The Hidden Politics of Disorder
2383 segments
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show from New York Times opinion this is
the Ezra Klein show
[Music]
during the pandemic there was a rise in
violent crime but by 2023 violent crime
was back near its lowest level in over
50
years but also in 2023 Gallup found 77%
of Americans believed that crime had
been
increasing can just some media but I
heard it a lot I still hear it actually
a lot in everyday life when I just talk
to people who aren't that political
about the things that are concerning
them politically people talk to me
constantly about the sense that the
place they live is less safe than it
used to be and they're mad about it this
was constant when I lived in San
Francisco the sense of San Francisco was
descending into chaos it was everywhere
I found it a lot here in New York I've
met people in New York City who are not
very political but they vote and they've
always voted for Democrats and now they
want to vote for Republicans because of
this issue alone because they feel less
safe the fundamental job of the people
we elect is to keep us safe to keep us
at least feeling safe and you can see
that nationally Democrats feel they have
a problem here in 2020 the party was
running on Criminal Justice Reform
people were talking about defunding the
police now KLA Harris talks about
herself as California's top law
enforcement official it's a very very
different appeal
and at the same time Democrats I know
and understandably are frustrated by
this I mean violent crime is down not up
why won't people look at the numbers
here why do they find themselves
politically fighting with this Phantom
it's begun to remind me of the economic
debates we had over much of the last
year on a lot of the most important data
the data we were used to using to track
the economy the economy looked really
good but people were pissed and you
could say that people were wrong or you
could try to ask ask what the data was
missing and in that case I think the
data was missing something it was
missing the affordability crisis you can
go back to that episode to hear about it
and I think there's something like that
here too I think something is missing in
the violent crime data and then Charles
feain Leman a fellow at the Manhattan
Institute who studies crime and drug
policy began publishing research and
then wrote this great piece on his
substack the substack is called the
causal fallacy which I get and I highly
recommend about exactly this question so
asked them on the show to talk about
crime about disorder about drug policy
about Vice politics and about how to put
it all together as always my email as
reclin show NY
[Music]
times.com Charles feain Leman welcome to
the show thanks for having me on so when
you look at statistics for violent
crimes right now crime is going down
Donald Trump among others on the right
say those statistics are wrong they're
flawed they're they're missing the real
story you're a right of Center crime
researcher what do you
think I think crime statistics are never
going to be perfect we have a decent
measure of the rates of Under reporting
we know that we miss something like half
of crimes or that half crimes don't get
reported to the police um that's based
on surveys of households so that itself
is an imperfect estimate but we can
reasonably say that the trends that are
showing up in the FBI's crime numbers
are real or at least they are correlated
with reality and what those numbers show
is that in 2020 there's a big spike in
homicide and a big spike in aggravated
assault and that makes sense in so far
as an aggravated assault is mostly a
proxy for shootings and shootings are
just homicides where you miss those row
sort of steadily 2020 2021 they Peak
they coming down a little bit in 2022
2023 and the early indicators is that
we're close to or at 2019 levels there's
another component which is auto theft
which is just exploded across the
country is still well elevated over 2019
and that's maybe starting to come down
but I find those numbers basically
plausible I find them plausible because
a there are something like 18,000 police
departments reporting in some capacity
to the FBI they can't all be making it
up B because it jives with what you see
in individual Municipal data and
trarily you can tell coherent stories
about what has happened in the cultural
and policy environment over the past
couple of years that makes it make sense
that you would see a spike in murders
and then they would recede so across
those three things it makes sense to me
that we're seeing a receding in crime
tell me the story that that you believe
I think it's hard to avoid noticing that
by some measures the spike in 2020 is
the biggest percentage wise on record
there are in my mind two obvious causes
cause one is the covid-19 pandemic and
in particular the restrictions imposed
associated with the covid-19 pandemic so
we shut down courts we close down
schools we reduce the number of people
out in public spaces so we reduced in
general the level of what I talk about
is social control of crime informal and
formal and so as a result you had less
certainty of consequence that's one part
of it and you do see an uptick starting
in March of 2020 in for example the
cdc's numbers for homicides but the
really big spike is in June of 2020 and
that is obviously consistent with the
protests following the murder of George
Floyd there's a great deal of
controversy around the role that defund
the police movement played in 2020 and
in the increase in violence in 2020 but
my view is that unlike when we had this
argument over the Ferguson protest what
my colleague Heather McDonald referred
to as the Ferguson effect in 2014 2015
today we have some pretty decent
research literature that says large
scale protests against the police seem
to a lead to reductions in police
officer activity B increases in serious
violent crime in particular homicide and
so in my mind a big part of the story is
the public sent the message to the cops
we want you to be doing less the police
responded a by being less proactive B by
at least in major cities leaving the
profession or departing for less crime
prone departments
altogether and as a result of that the
people who engage in the specific kinds
of crime I was was talking about which
is to say the cycle of violence that
leads to shootings and homicides were
less fettered in their behavior and so
they took it as an opportunity to take
shots at each other so that's the story
about why it went up and the story why
it went down is I think multi-art again
some part of it is just what you might
euphemistically call burnout every time
somebody gets shot there are fewer
opportunities to shoot at them so every
time somebody gets killed there are
fewer opportunities to kill them and
people who get shot are often also
themselves Shooters so there's some
degree of burnout there but it's also
the case that many cities and again
cities big cities in particular where
these problems are concentrated have
tried to reverse course on public
messaging to a limit extent policy
changes that they made in 2020 and
really try to emphasize the importance
of Public Safety here in DC where I'm
recording you can now get I think it's a
$255,000 bonus for signing on with MPD I
was just in Philadelphia where shelle
Parker was just elected mayor
essentially on a tough on crime we need
to get crime under control platform
there's been a real sea change and I
think that that sea change has begat a
substantive change in the practice of
policing the police are more active than
they were two years ago and that has had
benefits it's something you you see here
too that the Cathy hokel has has
functionally flooded the Subways in New
York with armed police officers with
with National Guard there's an almost
militarized presence there on behalf of
a Democratic governor after a former cop
now quite IM battled won the New York
mayorip I mean the veillance
ideologically of policing is really
changed I mean kamla Harris emphasizing
in interviews that she was the former
top law enforcement official is the way
she says it of California a pretty big
ideologic
shift yeah also if you look across the
country uh Karen bass in La who fed off
a tough on crime challenger but since
then has had to sort of turn towards a
more tough on crime image London breed
in San Francisco I mentioned cherl
Parker in Philadelphia you mentioned
Eric Adams there are these big City
municipal figures who
are
adopting both policy but also rhetorical
posture that says we will not put up
with crime you talk about kamla Harris
who obviously is also sort of trying to
counter an issue that is generally good
for Republicans is particularly good for
Donald Trump who say what you will has
been consistent about his views on crime
for decades but it really matters at the
local level because voters are attuned
to or highly sensitive to Crime as an
issue they do not like it when they feel
unsafe in their cities and so if you
want to do anything else as a big city
exact you have to deal with crime first
when things are good you think about
like a bill DeBlasio in New York you can
get away with sort of a reformist
tendency in so far as it doesn't impinge
on low crime but the second things get
bad people are done with that it turns
out at least that appears to be the
status quo I suspect at least since the
1990s I'm certainly today let me use a
politics of two places I I've lived in
recently to get it maybe some of the
complexity here so I lived in San
Francisco
until a year ago May and there you you
would have this bifurcated discussion
where people on on X and uh in the city
would sort of talk about San Francisco
as a kind of hellscape and then you
would have Ernest liberal leaning wonks
come in and say look like San Francisco
has a lower murder rate than than
Jacksonville Florida it is less violent
than many other big cities this idea
that San Francisco is uniquely violent
that you are unsafe here it just isn't
true like we can look at the data and
tell you that San Francisco does not
look like an an unsafe City compared to
many other cities that do not get this
kind of coverage on on Fox News I moved
to New York City and something I noticed
when I would be talking to people not
who work for the the New York Times but
people who just grew up here in in other
parts of the city and we were just
chatting and and they would find out I I
worked in journalism and and was a
political reporter and they say oh man
like I'm done voting for Democrats and
I'd say why and they're like the city is
crazy like the Subways are nuts like you
know like this whole place is out of
control and I would sort of you know
like look up the crime data and see the
same thing so there's been this strange
conversation where on the one hand there
in these blue cities where where
Democrats govern and where there's a lot
of media tension there is a genuine
feeling of unsafety a genuine feeling of
something is wrong and then you look at
