Police Magazine Logo
MenuMENU
SearchSEARCH

The Fallacy of the Nonviolent Offender

About 33 percent of so-called "nonviolent" offenders have a history of arrests for violent crimes.

September 17, 2009
The Fallacy of the Nonviolent Offender

http://www.flickr.com/photos/stillburning/ / CC BY-NC 2.0

4 min to read


If you listen to prison reform advocates in this country, you'll hear that our state pens are full of nonviolent drug users who got smacked down by "The Man" because they were huffing up some stems and seeds in a bong.

That's the argument that a number of newspapers and political figures are using to advance the idea that we should release some prisoners early to reduce prison overcrowding and save money.

Ad Loading...

That argument is dangerous to you and the people you serve.

First, in most states, Joe the Stoner does not go to the pen; he goes to drug rehab or diversion (or he goes home because hardly anybody prosecutes stoners anymore). And everyone advancing this argument should know that to be the case: After all, they are the ones who established alternative drug sentencing in the first place.

The "nonviolent" offenders populating our prisons are not college students caught with dime bags. They are dangerous people who fall into two classes: those who actually committed nonviolent offenses and were convicted of those offenses or those who plea-bargained down from other offenses-likely violent offenses-and were convicted of a nonviolent offense.

"Nonviolent" offenders sent to penitentiaries are not nice people. They could have committed any of the following crimes and still be classified "nonviolent": burglary, breaking and entering, grand theft auto, identity theft, drug trafficking, and the list goes on and on.

And remember, these are just the crimes that got them convicted. It's not hard to imagine that the guy busted for drug trafficking was maybe carrying an illegal concealed weapon at the same time he was collared for slinging rock cocaine and maybe there's strong evidence that he used that gun to throw a few rounds at a rival. Facing an assault with a deadly weapon charge, our drug trafficker is advised by his public defender to cop a plea to selling rock cocaine. Presto! He is now a nonviolent offender.

Ad Loading...

Here's all you really need to know about so-called nonviolent offenders. In 2004 the Bureau of Justice Statistics studied nonviolent offenders exiting state prisons. Here's the highlights of that study:

  • Some 95 percent of these inmates had been arrested prior to the arrest that sent them to prison

  • About 33 percent of "nonviolent" offenders had a history of arrests for violent crimes

  • Eight percent of nonviolent offenders used a weapon during their "nonviolent" offense

  • Approximately 70 percent of nonviolent offenders are rearrested within three years

These are the people that prison reformers and bean counters want to put back on the street. You will have to clean up the mess. And it will get very messy.

Consider these two guys who were classified as "nonviolent" offenders by the legal system.

Patrick Tracy Burris-This lovely dude recently killed five people in a serial shooting spree in Gaffney, S.C. He was shot and killed by Gastonia, N.C., officers who tried to arrest him for an unrelated offense. One of those officers was shot in the leg.

Ad Loading...

Burris had a rap sheet reportedly 25 pages long, but no convictions for "violent" offenses.

Charles Samuel-Although he should have been imprisoned for life under California's three strikes law, Samuel was free on the streets of Los Angeles on July 26 when 17-year-old Lily Burk was carjacked, kidnapped, and murdered. Samuel has been charged with the crime.

Samuel's first two strikes were residential robbery and burglary. So he had two serious felonies on his record, one violent. In 2006, Samuel was charged with petty theft in Los Angeles. Even though his third strike was a minor nonviolent offense, L.A. County prosecutors could have sent Samuel away for life. But district attorney Steve Cooley has an unofficial policy of not pursuing a third strike for a minor offense because he doesn't want to be in the paper defending the prosecution of some homeless convict for stealing a slice of pizza. So as far as L.A. County was concerned, Samuel was a "nonviolent" offender, even though he had previously committed violent felonies.

The next time somebody tells you that it's a great idea to let "nonviolent" offenders out of prison, tell them about Lily Burk and the five people murdered in Gaffney. Then tell them to shut up.

