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RACE AND THE ENFORCEMENT OF DRUG DELIVERY LAWS IN ...

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an empirical matter, however, it does not appear that the focus on outdoor drug<br />

venues explains much of the observed racial disparity in Seattle’s arrest<br />

outcomes.<br />

It is clearly the case that the SPD focuses on outdoor drug markets: over threefourths<br />

(78 percent) of the delivery arrests took place outdoors, only 15.6 percent<br />

took place indoors (in either a public or private place) and another 6.4 percent in<br />

occurred in vehicles. Most (70.5 percent) of those arrested outdoors were black.<br />

There is also evidence that blacks are somewhat more likely to deliver drugs<br />

outdoors than indoors. For example, the results of the needle exchange survey<br />

indicate that 9.9 percent of those who provided drugs to needle exchangers<br />

indoors, but 17.7 percent of those who provided drugs to needle exchangers<br />

outdoors, were black. Conversely, 57.5 percent of those who provided narcotics<br />

to needle exchangers indoors, but 48.5 percent of those who provided needle<br />

exchangers with narcotics outdoors, were white. Thus, the evidence indicates<br />

that blacks are more involved in outdoor drug delivery than indoor drug<br />

delivery, and that the SPD concentrates on the former.<br />

However, it is not the case that the racial composition of those arrested indoors<br />

was markedly different than the racial composition of those arrested outdoors.<br />

Indeed, a majority of those arrested indoors (52.3 percent) and in vehicles (61.1<br />

percent) were black. Although the share of outdoor arrestees who were black<br />

was even larger than the black share of indoor and vehicle arrestees, a majority of<br />

those arrested indoors, outdoors, and in vehicles were black. Thus, if the SPD shifted its<br />

focus to indoor drug venues but held all other priorities and practices constant,<br />

the racial composition of Seattle drug delivery arrestees would change somewhat<br />

(from 70 to 52 percent black), but significant racial disparity would remain.<br />

Specifically, if we assume that the racial composition of those arrested indoors<br />

was the racial composition of all drug arrestees, the black serious drug delivery<br />

arrest rate would still be more than 16 times higher than the white serious drug<br />

delivery arrest rate. Thus, while the SPD’s focus on outdoor markets exacerbates<br />

racial disparity in drug arrests, it is not a fundamental cause of that disparity.<br />

HYPO<strong>THE</strong>SIS 3: RACIAL DISPROPORTIONALITY <strong>IN</strong> <strong>DRUG</strong> ARRESTS STEMS<br />

FROM CONCENTRATION <strong>OF</strong> <strong>DRUG</strong> LAW <strong>ENFORCEMENT</strong> RESOURCES DOWNTOWN<br />

It is conceivable that racially disparate arrest outcomes are a function of the<br />

concentration of drug law enforcement resources downtown. Specifically, it<br />

might be argued that the concentration of drug law enforcement resources<br />

downtown leads to racial disparity in drug arrests if a significant majority of<br />

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