the the crime data and you know it's
lower than it was in in in the ' 80s and
'90s and many cases it isn't that bad
historically it isn't that bad even
compared to other
places so you have a sort of theory
maybe for what is happening here that
that explains like the the Gap in
perception and and numbers what is it
yeah and you know I do want to emphasize
first that I think that many times those
perceptions are warranted um people are
pretty sensitive to changes in the risk
of even relatively rare events Vis crime
it shows up in lots of ways and the way
that I think about this is like people
will pay a big big premium in rent to
avoid living in a crime ridden area even
though if you go to those areas your
risk of victimization is quite low and
in many places in America people are
responding to the fact that crime is
still elevated over a baseline violent
crime Baseline that said the reality is
that when people feel unsafe in place it
is often not responsive to the kinds of
major crime that became more prevalent
in America over the past four years San
Francisco is interesting they do have a
they had a homicide spike a little bit
it is nowhere near the magnitude of
other cities what San Francisco has
though is this enormous problem with
what I would talk about as disorder
disorderly behavior and this is in fact
what San Francisco is like Infamous for
San Francisco is the city where the city
government has to issue I believe a
quarterly report on the frequency of
human feces found on the sidewalk San
Francisco has these very large open
drug markets uh San Francisco has an
uncontrolled public homelessness problem
public serious mental illness problem
San Francisco when I last looked at the
data a couple of years ago measurably
had a shoplifting problem all of these
are not what we were traditionally think
about as major offenses they're not
homicide rape robbery aggravated assault
Etc but they are much more prevalent
than those offenses you are much more
likely to be witness to them to be
victimized in association with them they
are much more therefore likely to affect
your perception what it is like to live
in the city and so I think often in the
case of San Francisco but as I have
argued increasingly in many other places
for example here in
DC where the violent crime level is
coming down there are signs that the
level of disorder is substantially
elevated I was looking yesterday at
shoplifting data reported by big cities
and there are many big cities where it's
up you know places that you'd expect
like you know New York but also places
that you wouldn't even think about like
Detroit saw a large spike in shoplifting
these sort of minor crimes that
nonetheless are pretty disorienting to
people around us um and I think that
those are part of what is driving this
perception that crime is a major issue
even as sort of more serious but less
prevalent therefore less likely to be
perceived crime comes down so this
tracks my experience it that when I
would talk to people about what they
were upset about what I would hear about
and also what I myself would experience
were mentally ill people yelling at you
and your children on the street was
public drug use was in San Francisco
feces and and and public uh your nation
were a big problem not an unknown
problem in New York either homeless
encampments are are big right everything
in the
drugstore in some areas in these cities
is behind plexiglass now right you have
to call at CVS to get you know deodorant
or razors or anything out that that
there was a a sense of of things being
out of control I think it's easy to to
think maybe this is just the the
Superstar big blue cities you've done a
bunch of work on on Chattanooga which
tell me a bit about the polling you did
there tell me a bit about the studies
you did there yeah we the Manhattan
Institute did a couple of different
pieces of work in Chattanooga one we did
a poll of Chattanooga residents I think
back in March about their perceptions of
crime and what you see in that polling
is that just like elsewhere they believe
that violent crime is a problem in their
city they're worried about it they don't
feel safe at night they don't feel safe
walking around downtown they are alarmed
by what they see around them and so what
I I took that polling and said okay
what's really happening and I spent a
lot of time with the data that the city
puts out and I talked to Cha PD other
leaders in the city and what I concluded
was that like many other cities
Chattanooga saw an increase in violence
over 2020 2021 and you know it is
important to go back to my point earlier
to acknowledge that Chattanooga did not
have a major defund the police movement
this is not a like a big Progressive
City that Fox News loves to hate on when
I I did a ride along there and I was
told you know yeah we can pull people
over yeah you know we have the capacity
to enforce against minor crimes I was
like wow you do not have the problems
that I'm used to talking to Cops about
but even there they saw an increase in
violent crime and the way that they
responded to this specific issue was to
deploy a set of strategies that are
effective for reducing violent crime
they used what we were talking about as
Focus deterrence um which is a set of
strategies that focuses on identifying
the small number of people in the
community who drive violence in that
community and either inducing them to
reduce their violence or incapacitating
them that appears to have been
successful they really did Drive
homicide NE violence levels back down to
where they were in 2019 in the most
recent data that they they got it it
worked they did what the evidence said
they should have done and they succeeded
they also though experienced like many
other cities a decline in their sworn
Staffing levels a cop that I talked to
when I was there said that they were
doing less proactive Patrol and so my
argument is that I suspect what happened
in the city is that faced with resource
constraints and dealing with a spike in
violence the police department responded
by prioritizing the most serious issues
and it worked but it came at the expense
of they were not doing traffic
enforcement they were less focused on
cleaning up the parks they also saw a
big surge in homelessness like many
other cities and so you end up in this
funny situation where they did deal with
the big problem and people still don't
feel safe and that's because they sort
of let the little problems fall to the
Wayside and the little problems got
bigger and bigger and bigger what was
your evidence that the little problems
were actually Rising yeah I look at a
couple of different indicators um I look
at minor crimes which some of them have
risen some of them have not things like
drug equipment violations I also look at
311 calls which are I think an
underutilized source of data on this
topic and they show that calls relating
to homelessness calls relating to litter
trash Etc both have risen pretty
substantially I looked at traffic
citations which is also another
underrated component of this because
when you think about you're behaving on
the road is a component of disorder how
you're treating that shared resources
related to disorder and I saw that there
had been a deine in traffic citations as
well and those are just sort of like
diffuse signals part of the problem with
thinking of disorder is like it is
doesn't get measured consistently in the
same way but I think the signals tended
to point in that direction where do you
draw the line here between thinking
about crime and thinking about
disorder many disorderly activities are
crimes not all disorderly activities are
crimes
sometimes they sort of nebulously they
could be Crim depending on how the
police officer feels at the time a city
like New York has moved away from
criminalizing disorder lead behaviors
for example I think in 2021 New York
State removed its um Ling in furtherance
of or pursuit of prostitution law uh you
can no longer be arrested for appearing
to be trying to engage in prostitution
in New York state but it's still
disorderly Behavior to stand on the
corner trying to flag down John's
there's a lot of conflict over what we
mean when we talk about disorder it gets
tied up in these sort of like thick
cultural baggage is this Behavior
disorderly is it just something that the
rich and the poor vary on or that
people's opinions vary on based on
ethnicity or race but I tend to think
that we can at least offer a cogent
definition of disorder the definition I
like to offer is that um disorder is the
domination of public space for private
purposes think about the different kinds
of dis that we talk about we might talk
about somebody defecating in public we
might talk about somebody sleeping in
public somebody playing his music too
loud on the subway somebody shooting up
somebody yelling at strangers uh
somebody engaging in prosecution or
attempting to solicit for prostitution
in
public what joins these behaviors in my
mind is that they
are private acts they are things that we
would conventionally sort of do at home
this idea that what makes disorder
alarming unique special worthy of our
attention is that there is a public
space at least in big cities there are
common spaces common resources that
everyone is expected to share equally
and often disorderly Behavior can be
identified by an individual making a
claim over that whether it is your use
of the sidewalk that is impeded by a
tent or your freedom from seeing
somebody else's private consumption
activity whether it is drugs or sex you
added uh AR wrinkled that definition
that I've not heard you you say before
which is that many of these not all are
acts we would normally do at home and
what that made me think of
immediately is that many of these acts
are done by people who don't have in the
traditional sense of the term homes
right that the unsheltered homeless
obviously huge problem in San Francisco
in in New York but but everywhere right
sort of most major cities not literally
everyone is having a a significant rise
in in unsheltered hom
lessness is the disorder problem simply
the absence of people with homes people
who don't have bathrooms right they are
now doing things in public because they
live in public you
know it is not uncommon to sort of make
exactly this argument and this is part
of the debates over disorder that
happened in the 1990s to what extent are
regulations of disorder just trying to
criminalize
statuses homelessness poverty Etc and my
response is twofold one is that we
should be able to agree that there are
lots of people who are disorderly in
public who are not homeless there are
people who are to use a podcast
appropriate term jerks who think that it
is perfectly Kosher for them to light up
on the subway or to play music in public
or to berate people that said it is
certainly the case that homeless people
are a subset a substantial subset of the
disorderly population
but there too I think that we have seen
not merely an increase in the population
