Legal briefs

Crime

In 2021, Oregon decriminalized drug possession. Recently, the decriminalization law was reversed, but between 2021 and 2024, Oregonians could legally possess not just marijuana but all drugs, including fentanyl. A recent study looked at the impact decriminalization had on drug users and their interactions with the criminal justice system. First, the study found that 87% of Oregon drug users didn’t even know that drug possession had been legalized. Legal or not didn’t make much difference to them. The study also reported that 74% of drug users had continued involvement in the criminal justice system. This figure included any involvement, including stops by police. Sixty-three percent of drug users in the study were charged with crimes other than drug possession. The authors concluded that “despite drug decriminalization, the majority of people who use drugs in our study reported significant criminal legal system engagement.”

Illicit drug use, or substance use disorder, or whatever you want to call it, is different than criminogenic behavior. The two are, however, tightly related. The overwhelming number of people that use drugs commit other crimes as well. They are criminals who use drugs. Deviant people are deviant across multiple domains. It is a myth that legalizing drugs will fix the crime problem. You can read the study here.

More crime

A recent study in Ohio shows an inverse relationship between the percentage of married mothers and the violent crime rate in neighborhoods. To put it differently, as the percentage of single mothers in an area increases, so does the violent crime rate.

This does not mean that single mothers cause violent crime. Far from it. Solid research has yet to discern why this association occurs. The article containing the study speculates about some reasons: that “single-parent families with children are apt to make frequent residential moves and to live in unsafe neighborhoods as a result of family disruptions;” that having only one parent available for supervision leaves young people freer to fall in with the wrong crowd; or that perhaps the reason the mother is single is because the father of her children is a criminal that she doesn’t want around, but who has nonetheless negatively impacted the children.

Still more crime

Indianapolis has had record homicides for the last several years. In 2024, there were 209 murders in the city, the fifth year in a row of over 200. In the first month of 2025, there were 45 people shot and 18 people stabbed. Fifteen of the victims died.

Indiana State Representative, Andrew Ireland, who represents parts of Marion County in the city of Indianapolis, recently conducted a poll of his constituents asking the following question: should our state government take more action to address violent crime in Marion County? Nearly 75% of those surveyed said yes.

Separation of powers

Last week, new U.S. Attorney General, Pam Bondi, vowed to discontinue the use of Special Counsels by the U.S. Department of Justice to investigate and prosecute sensitive cases. You may recall that after Trump became the target of several special counsels, their legality was challenged as a violation of the separation of powers. One Federal District Court Judge ruled that the appointment of a Special Counsel to prosecute Trump for the classified documents case was unconstitutional. I wrote an extensive piece about that judge’s opinion and the history of such appointments. In case you missed it, you can read that piece here.

More separation of powers

The Indiana Senate passed a bill recently to ban DEI bureaucracies in the state university system and state agencies. The Indiana House is expected to take up the measure soon. This move follows an executive order by Governor Braun to ban DEI in state executive agencies. Assuming passage by the Legislature, the Indiana Supreme Court would be the only branch of Indiana government continuing with a DEI division. Neither the Governor nor the Legislature, due to the separation of powers, can mandate the Court to disband the agency. The Court itself will need to do that….

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