Topics:Patrol
Subscribe to our newsletter

More Patrol

Black small medical bag with supplies and a tourniquet at right on a wood table and a large headline at left What Should Be In Your IFAK?
Patrolby Wayne ParhamMay 1, 2026

What Should Be in Your IFAK?

What should every officer include in an IFAK? Sydney Vail, M.D., a veteran trauma surgeon and former SWAT surgeon, explains which components are needed and which are not, and stresses training.

Read More →
flashlight turn un and submerged in puddle with rain falling.
PatrolApril 30, 2026

Olight Releases 2 New Baton Variants & the ArkPro Ultra Onyx Black

Olight has added two new lights to the Baton Series, the Baton 4 and the Baton Ultra. One new Baton features up to 1,600 lumens on turbo, and the other 1,800.

Read More →
Black tactical helmet with bright explosion behind it to the left, Team Wendy logo top right, and headline Recon Tactical Bump Helmet
PatrolApril 30, 2026

Team Wendy Reveals New RECON Tactical Bump Helmet

Team Wendy’s new RECON Tactical bump helmet is configurable by color, retention, and accessories for rescue, tactical, and military mission needs. It features Zorbium foam pads, shell vents, and lattice cooling pads that balance impact absorption, airflow, and long-wear support.

Read More →
Ad Loading...
Black military style leather boot against a blue cobblestone background with a white Garmont Tactical logo.
PatrolApril 30, 2026

Garmont Tactical Introduces the T8 Specter LE Zip for LE Professionals

Garmont Tactical has a new 8-inch duty boot with a side zipper, the T8 Specter LE Zip. The boot is available now and features ankle support in a standard duty profile with polishable leather.

Read More →
Streamlight searchlight and a scene light on a tripod set against a darkened street scene and Streamlight logo across the top.
PatrolApril 30, 2026

Streamlight Launches LiteBox 1Million & Portable Scene Light III

Streamlight has launched the Portable Scene Light III (PSL III), which delivers up to 10,000 lumens, and the LiteBox 1Million, a one-million-candela long-range search light.

Read More →
Two camo magazine puches against a blue tinted police background and a logo for Tasmanian Tiger.
PatrolApril 22, 2026

Tasmanian Tiger Introduces the TT SGL Mag Pouch Clamp M4

Tasmanian Tiger has launched the TT SGL Mag Pouch Clamp M4, an open magazine pouch engineered for M4/AR-15 platforms that integrates a plastic clamping device for secure retention and fast magazine deployment.

Read More →
Ad Loading...
Police officer in a darkened hallway holding a flashlight and headline 5 Things to Know When Buying Patrol Lights, and POLICE logo.
PatrolApril 16, 2026

5 Things to Know When Buying Patrol Lights

Whether it’s time to buy a personal patrol light or make the decision for the next department-issued patrol light, what do you need to know? How do you weigh the different variables and make the best choice?

Read More →
Group of men and women seated in a circle around a room as one woman stands and leads discussion.
PatrolApril 9, 2026

Warriors Heart’s Mission to Serve America’s Veterans and First Responders

Warriors Heart works closely with federal and community partners to expand treatment options for veterans and first responders. By combining specialized clinical care with a peer-driven recovery environment, the program helps warriors rebuild strength, restore relationships, and rediscover purpose.

Read More →
Black background with police card lights and logo for POLICE, with headline in yellow: How are LE Boots Different for Women
Patrolby Wayne ParhamApril 9, 2026

How are LE Boots Different for Women?

Boots fit differently for men and women, so how are law enforcement boots for women designed differently from those worn by men? In this video, Kyle Ferdyn, of Garmont Tactical, shares all the details.

Read More →
Ad Loading...
Man standing in desert talking on radio.
PatrolApril 9, 2026

Motorola Solutions Extends Resilient, Mission-Critical Communications and AI with T-Satellite from T-Mobile

A collaboration between Motorola Solutions and T-Mobile helps deliver uninterrupted situational awareness and access to AI wherever the mission leads, enabled by satellite connectivity for Motorola Solutions' APX NEXT smart radios.

Read More →