of people that are homeless but also in
the degree to which people are willing
to engage feel comfortable engaging in
disorderly Behavior the sort of most
extreme examples are the frequencies of
public drug use there's a broad spectrum
of the intensity of flagrant public drug
use that you see in the United States in
certain jurisdictions in the United
States over the past four years the
intensity of public drug use has gotten
much more extreme there was a very big
difference between the homeless guy who
you know hangs out in front of your
local supermarket who is polite who is
engaging everyone knows somebody like
this who's not a problem for the
community versus the guy who is yelling
in public versus the guy who is shooting
up in public who is sleeping rough and
Unapologetic about it there is a big
space for that behavior variation even
among the population that is homeless
something I've thought about a lot is
the difference in the politics of crime
and disorder from when I lived in
Washington DC where I lived from 2005 to
2018 and then uh the Bay Area and then
New York and when I lived in DC it was
unambiguously more dangerous than
anywhere else I have ever lived the uh
homicide rate was simply much higher
someone very close to me was shot a
number of people I am also very close to
were beaten up on the streets
muggings in the pretty the early period
in which I lived there it was just like
something that would happen to your
friends when you went home from a party
right it would happen every couple of
weeks it felt like and yet the politics
of it were much less unstable deranging
for the at least the people in power
than what was happening in San Francisco
and and my explanation for that over
time was that there's something around
the politics here not just of disorder
but of Tolerance like my sense of the
the politics in DC was it people felt
like the government was trying to stop
the crime and failing because crime is a
hard problem that the government was
trying to stop the drug problem and
failing because drugs are a hard problem
and that what made the politics of this
in in San Francisco particularly very
toxic and continue to be very toxic is a
feeling the government wasn't trying to
stop it that you know clearly or people
at least thought it was in the
government's power to you know do
something like clearing out the Tender
Loin and not allowing it to be a giant
open air drug Market but they weren't
doing that and in fact they were
watching City officials walk by this on
the The Daily this has I think become a
big issue in New York where you know you
watch people jump the the Turn Style
right in front of a bunch of employees
of the subway how do you think about the
role of the government's attitude even
holding the problems
constant what I would say is that I
think that that response you are
describing in San Francisco is touching
on something real which is that it is
offensive to people's sense of Civic
fairness when they see the government
tolerating people's behaviors in certain
circumstances and particularly when
they're antisocial behaviors and not
otherwise you know the the great
objection I think people you may have
heard from people in San Francisco is
that the government of San Francisco
simultaneously was aggressive about
requiring people to wear masks in
furtherance of the public health
interest and also was actively trying to
in the name of harm reduction educate
people on how to use drugs as opposed to
explicitly condemning drug use and or
stopping people from using drugs on the
street I think that offends people's
basic sense that we all are equal
citizens of a city that part of how a
city lives and functions and breathes is
that Assumption of equality and I do
think that there is you know an
ideological component there when you
talk about how do governments think
about tolerance particularly over the
past five years but really waxing and
waning in American Civic life which says
these problems the problem of drug
addiction the problem of homelessness
the problem of dysfunctional Behavior s
mental illness are intractable and in
fact it is wrong to try to change them
that it infringes upon the rights of the
individual to try to do something about
this that the best we can possibly hope
to do for people who are living
profoundly dysfunctional lives is sort
of make them comfortable and hope that
they will choose to change on their own
I think about this in the serious mental
illness context through the work of
sociologist Neil gang who has compare
the treatment of in Los Angeles
seriously mentally ill rich people and
poor people he finds that when you on
the Public's responsibility and
seriously mentally ill in Los Angeles
you're treated with an attitude of
Toleration that they will do what they
need to stabilize you but they won't
ever try to compel you to do anything
even suggest that you do anything you
don't want to do was what the rich do is
that they uh they sign themselves up to
be coerced if your kid is seriously
mentally ill and you have the money for
it you will put him in a very
restrictive environment because that's
what's conduced to his health so I think
that you know that kind
of Tolerance which is in my mind a kind
of pessimism about the capacity of
government to address these problems
combined with a kind of civil
libertarianism had a moment over the
past 5 years and is a constant in
American life that is likely to come
back correct me if I'm wrong G gong he
he did the work on tolerated containment
or something like that yeah yeah I I
always thought this was interesting so
as I understand his theory and I've not
read that much of it directly but I
think I read a paper by him it's that
you have an approach in many of these
cities and you really saw this in in San
Francisco I mean the tenderloin is just
a a Zone where huge amounts of what are
by any measure crimes are allowed but
you can't do that in pack Heights you
can't do that in noi Valley people live
in the tenderloin it's actually the the
part of San Francisco with the I don't
remember if it's the highest or just an
unusually high number of children living
in it per capita and you see this in a
lot of places right skid in Los Angeles
but what you do in skidrow you cannot do
in Beverly Hills or at least in most
parts of Beverly Hills
and so there's this way in which one of
the things that emerged is that you
would sort of concentrate all this
disorder in places where the people had
less political power to do anything
about it and in doing you would sort of
move it out of the Richer areas where
they would complain and and vote you out
of
office yeah and you do see this in a lot
of places I think about a couple of
years ago New York city became the first
city in the United States to open what
is variously called a supervised
consumption site you're an overd
prevention site over prevention center
choose your acronym which is a place
where people can go and consume drugs
under the supervision of people with
Naran some of whom have medical training
and one of the interesting things that
has happened is the community responses
group called the greater Harlem
Coalition with whom I've worked some and
their response to the OPC to the
supervised consumption site was not
actually sort of shock and horror at the
fact that this thing exists
but rather to say if you come to our
neighborhood uh if you get off the train
at Harlem 125th Street you have to walk
a couple of blocks and you're there if
you come to a neighborhood this is
already the site of Super saturation of
these services and you know I think that
that creates a great deal of community
ranker these are usually poor
predominantly black or brown communities
if you go look at Kensington and
Philadelphia most people are on the
street in Kensington I found from my
recent trip are white people from the
surrounding area but most of people
actually live in Kensington are recent
immigrants who just need somewhere to
work until to live while they are
working to sort of build themselves up
you know I think these kind of
concentrated areas of dysfunction are
seen as Solutions like there's this
thing in the wire Hamsterdam that is the
pivotal example of this it's like the
police's strategy is that you'll be
allowed to sell drugs here and we'll
concentrate the problems they think that
this will be a solution to the problems
of the rest of the city but actually
what you end up doing in my experience
is you create concentrated dysfunction
and so you get economies of scale of
dysfunction that having a couple of guys
doing drugs in a place is not great but
having a hundred guys doing drugs in a
place is how you get a drug market and a
drug Market is way more efficient a drug
Market is providing a greater variety of
services a drug Market is a magnet and
the magnet draws more people in the
place that I've been that I've seen this
most acutely is the downtown east side
in in Vancouver in British Columbia
which is the sort of skidrow of
Vancouver and the downtown east side is
has the highest concentration I suspect
the highest concentration of harm
reduction drug treatment services
certainly in North America possibly on
Earth it is actually the worst place I
ever been in my entire life it is just
blocks and blocks and blocks of people
shooting up selling drugs buying drugs
when you talk to people who are
suffering the illness there many of them
are coming from the surrounding area it
is a place of profound dysfunction and
it is more dysfunctional because it is
concentrated so it's not just bad for
the people who live there it is also bad
for the people that is allegedly meant
to benefit because of the way in which
it concentrates and therefore reinforces
their problems
[Music]
[Music]
so this out gets us to maybe the
borderline between disorder and and
crime but we've been talking about both
things happening in blue cities and and
to some degree ideological Trends among
liberals but there's change here on the
right too in an interesting way so you
you've talked about Vice Politics the
policies around things like uh cannabis
around gambling I don't think other
people might put it here but for for
reasons I I think I would have some
trouble explaining but I'm pretty sure
is right I think the Embrace of quite
unregulated crypto markets has a
attending this it's I think it's quite
adjacent to gambling um and when you
look at Trump and the Republicans ran
out you see a lot of this Trump City
backed a weed legalization proposal in
in Florida you have Republican lawmakers
floating proposals to legalize gambling
the sort of crypto deregulation is quite
big on on the right how do you see the
the changing relationship ship between
the right and not disorder because they
talk like they don't like disorder but I
think what you what you define is vice
which seems to be quite adjacent to
disorder there is in the very long run
waxing and waning in the degree to which
we are tolerant of addictive harmful
substances or behaviors we gambling is a
