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Reefer Madness: Broken Windows Policing and Misdemeanor Marijuana Arrests in New York City, 1989-2000


Bernard E. Harcourt


Columbia University

Jens Ludwig


Georgetown University - Public Policy Institute (GPPI); National Bureau of Economic Research (NBER); Institute for the Study of Labor (IZA)


Criminology and Public Policy, 2007
U of Chicago Law & Economics, Olin Working Paper No. 317
U of Chicago, Public Law Working Paper No. 142

Abstract:     
The pattern of misdemeanor marijuana arrests in New York City since the introduction of "broken windows" policing in 1994 is remarkable. By the year 2000, arrests on misdemeanor charges of smoking marijuana in public view (MPV) had reached 51,267 for the city, up 2,670 percent from 1,851 arrests in 1994. In 2000, misdemeanor MPV arrests accounted for 15 percent of all felony and misdemeanor arrests in New York City and 92 percent of total marijuana-related arrests in the State of New York. In addition, the pattern of arrests disproportionately targeted African-Americans and Hispanics.

In this paper, we analyze the MPV arrest data. Building on our previous research on broken windows policing and, using a number of different statistical approaches on the MPV arrest data, we find no good evidence that the MPV arrests are associated with reductions in serious violent or property crimes in the city. As a result New York City's marijuana policing strategy seems likely to simply divert scarce police resources away from more effective approaches that research suggests is capable of reducing real crime.

One reform that we discuss concerns the legal standard of review in cases involving such pronounced racial or ethnic disparities in the criminal justice system: Courts reviewing claims of racial or ethnic discrimination in policing, where the prima facie evidence of discrimination cuts across several layers of outcomes (arrest, detention, conviction, and additional incarceration) should relax the requirement that the complainant prove actual discriminatory intent on the part of a particular actor, and instead allow for an inference of intent where the government has failed to justify or explain a number of those disparities. This change would effectively shift the burden of explaining gross disparities on the party with the most complete information.

Number of Pages in PDF File: 22

Keywords: broken windows theory, broken windows policing, New York City, policing, zero-tolerance, MTO, Moving To Oppportunity, disorder and crime, drugs, marijuana, marijuana arrests, drug control policy, New York City drug arrests, racial discrimination, equal protection , Batson, discriminatory intent

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Date posted: December 5, 2006  

Suggested Citation

Harcourt, Bernard E. and Ludwig, Jens, Reefer Madness: Broken Windows Policing and Misdemeanor Marijuana Arrests in New York City, 1989-2000. Criminology and Public Policy, 2007; U of Chicago Law & Economics, Olin Working Paper No. 317; U of Chicago, Public Law Working Paper No. 142. Available at SSRN: http://ssrn.com/abstract=948753

Contact Information

Bernard E. Harcourt (Contact Author)
Columbia University ( email )
Jerome Green Hall, Room 515
435 West 116th Street
New York, NY 10027
United States
HOME PAGE: http://www.law.columbia.edu/fac/Bernard_Harcourt
Jens Ludwig
Georgetown University - Public Policy Institute (GPPI) ( email )
3600 N Street, NW Suite 200
Washington, DC 20057
United States
National Bureau of Economic Research (NBER)
1050 Massachusetts Avenue
Cambridge, MA 02138
United States
Institute for the Study of Labor (IZA)
P.O. Box 7240
Bonn, D-53072
Germany
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