

but that is easier to think about with

86:37

squeegee men than it is with homeless

86:41

encampments uh where you don't have

86:43

enough places for people to live or

86:44

shelter beds in a place like San

86:46

Francisco easier than it is with drug

86:49

use which definitely does have a

86:50

tendency to just reemerge somewhere else

86:53

I mean people who are addicted to to

86:55

heroin or regularly using fentanyl or

86:57

methamphetamines I mean as you know

86:59

better than me they're going to try to

87:01

figure out a way to to to get the drugs

87:03

they need to avoid

87:05

withdrawal I I could kind of buy this

87:07

for something like Fair jumping right I

87:09

I buy the way in which uh people jump in

87:11

over turn Styles if they get a couple

87:14

tickets and you know they they sort of

87:16

begin to see this is not going to be

87:17

tolerated it could go down quite

87:20

dramatically but I think for the things

87:22

that have tipped a lot of people's

87:23

feelings disorder into a place of if not

87:28

emergency a highly Salient political

87:31

issue it isn't that easy and and the

87:34

cost to you know breaking up these

87:36

homeless encampments repeatedly and you

87:38

know taking people stuff and you know

87:40

putting people in jail for using drugs

87:42

and I mean those things are real so how

87:45

do you think about it you know layered

87:47

up to these more significant

87:49

problems I think that if you want to

87:52

deal with those problems

87:54

the solution is not exhaustively

87:57

policing or is not even primarily

87:59

policing I don't actually know a police

88:00

officer who thinks that that is true

88:02

that those people need access to

88:03

treatment we can talk about what that

88:05

looks like but that in the

88:08

meantime their behaviors generate

88:11

harmful externalities and you need to do

88:14

something about them open air drug

88:16

markets generate violence disorder

88:18

dysfunction they generate public health

88:21

hazards uncontrolled camping generates

88:23

violence disorder dun function public

88:25

health hazards and so when you think

88:27

about the cost and benefits of dealing

88:30

with those issues you are trying to

88:32

mitigate the externalities you're trying

88:34

to shift people into ways of engaging in

88:37

those same behaviors that are less

88:39

socially harmful you're trying to get

88:40

people to Camp over here and not over

88:43

there you're trying to get people to use

88:45

drugs out of sight rather than in the

88:48

presence of everyone else you are trying

88:49

to make drug dealing more discreet I

88:51

also think that we have evidence that

88:54

you can successfully reduce the extent

88:56

of this Behavior without spillovers the

88:59

canonical example in the drug space is

89:01

what's called a drug Market

89:03

intervention where what you do is you

89:06

identify in a drug Market of

89:08

sufficiently small size the dealers who

89:11

are driving the market and you say we

89:12

would like you to get out of the game we

89:14

were going to shut down your Market we

89:15

will help you get a new job if you would

89:17

like to and if not you're going into

89:17

prison for a very long time and while

89:20

they don't always work such

89:21

interventions in for example High Point

89:23

North Carolina CH an early experiment in

89:25

linnn Massachusetts um have had

89:29

meaningful success in reducing the

89:32

visibility and the extent of crime

89:34

associated with drug use without

89:36

inducing the kind of substitution and

89:37

that's the point right like the role of

89:39

policing those situations is not

89:40

necessarily to cut to the root of the

89:42

problem to deal with the underlying

89:43

problem Behavior it's to deal with the

89:46

public externalities of that behavior

89:48

which at sufficient concentration are

89:50

substantial and deserving of attention

89:53

and then always our final question what

89:55

are three books you'd recommend to the

89:57

audience the first one is a lot of the

90:00

ideas I talked about particularly early

90:02

in this conversation come from the work

90:03

of the political scientist James Q

90:06

Wilson arguably the most influential

90:10

political scientist of the 20th century

90:11

my personal ideological hero and his

90:14

collection of essays thinking about

90:16

crime was really influential on how I

90:18

think about crime so I think if you want

90:20

to understand particularly a right leing

90:23

perspective but is a social science and

90:25

for perspective the second book I was

90:28

going to plug uh Mark climens when Brute

90:32

Force fails which is a response to James

90:34

K Wilson's book but instead I'll

90:35

actually go with Mark kleinman's work on

90:37

drug policy his book against excess

90:40

which is in my mind the most

90:42

analytically sound articulation of how

90:45

to think about drug policy I've ever

90:47

read just across the board it is a dense

90:49

book but if you want to have the sort of

90:52

nuanced view on

90:54

how we optimize between the harms of

90:56

drugs and harms of drug enforcement

90:57

that's the book to read then the third

91:00

one is a little more fun but I think you

91:02

know when I talk to young people and I'm

91:05

really still a young person but when I

91:06

talk to that crime and disorder and all

91:08

of these issues I talk to them about the

91:09

history of it because I think they don't

91:10

remember what American cities used to be

91:13

like and the book that I recommend to

91:16

understand the sort of peak of urban

91:19

dysfunction in America is Tom W bonfire

91:21

the vanities which is you know his

91:23

sendup of urban American life in the

91:27

1980s and I think is a parody but is

91:29

also in many ways true to reality and

91:31

says a lot about today's urban life as

91:34

well Charles Fain Layman thank you very

91:37

much thanks for having me

91:40

[Music]

91:49

on this episode of the eclan show was

91:52

produced by Roland who back checking by

91:54

Michelle Harris our senior engineer is

91:56

Jeff geld with additional mixing by

91:58

ammen sahota our supervising editor is

92:00

Claire Gordon the show's production team

92:02

also includes Annie Galvin Elias isth

92:05

and Kristen Lynn original music by Isaac

92:07

Jones audience strategy by Christinia

92:09

samuli and Shannon Busta the executive

92:12

producer of New York Times opinion audio

92:13

is Annie Rose ster and special thanks to

92:16

switch and board podcast Studio

92:22

[Music]

Interactive Summary

Ezra Klein discusses the recent surge in American anxiety regarding crime and public safety with Charles Fain Lehman of the Manhattan Institute. They analyze the discrepancy between official crime statistics showing a downward trend and the widespread feeling of disorder, public drug use, and homelessness in cities like San Francisco and New York. The conversation covers how these issues create negative public externalities, the failures of recent attempts at drug decriminalization, and the ongoing debate over how to balance effective policing with the need for fairness and community trust.

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