behavior that is plausibly described as
addictive that we go through periods of
familiarity and then rejection and then
hostility and then curiosity and then
familiarity and this is really the Arc
of the history of drug use in American
society over the past 150
years that today there are a host
of different vices that we are shifting
towards Embrace of in part coming out of
a period of hostility I think we are
experimenting a lot more you've talked
about psychedelics I think psychedelics
fit oddly into this we can get into them
if you'd like porn graphy which is
almost the one that we don't talk about
at all even though everybody's high
schooler is exposed to it all the time
there's been some great reporting on
that something like 17 million Americans
are now daily or new daily marijuana
smokers a substantial fraction of young
adults are gambling on a regular basis I
and the ones who gamble most
compulsively are young men you can
almost tell a story about a type here of
people who are consuming a wide variety
of legal or dubiously legal vicious
substances who are unattached who are
socially dysfunctional those people it
turns out might actually be swing voters
to get back to your question those are
people who see something that they like
in Donald Trump who also see something
that they like in the Democratic party
which has at least in recent years been
the more Vice tolerant party and so I
think that a move like Trump's to sort
of publicly Embrace marijuana
legalization in certain form reflects a
recognition that there is a large part
of the electorate who are iner to these
substances and who are in play you can
talk about sort of why Trump has gone
for that I think that reflects broader
changes in sort of the Republican
ideology under him versus 30 years ago
but but I do think at root what it is is
this change at the social level that
Vice is much more common much more
widely available I think you're also
looking at voters who are not just maybe
swing voters but voters in transition so
something that is happening
compositionally to the parties that I
think is important here is Suburban
women are becoming very very very
important to have Democrats win
elections and in a way I think kamla
Harris really represents that block
right she is on the one hand quite
concerned about crime and Order and
safety a former prosecutor and also very
concerned about equity and that things
aren't being done unfairly right so
there's a tension there between how do
you make a community feel safe and how
do you make a community uh and the
policing of it actually
non-racist and then on the other hand
you have young men moving quite sharply
into the Republican Coalition uh young
men of all Races particularly non-
College young men and those are the
people who as you were saying a second
ago in their lives cannabis is
significant Sports gambling and maybe
crypto are significant uh pornography is
significant now they don't like crime
and they like a a sort of tougher
presentation but they want the things
they do to be legal and they do not want
to be hassled by the police or anybody
else about
them yeah I think that that is right I
do want to emphasize that the social
change that we are talking about the
emergence of this population is itself
Downstream of if not Democratic per se
priorities than liberalizing priorities
um Joe Biden is like a pretty old school
Democrat on this stuff he's
conspicuously the only 2020 primary
Democrat who refused to say he would
legalize marijuana but he is a dying
breed in the party it is not an accident
that the drug policy Alliance went to
deep blue Oregon to try to decriminalize
drugs so I think it is right that there
is this sort of
emerging predictably emerging population
who are personally politically pretty
apathetic and so happen to be a up for
grabs and who the Republican Coalition
are less worried about getting the votes
of but their existence and their growth
is Downstream of again if not purely
Democratic politics than liberalizing
policies that have been Advanced by
groups that are very much of a kind with
those groups that have argued that the
criminalization of public drug use is
unfair unjust and racist so you know I
think that that aspect is really very
important as well let's talk about the
decriminalization and criminalization of
drug use and and this I think does move
us into the Zone where sometimes we're
talking about disorder and sometimes
we're talking about something much much
worse you know as somebody who was
pretty optimistic about that and about
drug decriminalization generally and I
did an episode with Keith humph about
this I think it is working out very very
poorly but I am less worried about that
than I am about something else which
you've written about which is the the
changing shape of the drug problem at
its most lethal and you did this piece
uh some time ago for National Affairs
which is a a journal and you you wrote
then that the sort of problem we're
really facing in drugs has changed that
for most of um the the Arc of how we've
thought about drugs we've worried about
addiction and now at a rate we've never
before really had to apprehend we
worried about death can you talk through
that change you're describing yeah
absolutely and I will argue in a second
that this is in fact also a dynamic that
is relevant in the legal or semi-legal
Marketplace but there have been a lot of
headlines about the decline in the
overdose death rate in the past year
that's something to be celebrated I'm
happy about that we can talk about why
that happened I think it's less great
than people think but the reality is
still that something like 100,000 people
are dying every single year from drug
over their death in the United States
that is a remarkable SE change the
statistic that I like to use is that in
the mid to late 1980s at the peak of the
crack cocaine crisis about three in
every 100,000 Americans died from drug
overdose in I think it's 2021 2022 the
figure was 33 per 100,000 so that's a
more than 10-fold increase um in the
1980s 1990s 1970s even going back to the
Heron crisis 1960s the primary problem
was the health effects of drugs drugs
were simply not that likely to kill you
today drugs can kill you and that is
because the drug supply has become much
more potent that represents in my view a
technological change people have heard a
lot about the synthetic opioid fentanyl
fentanyl is like not a new substance um
if anyone who has listening to this
podcast has had an epidural they have
probably been administered fenal
we've known how to make it since the
early 1960s fentanyl though is a
synthetic drug which is means that it is
made from simple ingredients in a lab
you don't have to go in a field you have
to Holden to the growing season you
don't have to worry about spy planes the
precursor chemicals are incredibly cheap
you can Source them online no questions
asked and so it was a superior product
on many dimensions that at some point in
the past 10 years drug trafficking
organizations in the America figured out
how to synthesize um in large quantities
and how to move in large quantities and
so the exponential increase in deaths is
down of a the spread of fentanyl into
the drug Supply and B another synthetic
drug that is under discussed here which
is methamphetamine also spreading into
the drug Supply the common factor being
a
transition from organic methods of drug
production to much more efficient much
more effective synthetic methods of drug
production what we are up against in the
current drug crisis Isis is a
technological change and I think that's
true across the spectrum of Isis that
you can understand Sports gambling on
the phone as a technological improvement
over Sports gambling in the casino that
the high potency marijuana that is
causing so many of the problems with
legalization is something that has been
made possible by increasing efficiency
in the legal marijuana Market
facilitated by legalization that let big
marijuana growers can just grow better
pot more potent more high THC pot and so
I think across the spectrum of vices of
drugs that we use but also non-drug
viices we are seeing much more potent
forms facilitated by modern technology
and that's the problem that we're
dealing with I'm interested in this I
think this is a really fascinating way
of framing it because I've I've heard
this and thought about this with things
like fentanyl I mean you said a second
ago that these gangs and traffickers
have figured out how to use it in how to
move it in large quantities in the
Americas
but the thing about it is it compared to
other things that came before it you
don't need to move it in large
quantities that the amount of heroin you
needed to addict a city and the amount
of fentanyl you need to addict a city at
the same
level is what it's like a hundredth of
the amount yeah there are estimates that
say the total fentanyl consumption in
the United States is sub 10 tons right
you can move it in a couple of trucks so
so that is terrifying and and it's part
of I think in a way that people don't
always recognize why it's quite hard to
crack down on the trafficking it's just
easier to traffic baggies trafficking
marijuana is not that easy it's a lot of
garbage bags of marijuana to keep a lot
of people um supplied but I'm interested
in in the way you draw that out right I
I take your point that Sports gambling
on the phone is more efficient than
Sports gambling in the casino porography
obviously has gotten a lot better and
more accessible from when you had to
like rent a VHS tape or or go to a
theater and and sit in a little booth
you know and there are things that we
don't I think think of as viic at this
level but actually do concern me the
immersive quality of massive online
video games and the amount of time
people could spend on them has just made
them a very different kind of product
than when I was jamming on Mario
Brothers 3 on a Super
Nintendo there is these categories of
things ranging from illegal to
semi-legal to totally legal that as they
get better and better and better and
better and more concentrated and more
portable and more always
available that I don't think we know
what to do about them and also they
develop constituencies that that can
defend them under perfectly reasonable
arguments like I like playing video
games or you know ketamine is good for
my anxiety and I'm not wildly addicted
to it and so why should I not be able to
get it I mean I I actually find these
issues very very hard because for a lot
of people these things are part of a
good life not a negative life and then
there are people for whom they're
somewhere between life impairing and all
the way up to life
destroying yeah I think that that is
correct and that's the central challenge
of drugs and of viic more generally that
the best argument for drugs being widely
available are twofold one is that people
like doing drugs they're fun and the
other one is that we should leave people
the heck alone and I think those are
both like fairly strong arguments in the
