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War on Drugs, Aliens Swells Federal Prisons
Incarceration Levels Hit All-Time High
May 31, 2000

By Hans H. Chen




WASHINGTON (APBnews.com) -- America's continuing campaigns against illicit
drugs and illegal immigrants have driven the number of federal inmates above
100,000 for the first time, overworking agents, overwhelming judges and
overcrowding prisons.

Armed federal agents from 66 different departments launched investigations
against 115,692 people in 1998, 5 percent more than the 110,034
investigations in 1997, according to the 1998 Compendium of Federal Justice
Statistics, a report released today by the U.S. Justice Department's Bureau
of Justice Statistics.

For the first time this year, the annual compendium, which tracks trends in
the federal justice system from investigation to trial to appeal, collected
and compared arrest data from each federal law enforcement agency.

Agents made 106,139 arrests in 1998. The U.S. Marshals Service, responsible
for collecting fugitives and executing arrest warrants for other federal
agencies, led all the other agencies with 28,618 arrests. The Immigration
and Naturalization Service (INS) arrested 24,143. The FBI came in a distant
third with 11,659 arrests, followed closely by the Drug Enforcement
Administration (DEA), with 11,153 arrests.

Drug convicts likely to be sentenced


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 Drugs produced a significant impact on all areas of the federal criminal
justice system.

The number of defendants prosecuted in federal courts rose 12.7 percent in
1998, from 69,351 in 1997 to 78,172 in 1998. Nearly 40 percent of that
increase came from an increase in federal drug charges. Federal prosecutors
were more likely to pursue drug cases than any other offense, and drug
convicts were also the most likely to be sentenced to prison after a guilty
plea or verdict.

Ninety-two percent of the federal drug convicts were sentenced to serve
time, compared to 91 percent of violent felony convicts, and 83 percent of
"public order" offenders such as tax evaders, racketeers, weapons
traffickers and violators of federal regulations. Drug offenders made up the
greatest bulk, 58 percent, of federal prisoners.

Some have criticized the war on drugs as pointless, misguided and expensive.
But the National Office on Drug Control Policy defended the growing number
of arrests and drug enforcement resources.

"That social disapproval, including the work that law enforcement does, is
one of the ways that parents and teachers and ministers and coaches and
mentors are armed to help kids stay off drugs," said Bob Weiner, a spokesman
for the office.

INS grows to largest agency

More aggressive immigration enforcement has also had a significant impact on
federal courts and prisons.

The INS increased its number of suspects under investigation by 50 percent
last year. Increases in immigration cases made up 29 percent of the federal
increase in prosecutions last year.

The INS has grown explosively in the past several years and is now the
largest law enforcement agency in Washington. The Border Patrol, the INS'
largest division, has grown from 3,920 agents in 1993 to 7,714 agents in
1998.

"The objective is to regain control of borders and restore credibility for
our nation's immigration policy," said Russ Bergeron, an INS spokesman.

'Cases are going to end up in court'

But regaining control of America's borders and fighting a drug war comes at
a cost.

"When there's an increase in prosecutions, or an increase in arrests, people
need to realize that these cases are going to end up in court," said David
Sellers, a spokesman for the Administrative Office of the U.S. Courts. "And
we need more resources, or the federal courts could become the choking point
of the system."

The number of cases pending in federal district courts increased 52.3
percent from 28,738 cases in 1995 to 43,689 in 1999. The problem is
especially severe along the Southwest border, where frightened, confused
illegal immigrants are paraded, assembly-line fashion, in front of
overworked judges.

The number of immigration cases here has grown 125 percent since 1994 and
drug cases have doubled. Since 1994, DEA personnel have increased 155
percent, Border Patrol personnel have doubled, and INS personnel has risen
93 percent. Meanwhile, Sellers said, the number of judges and magistrates
rose only 4 percent.

Decrease in pretrial release

Overcrowding is also a problem for the Federal Bureau of Prisons (BOP). With
96 institutions, the BOP is still running 34 percent over capacity and
constructing 12 more facilities for an extra 12,516 beds.

"We've seen record numbers of inmates coming into our system on both monthly
evaluations and yearly reviews of intakes," said Scott Wolfson, a BOP
spokesman. "The numbers continue to increase for us."

The compendium also reported that:

A third of all arrests were for "public-order" charges: illegal immigration,
federal regulation violations and racketeering and tax violations. Drug
arrests made up 29 percent of arrests, property crimes 16 percent, parole
and probation violations 15 percent, violent crimes 5 percent and secure
witness supervision 3 percent.
About 43 percent of all federal defendants in 1998 were released on bail or
other forms of pretrial release, down from 62 percent in 1997.
Federal prosecutors won guilty verdicts in 90 percent of their felony cases.
Seventy-one percent of those convicted in federal court were sent to prison,
with an average sentence of 58.8 months.
Seventeen percent of federal convicts appealed at least part of their
verdict, down from 21 percent in 1994. Appeals courts upheld the district
court ruling, at least in part, in 82 percent of the appeals.


Hans H. Chen is an APBnews.com staff writer ([EMAIL PROTECTED]).


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