Osler's Razor

I don't expect that many Baylor students are going to movies this week, but once finals are over at least a few might want to go see Denzel Washington in American Gangster. It's the story of Frank Lucas, who rose to the top of New York's heroin trade in the 1970's. The presence of Denzel Washington is a good reason to see the movie, of course, but I'm fascinated by the subject matter as well. One great thing about teaching and studying criminal law is that it is always around us, both in the news and popular culture.

Lucas was not alone; he was one of several heroin overlords who rose to prominence at about the same time. In Detroit, for example, the local Frank Lucas was Butch Jones, who helped destroy the city while creating a new paradigm for criminal groups. His gang, Young Boys, Inc., created horrifying innovations such as using juveniles to handle the drugs.

One thing the movie illustrates is that not all drug dealers are equally dangerous. It is those who are innovators, leaders, and good businessmen who create the most societal damage. Some criminals are much more successful than others, and if we care about controlling crime we need to prioritize those most important targets. One reason that I have worked against the 100-1 powder-crack ratio in federal sentencing (which actually was taken out of the sentencing guidelines last week) is that it creates exactly the opposite incentive for law enforcement, since crack dealers are at the bottom of the criminal network leading to crack sales.