American liberal tradition I think like
it is not an unreasonable position to
take and the best way to respond to them
in mind is to say look even though your
eye can plausibly use alcohol or
marijuana or Methamphetamine or heroin
or Sports gambling safely there are
people who cannot in any given
population of users the risks of harm
are not evenly distributed and that's
true for marijuana that's true for
alcohol that true for as terms of heroin
the sort of best estimates are only
about 30% of first-time heroin users are
going to proceed to addiction I would
not encourage any of your listeners to
try heroin on this basis but that's sort
of the estimate the point being that
it's a probabilistic thing and there are
real benefits to the consumption of
these substances and the little benefit
that I get out of use of those
substances and we can talk about what
the regulation should look like the
little benefit that I get out of the use
of substance is not necessarily worth
the enormous cost to my fellow citizen I
can frame that argument in other ways
you know I can say that the state has a
legitimate interest in a certain degree
of if not abstinence then sobriety that
addiction impairs our ability to be
functioning citizens in a way that the
state is legitimate interest in for
stalling but I do think at at root
you're right that there is a tradeoff
and the only real way in my mind to get
around that tradeoff to say yeah it has
to be worth it at least for some
substances at least some of the time I
find myself more and more confused in
this discussion than I feel I've been in
the past but but let me sort of try to
press on points of it that I'm
struggling with so let's cut off for a
minute the most lethal segment of the
market right the opioids
methamphetamine when you talk about many
of these other things some of them are
fun and some of them are more meaningful
to people than that on the one hand the
the point you're making that both the
profits of lot of this and the
harms concentrate on a subfraction of
the population I've had a lot of people
I love have very serious alcohol use
disorder and whatever is happening in
their brain when they drink is not
happening in mine this is not virtue
there's something not happening in my
brain that is happening in their brain
and so the costs are falling on them and
and I've watched those costs fall with
Incredible
force and then some of these other
things right you you mentioned
psychedelics earlier
they can be fun and they can also be
incredibly profound and mystical and
people have experiences on them that
that are some of the most you know we
know from survey data meaningful of
their life or you know I both know
people for whom ketamine is fun and I
know people for whom ketamine is a
stabilizing
force or as much as I'm sort of down on
crypto I understand that a lot of people
in there are in there for an ideological
and hopeful View that they're building
something that can become a very
important technological layer of the
future and so sure right now what you're
looking at is functionally a currency
gambling market and a volatile asset
Market but a lot of things begin you
know as the famous the line goes as toys
and later become utilities and these
people see themselves as building the
the future alcohol helps people dance
and enjoy each other parties right it's
not just fun it does build
community and I don't really know how to
weigh all this I I think just kind of
saying well it's fun puts it in in a box
for yeah I mean if it's just fun who
cares but these things become
significant parts of people's life um
some things we're talking about strike
me as much better for people than
alcohol frankly i''d be much more uh
comfortable with there being widespread
access to products with psilocybin in it
that than alcohol one of my hopes with
cannabis legalization was that you would
see a substitution away from alcohol
we've not seen that at all we've just
seen a huge rise in in Daily cannabis
use I don't know how to balance all all
that but what does strike me is we are
very inconsistent about it right and I
think that is the core of the issue and
there's something very American about
that that we are very All or Nothing in
part because we are
a
Libertarian culture and I don't mean
that as sort of a political thing I mean
that in America we are much more
concerned with individual liberty have
been for 200 years it's part of what
makes America my view the greatest
nation on Earth but it also has produces
challenges particularly in this space
and when you talk about sort of that
moderation that sort of space between I
think that is the thing that we struggle
with
conceptually I'll talk about for example
you talked about psychedelics in my mind
I am persuaded by the research evidence
the clinical evidence that psychedelics
are efficacious for variety of
indications I think they're good for
that I would like to see more people
have access to cocy in in a medically
appropriate environment I'm also
persuaded by the evidence from the same
studies that says cybin and other
psychic drugs are quite dangerous that
they can do real and Lasting harmed
people particularly people who have
prior serious mental illness but I think
that from a policy perspective what you
always want to be aiming for is
somewhere the middle um Mark kimman the
public policy scholar has this concept
of what he talks about is grudging
Toleration he observes this for drugs
like cigarettes and alcohol drugs that
were not going to prohibit and he
extends this back in the 1990s to
marijuana I think it still makes sense
today to say look the fact that these
drugs are legal does not mean that we
should not regulate them and does not
mean that we should not
be keep a certain degree of social
approbation upon them when you think
about cigarettes as I think a great
example where we have come to a Point as
a country where cigarette smoking is
actually deeply stigmatized and I tend
to think that's good because cigarettes
were quite bad um they are aggressively
taxed they are far more regulated that
took a really long time to get to
because in large part of the sort of
core libertarian arguments so I think
that it is telling to go back to this
American Paradigm that we cannot talk
about psychedelics in this sort of
medical middle of the road instead we
are in Colorado Oregon potentially in
Mass Metts this November simply going to
create low regulation gray markets or
white markets in these substances that's
not the middle of the road that's a very
libertarian attitude you know I
recognize that there are real benefits
to consumption of these substances I
think that the harms tend to fall
disproportionately
on the least of us on the most
disadvantaged of us on those who are
already suffering from serious mental
illness and so what you want to do is
try to find that middle ground
regulatory morally not always but I
think that we really struggle to find
that middle ground As Americans this is
not a problem that many European nations
have they're actually many European
nations are quite good at navigating
this middle ground but we culturally
struggle with it we don't know how to go
for anything but pure prohibition versus
pure legalization yeah and I guess I
would add some other things that have
made me more pessimistic here than I
used to be so you're saying that we're
quite libertarian Nation I I would say
in a way we the thing that worries me
more is that we're quite capitalistic
nation and what worries me about
cannabis the way it has gone and I was
close with Mark kimman we were friends
he was a fellow blogger I was at UCLA
when he was there right he's like a
revered um policy mind to me and and his
loss continues to Echo everything he
feared basically came to pass we I used
to talk to him about marijuana
legalization back when when that hadn't
quite happened yet and he would tell me
like the thing you have to be afraid of
is commercialization the thing you have
to try to figure out how to do is not
let this get commercialized because once
the uh Genius of American capitalism
gets to it it's going to become so much
more potent it's going to be marketed in
in all these crazy ways and you sees
with everything um you know Vapes emerge
and the the sort of early round of
thinking about them is hey maybe this is
a great harm reduction strategy for
people addicted to cigarettes and now
you get them in caught in candy flavors
you know it's like blue Sparkleberry and
they have little like you know stars
that light up when you smoke them
they've made them into a toy right they
you cannot invent a smoking device that
is more targeted towards children than a
cotton candy thing that lights up with
little stars when you smoke it it's
unbelievable to watch when I walk into
um a cannabis shop and and I love
getting a a package of Caminos and you
know I'm not a heavy cannabis user but
but I do sometimes um but you can walk
into that and and you see the pod of
what's being offered and we don't really
understand what products of of this kind
of THC potency do to people and so as
somebody who actually does not just want
to see psychedelics made available for
medical use is not just excited about
them as a major depression treatment but
but actually thinks they are a thing
that can be a really powerful part of
people's lives including well
people when I look at what has happened
with cannabis and I think about our
inability to regulate the things
effectively and what happens when these
companies that have been Venture funded
to the tunes of tens or hundreds of
millions of dollars and are trying to
file patents left and right and are
going to try to commercialize and market
and and alter the subsides in every way
they possibly can to get a market
advantage that terrifies me you have a
piece about how you changed your mind on
on cannabis legalization I thought it
makes an interesting point which is that
we thought and this was the argument
everybody was making we'd be able to
regulate it and we've not been able to
and part of the reason is that
particularly when there's already a
powerful elicit Market if you come into
something and you regulate it and so you
make the regulated price much higher and
you make the regulated thing harder to
get then the elicent market just takes
over but has a lot more Supply and has a
lot more access and there's going to be
less interest in cracking down on it um
you've seen that in in New York where
they are starting to do some crackdowns
but there's a huge number of illegal
shops that we just don't seem to have
the capability or at least have not yet
yet shown it of being in these in these
middle places where you can actually
regulate the thing and control the
market because controlling the market
would then require a huge amount of
enforcement on something you just tried
to make semi-legal and nobody really
wants to do that right and to remind
your listeners I work for a conservative
think tank I'm clearly conservative on a
number of issues and I would say I am in
many regards an unrepentant capitalist I
think capitalism is a fantastic system
it's the best system we've created it's
lift billions of people out of poverty
yeah yeah yeah man we know yeah yeah we
love those things but here comes the
butt the point about drugs I think is an
important one that you know the the way
that capitalism works is it aligns the
interest of the buyer and the seller and
that is good in so far as what is in the
interest of the buyer or the seller is
good for them in the case of addictive
harmful substances what is in the
interest of the buyer is not necessarily
to continue to consume the product even
if the seller is willing to sell it to
him but I think that you
are fighting Upstream against that basic
dynamic in legal markets that the
dynamic that you were talking about a
second ago that we have seen in the
marijuana Marketplace is one in which
where there are attempts however anemic
to regulate marijuana people substitute
into the illicit Marketplace quite
comfortably the thing that needs to be
done to reduce the scale of the elicit
Marketplace moreover is politically
deeply unpopular IE do enforcement
arguably more enforcement than is
necessary under prohibition because
prohibition simply issuing the statement
that such and such substance is legal
does a lot of work for you it for cluses
access to credit it makes it hard to
engage at the rest of the market Etc
that was a succinct version but I think
this Dynamic it's not just a cultural
thing there are also structural Dynamics
structural reasons that it is hard to
control markets and vice the argument
that I make in that piece that you
allude to is that part of the case for
prohibiting something like marijuana is
just that prohibition is dumb and dumb
stuff works that once you start
regulating stuff it's a real uphill
battle to avoid regulatory capture to
make the regulation exactly what you
need to work well it took us decades to
make cigarette regulation kind of work
and by the way cigarettes still kill
hundreds of thousands of people a year
so it's not like we've done that well
the same thing is true of alcohol where
there are more alcohol involved deaths
every year than there are all illicit
drugs combined and we regulate alcohol
and it took us a long time to do that
too and so when you talk about marijuana
you talk about psychedelics I think you
should be alarmed by scrolling on
Instagram and seeing an advertisement
for a camine clinic or at home camine
use uh I think this death of Matthew
Perry yeah I think the death of Matthew
Perry really has shaped that discourse
is working people up to the fact that
even in that space there's a difference
between people using their friends in
the backyard and set and setting and all
of that and what happens when somebody
is selling it to you on social media I
think that is an inescapable part well
the the Matthew Perry thing was not a
social media sales situation but I I I
take your point this is maybe a place to
bring in that other class I cut out
before which is the the drugs that cause
in very high numbers death so these
synthetic opioids um increasingly
methamphetamin means and here too I find
myself very confused on on what to do
because presumably people don't want to
die and so one argument for a long time
has been that you know if you give
people a safer Supply right they're not
getting things they don't understand
that they don't know how to dose because
the quantity of fentanyl is unknown in
it but on the other hand you know I
think our experiences if you make things
more accessible more people are going to
access them how do you think about about
this has become a big obviously Topic in
the presidential campaign but for all
the people talk in the campaign about
fentanyl I've not seen really frankly
either campaign release a policy that
seems to me to be appropriate to the
scale of the problem or represent any
new thinking in a real way about the
problem yes and I think that's been true
for a long time that everyone is willing
to see the drug crisis as proving their
assumptions and nobody's willing to see
it as the problem that it is because
that's much harder um that's a criticism
I have across the board you know I think
there is and you've alluded to a sort of
set of policy prescriptions that to
their credit try to take on this issue
of deaths headon these are what sort of
get broadly lumped under the category of
harm reduction I do not think those
interventions where tried have been
borne out the illustrative example is
that Canada has in fact implemented
safer Supply British Columbia has supp
programs in addition to a whole host of
harm reduction programs in addition to
supervised consumption sites needle
distribution Naran distribution you name
it they've got it and they also have
Skyhigh overdose death rates when you
talk about something like giving people
access to safer drugs it's that probably
works in what do you talk as a high
barrier context um if you put people on
what's called heroin assisted treatment
when you give people dial morphine in a
clinic they do somewhat better their
risk of ERS goes down somewhat if you
make that program too big though people
start moving product on the street they
start taking the dietal morphine from
the government and selling it to other
people and using the money to score
heroin that is cheaper it's a little bit
like dealing with a public option in
drugs and that has all of the effects of
a public option on the price and
availability of drugs but it doesn't
really do much to change the underlying
drug using Behavior because the problem
is in actually knowledge it's that
people are addicted to deadly substances
and they will keep using those deadly
substances so you've talked about the
the Oregon law and decriminalization
there and I think it's widely seen to be
a failure but there was a a study in
September that was published by the
American Medical association's online
journal and researchers tried to
disentangle the spike in in overdose
deaths and the the sort of coming of
fentanyl into Oregon I think you among
others have noted that fentanyl has this
weird thing where it's been moving east
to west in the country and they said
that drug liberalization was actually
better than people think but that that
was sort of wiped out at least in the
data by the rise of fentanyl did you see
that study and what did you think of it
yeah I'm going to give you the nerdy
answer and then I'm going to give you
the big picture answer and I I I know
the study that you were talking about
this is the study that says the the
result is confounded by the spread of
feny right yes yeah I know the study
that you're talking about I actually
know several the guys who wrote it and I
like them but I think they're missing
the Mark um the nerdy answer is that
by attempting to control for the spread
of fentanyl in Oregon you are
controlling away one of the channels by
which decriminalization could affect
overdose deaths that one model is that
the effect of decriminalization on over
deaths is confounded by the spop fenol
but another model is that part of what
decriminalization did was exacerbate or
induce the spread of Fentanyl and I
don't think you can differentiate
between the two so I'm skeptical that
that what that
study is actually showing but this gets
to sort of a bigger point which is that
what is really telling to me in the
literature on decrim Oregon and actually
my read of the literature on
decriminalization in Portugal and
generally is that specifically with
regard to Oregon there are at this point
I think three peer-reviewed studies and
one of them finds an increase in overo
deaths and to find there's no increase
in over stats there has not yet been a
study that concludes that there is a
reduction over to Deaths associated with
decriminalization the Portuguese
literature is a little more over the
board but I think you can read it in
such a way that the central tendency is
there is no effect of Portuguese
decriminalization under deaths and what
that says to me is that the core
argument made for decriminalization
across the board is that the problem is
not really the drugs the problem is the
criminal treatment of the drugs and I
just don't think that's borne out by the
evidence I think that if there is no
effect then what that tells us is that
it was never really about Prohibition
itself it was always about I think in my
mind obviously the fact that drugs kill
people in different ways Trump Vance
Harris and walls have all when I've
heard them publicly made an argument
focusing on the ability to stop Supply
from coming into the United States that
we can do more on the border we can have
these machines we can increase law
enforcement we can get mad at China we
can get mad at
Mexico do you buy in this world where we
synthetic drugs that can be made in labs
and moved in fairly small quantities do
you buy that there is a level of
anti-smuggling or anti-trafficking
policy that could be effective to
substantially change the
trajectory you can't do nothing and I
think that the steps that we have taken
to do better at interdicting at the
border the pressure that both
administrations Trump Administration B
Administration have tried to place on
China to reduce the export precursors
are sort of necessary but never ever
going to be sufficient to the problem
and that's
because you are dealing with such a
profound change in the drug Supply that
you have to get it right an unrealistic
fraction of the time if you're dealing
with such a small quantity of fentanyl
crossing the border you have to
interdict it successfully basically
every single time otherwise there's no
impact if you are dealing with such
widely available precursor chemicals you
have to shut it down not just in China
but also in India potentially Nigeria or
South Africa it is such a dramatically
challenging problem to try to put it
succinctly under this new paradigm we
have to take much more seriously the
problem of addiction as such that it is
more imperative than ever to get people
off of drugs um that that's sort of the
thing that we talked about for a long
time but it was less urgent when we were
dealing with People's Health it is much
more urgent today when 100,000 people
are dying every year it's different from
the harm reduction model it's also
different from the War on Drugs model
which I tend to think gets a bad rap but
was
ultimately not all that successful in
curbing a host of problems but focusing
on preventing people from getting on
drugs through prevention and focusing on
getting people off of drugs through
aggressive evidence-based medication
assisted often or at least sometimes
compulsory treatment is I think the best
strategy that we have available I've
talked about British Columbia next door
to British Columbia Alberta the province
in Canada has a similar drug problem and
they have responded by implementing many
of the policies that I would like to see
implemented the data is still unclear we
we don't fully know what it looks like
but the early indications are that drug
eror deaths are going down in Alberta
and I think that that is a sign that if
you focus on recovery you focus on
treatment and you make that a priority
and you say you are going to get clean
whether you want to or not and we are
going to be committed to keeping you
clean you could have a real impact on
this problem you've described the
structural problem here as technological
that that we've had a lot of
technological advance in drugs without a
sort of corresponding advance in like
human biology right or social
organization I am typically skeptical
across a lot of facets of of human life
that when technology gets better and
better and better and better that you
can really do all that much by just kind
of trying to change social mores right I
don't think telling people to grayscale
their phones is going to and smartphone
addiction I don't think telling them
pornography is bad is going to do much
for pornography
consumption and one thing that I've
heard people
say is that we do not put nearly enough
into trying to create counter
technological advances so the you know
I've heard people argue for operation
warp speeds but for anti- addiction
drugs we have some things that that I
know you're skeptical of their long-term
efficacy like Narcan which can reverse
an opioid overdose there's some early uh
interesting evidence on you know the OIC
class of of of drugs that it might help
a little bit for for things like alcohol
use do we need some kind of moonshot
program on this set of things and to
accept that
prohibition and social sanction and
yelling at people and even treatment is
just not going to be enough given that
the pace of technological innovation and
synthetic drugs is not going to go away
if somebody wants to write the10 billion
check I'm sure not going to say no but I
am skeptical that we will get there in
any appreciable time look we you know we
have medication assisted treatment we
have a variety of medication assisted
treatments for opioid use disorder they
have gotten better we now have long
acting injectable formulations which are
just huge and the spread of those to
treatment programs is I think
systematically underrated that we should
be willing to do much much more with
long acting injectables we still don't
have any medication assisted treatment
for stimulant use disorder for cocaine
and methamphetamine we've been trying to
get them for years and years and years
and years you know I think the gp1 drugs
have some potential there's certainly
lots of anecdotes about it I think what
little clinical science we have right
now says they might be particularly good
for alcohol use disorder which is great
potentially less useful for use disorder
although that could change I would be
really happy to be wrong like I I I
think it would be great if I were wrong
but I am by no means optimistic that
tomorrow we will discover a substance
that cures addiction if for no other
reason then you know addiction is a
profound and multi-dimensional
phenomenon it has biological correlates
social correlates I tend to think about
addiction as in some senses a rational
Behavior response to certain set of
incentives and so while we have tools
that can blunt that Dynamic it is always
going to be more than biological and so
I am skeptical that we will produce
purely biological solutions to it
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I want to come back to this issue of
disorder so cities right now are
struggling with these problems but but
what should the role of the police
actually be because cracking down on
these kinds of petty crimes or this
disorder it does create problems
racially discriminatory policing a lot
of contacts between police and and often
young black men sometimes tragic
contacts between them I think that's
part of what led to an ideological shift
here so how do you think about that this
idea that the disorder might be bad but
the cost of enforcing it is also High
there's a really interesting history
there and I don't want to get too in the
weeds but you know I think that struggle
is not new the struggle between the
benefits of petty crime enforcement and
the costs of petty crime enforcement or
disordering enforcement um roll the
clock back at this point 50 years the
way that people thought about policing
this is 1970s 1980s people thought about
policing predominantly as the job of the
police is to respond to Major Crimes uh
which they learn about through the
emergency call system they spend a lot
of the time in their cars they aren't
really out engaging with the community
and we have such a big major crime
problem at this point that why would we
even worry about the little stuff well
the clock forward 20 years to the 1990s
the emergence of the term that we have
not used but it's sort of gerine to this
conversation is broken windows policing
which is often understood to mean
although I will argue in a second
probably should not be understood as but
often understood to mean enforcing
against minor crimes is a way to control
Major Crimes the adoption of those
strategies in some shape or form I think
is a key component of at least in some
places the scale of the crime decline
that we saw in the 1990s the dramatic
reductions in violence that made
American cities livable once again um
Franklin zimmering the criminologist has
a book called the city that became safe
which is about New York's experience
specifically and he argues the reason
that new New York in particular
experienced such a large decline even
relative to the rest of the country is
because of its adoption of these tactics
under Rudy Giuliani and then
subsequently Mike Bloomberg but that of
course breeds its own backlash because
people start to notice that in some way
shape or form these are often very
aggressive tactics there are two
objections here one is that there is
something objectionable about the
policing of minor behavior per se
of going after people for something that
just doesn't seem like a big deal and
the other objection is that in many
cases this activity ends up looking
racially disproportionate if you're a
young black man in Chicago New York you
said a lot of your time getting stopped
and frisked so you know I think that
that criticism of that strategy
absolutely has driven changes in
policing behavior in some senses the
fight over stop and frisk in New York
and Chicago helped Drive the entire
police Reform movement the way in my
mind to out of that tension is to go
back to what broken windows policing is
about if you go back and read what James
Q Wilson George Kelling wrote about in
the 1980s uh what Kelling would
subsequently write about with Katherine
Kohl's in his book on buring wood is
policing and what other Advocates of
Community Based policing people like
Bill Bratton talk about they are often
quite skeptical of the most intensive
forms of the strategy the the
illustrative example I like to give is
that at the end of the Giuliani
Administration NYPD was doing 100,000
stop and frisks a year in the Bloomberg
Administration they were doing 700,000
stop and frisks a year and I don't
actually know an NYPD cop who won't say
privately that that was maybe a little
too many but part of the reason that
they think the intensity is wrong is
that the vision is not really simply we
must crack down on disorder and the more
disorder enforcement we do the better
it's rather
that Community disorder breeds a spiral
of dysfunction that can eventually
produce crime and that the way to undo
it is for the cops to be a collaborative
partner with the community in
identifying problems remediating those
problems and thereby empowering the
community to police itself that sounds
like kind of wishy-washy almost but I do
think it is what we were trying to get
at what the Braton era NYPD was often
successful at doing and is probably the
way around this sort of tension that let
me make this distinction a little clear
because it came up in in one of your
papers and I thought it was interesting
that in terms of different approaches to
managing disorder that have been studied
you make uh a cut here one set of things
had been studied you call I think
community- based problem solving and the
other is order
maintenance and as I could sort of
understand it but you should describe it
in more detail Community Based problem
solving is actually saying here is a
thing like Fair jumping or a park that
has a lot of open air drug dealing and
we're going to implement some set of
policies to end that thing and Order
maintenance is more this sort of running
after people stopping and frisking them
just sort of putting pressure on any
visible individual instance of disorder
and you say that sort of evidence for
the former is a lot better than the
latter so so talk me through that yeah
and that claim is based on a recently
updated metaanalysis that was published
earlier this year I think in the journal
criminology that looks something like 60
studies and says if you take the problem
oriented approach you get pretty good
results if you take the aggressive order
maintenance approach you don't get very
good results so the sort of key idea
here I think is we tend to think about
crime in terms of individual offenses um
so and so did such and such to whomever
there was a legal consequence for that
but that's actually not how the real
world Works things are never so neatly
defined criminal categories do not carve
nature at the joints much more often
there are humans who interact they have
problematic relationships there are
environmental sources of problems that
need to be redressed there's a
sociologist sort of founding father of
sociology policing Egon bner who is a
line that everybody loves which is the
role of the police is defined by the use
of force in situations that ought not to
be happening about which someone ought
to do something right now and that
recognizes the sort of problem oriented
nature of reality that there aren't like
distret crimes there are problems that
have to be solved and so often when you
are thinking about this community-based
model you start by saying what are the
problems the community is dealing with
is it disorder is it violence is it drug
dealing and then you say what can we do
to reduce the scope of these problems is
it changing something about the built
environment Peter moscos who's a
professor at John J cuni has a great
book coming out on the crime decline in
New York and he has a great story from
that book about the collaboration
between the NYPD and the Bryant Park
Corporation to clean up Bryant Park in
Manhattan so much of what they did was
not arresting people it was making
Bryant Park more open spending time in
cleaning it up making it the kind of
environment that was more aggressively
surveilled by the public in a way that
reduced the burden on the
NYPD this ends up sounding I think in
some applications a lot like the sort of
reimagine the police types but you know
the important distinction is that the
police are a key part of this to go back
to the Bitner definition the use of
force is going to be necessary to some
degree to bring people back into line
sometimes that means major arrest
sometimes it means ticketing people what
it means is saying what is the level of
force that we need to apply in order to
get the job done but I think when you do
that when you adopt this problem
oriented model your policing is much
more aligned with both the community and
so legitimacy goes up but also with the
way that the world actually works you
become much less reactive much more
proactive and you have a beneficial
impact on crime in the process there's a
tension here though that I think we've
become more alert to which is I think
you could frame it different ways but
let's call it here between Collective
benefit and individual cost and maybe
I'll use here the example of fair
jumping in the New York City Subways
which is something that uh I've had a
lot of discussions about even just with
friends and the nature of the discussion
I often find is that there's an
agreement that it's bad on a lot of
levels including simply that the uh
Subway is not getting Revenue
that so many people just sort of jump
the fair right and the fact that they're
jumping the fair jumping the Turn Style
in front of sometimes police at least
earlier I was seeing that happen but
certainly Subway employees you know
creates a kind of visual
disorder but there's real cost to you
know police running down teenagers who
honestly really aren't hurting anybody
that much right I mean yes like it would
be nice for the MTA to get the fair but
it's not the end of the world and
there's a really high cost to these
teenagers having a bunch of interactions
with the law enforcement system um at
the max level you can get shootouts in
the subway which actually happened
recently I mean there were other
circumstances in that but still and so
there has emerged I think a seriousness
about why you might want to reduce the
number of point contacts between
individuals and law enforcement and so
particularly when the individual is
doing something which is maybe annoying
to the rest of us but it's not actively
violently harmful I think for a lot of
people there's been an ideological move
to say I would rather take the uh modest
rise in disorder I would take a lot of
public urination to avoid one um
unnecessary shooting for instance to to
put that in strongest terms how do you
think about that yeah I think this
Dynamic plays out across disorder
whether it is fair beating whether it is
uh Street encampment Street sleeping
sleeping rough whether it is public drug
use um whether it is public defecation
is this individual instance really worth
it and the response to that is no it is
not in the individual in the unit case
worth it but disorder doesn't exist in
the unit case that when you leave it
unchecked disorder grows that one tent
left unchecked grows into five or 10 or
Phoenix recently cleared its homeless
encampment that at its greatest extent
was called The Zone its greatest extent
it was called there were something like
a thousand people living in it that the
dynamic of disorder is such that if you
think about it on the unit level you
miss that growth the problem gets big um
it's a little bit like my wife is a
teacher and I was talking to her about
this the other night and she said it's
just like dealing with late homework is
it a big deal if you let a kid slide
once on his late homework no it's not
really but if you him slide every time
then systematically he is late and then
that impacts the other students you get
these outsize problems that said right I
mean there you know there are costs of
exposing people to the criminal Jus
system you can do stuff to mitigate
those costs you can say we're going to
limit what the cops do we're going to
limit the intensity with which people
are punished afterwards whether you get
a desk appearance ticket versus you
actually get arrested there too though
think that you have to be careful to
think in what I think about as Dynamic
systems terms rather than unit terms um
not to foreshadow my book recommendation
from later on but Mark kimman talks
about the case of the squeegee men in
New York City that there's a big problem
the 1990s where there were these guys
who come up to cars park stop cars on
the street spray the window wipe them
down and then aggressively demand money
from the guys in the car from the driver
and kimman says in the mid90s the
Giuliani Administration said okay we're
going to crack down on the squeegee men
instead of just like ticketing them
we're going to arrest them we're going
to go through the whole rigoll we're
going to make this like our big push
this week and what happens is because
they're very public about it they're
very aggressive about it for a short
period of time there's a burst of
enforcement and it turns out that like
there actually aren't that many squeegee
men they like pick them all up the cost
of being a squeegee man goes up and they
just stop doing it and from there the
problem becomes trivial to enforce you
spend very few police resources on
dealing with scen but also the problem
goes away so in some senses what you
want to do in a situation like that the
thing that minimizes police interaction
with civilians over time is not
necessarily doing very little right now
when the problem is little before it
gets big the thing that minimizes police
interactions over time is focusing
aggressively on the issue in the moment
until it is no longer an issue at which
point you aren't going to have those
interactions that are potentially risky
so that's like you know that's a systems
way of thinking about it rather than a
unit way of thinking about it but I
think it is better off in the aggregate
but that is easier to think about with
squeegee men than it is with homeless
encampments uh where you don't have
enough places for people to live or
shelter beds in a place like San
Francisco easier than it is with drug
use which definitely does have a
tendency to just reemerge somewhere else
I mean people who are addicted to to
heroin or regularly using fentanyl or
methamphetamines I mean as you know
better than me they're going to try to
figure out a way to to to get the drugs
they need to avoid
withdrawal I I could kind of buy this
for something like Fair jumping right I
I buy the way in which uh people jump in
over turn Styles if they get a couple
tickets and you know they they sort of
begin to see this is not going to be
tolerated it could go down quite
dramatically but I think for the things
that have tipped a lot of people's
feelings disorder into a place of if not
emergency a highly Salient political
issue it isn't that easy and and the
cost to you know breaking up these
homeless encampments repeatedly and you
know taking people stuff and you know
putting people in jail for using drugs
and I mean those things are real so how
do you think about it you know layered
up to these more significant
problems I think that if you want to
deal with those problems
the solution is not exhaustively
policing or is not even primarily
policing I don't actually know a police
officer who thinks that that is true
that those people need access to
treatment we can talk about what that
looks like but that in the
meantime their behaviors generate
harmful externalities and you need to do
something about them open air drug
markets generate violence disorder
dysfunction they generate public health
hazards uncontrolled camping generates
violence disorder dun function public
health hazards and so when you think
about the cost and benefits of dealing
with those issues you are trying to
mitigate the externalities you're trying
to shift people into ways of engaging in
those same behaviors that are less
socially harmful you're trying to get
people to Camp over here and not over
there you're trying to get people to use
drugs out of sight rather than in the
presence of everyone else you are trying
to make drug dealing more discreet I
also think that we have evidence that
you can successfully reduce the extent
of this Behavior without spillovers the
canonical example in the drug space is
what's called a drug Market
intervention where what you do is you
identify in a drug Market of
sufficiently small size the dealers who
are driving the market and you say we
would like you to get out of the game we
were going to shut down your Market we
will help you get a new job if you would
like to and if not you're going into
prison for a very long time and while
they don't always work such
interventions in for example High Point
North Carolina CH an early experiment in
linnn Massachusetts um have had
meaningful success in reducing the
visibility and the extent of crime
associated with drug use without
inducing the kind of substitution and
that's the point right like the role of
policing those situations is not
necessarily to cut to the root of the
problem to deal with the underlying
problem Behavior it's to deal with the
public externalities of that behavior
which at sufficient concentration are
substantial and deserving of attention
and then always our final question what
are three books you'd recommend to the
audience the first one is a lot of the
ideas I talked about particularly early
in this conversation come from the work
of the political scientist James Q
Wilson arguably the most influential
political scientist of the 20th century
my personal ideological hero and his
collection of essays thinking about
crime was really influential on how I
think about crime so I think if you want
to understand particularly a right leing
perspective but is a social science and
for perspective the second book I was
going to plug uh Mark climens when Brute
Force fails which is a response to James
K Wilson's book but instead I'll
actually go with Mark kleinman's work on
drug policy his book against excess
which is in my mind the most
analytically sound articulation of how
to think about drug policy I've ever
read just across the board it is a dense
book but if you want to have the sort of
nuanced view on
how we optimize between the harms of
drugs and harms of drug enforcement
that's the book to read then the third
one is a little more fun but I think you
know when I talk to young people and I'm
really still a young person but when I
talk to that crime and disorder and all
of these issues I talk to them about the
history of it because I think they don't
remember what American cities used to be
like and the book that I recommend to
understand the sort of peak of urban
dysfunction in America is Tom W bonfire
the vanities which is you know his
sendup of urban American life in the
1980s and I think is a parody but is
also in many ways true to reality and
says a lot about today's urban life as
well Charles Fain Layman thank you very
much thanks for having me
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Ask follow-up questions or revisit key timestamps.
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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