Identify the zero tolerance definition. Explore examples and criticisms of zero tolerance laws and policies in the education, court, and prison systems.
Updated: 11/21/2023
Zero Tolerance | Definition, Law & Policy
Table of Contents
- Zero Tolerance Definition
- Zero Tolerance Laws: State and Federal
- Zero Tolerance in Schools
- Zero Tolerance Policies in the Workplace
- Criticisms of Zero Tolerance
- Lesson Summary
Frequently Asked Questions
What is the zero tolerance law for alcohol?
A zero tolerance law for alcohol is a law that completely prohibits the consumption or possession of alcohol in various settings. Common applications include DUI laws, school policies, and workplace policies.
Do all states have zero tolerance laws?
Yes, all states have zero tolerance laws. However, states still have the ability to choose whether to keep or create these laws. For example, all 50 states have a zero tolerance law regarding driving while intoxicated while under the legal drinking age, but only 11 states have zero tolerance laws regarding driving while intoxicated for those above the legal drinking age.
Table of Contents
- Zero Tolerance Definition
- Zero Tolerance Laws: State and Federal
- Zero Tolerance in Schools
- Zero Tolerance Policies in the Workplace
- Criticisms of Zero Tolerance
- Lesson Summary
Zero tolerance is a phrase that is generally used in reference to laws and polices. In this context, ''zero tolerance law'' means a refusal to accept any level of law-breaking or non-compliant behavior, resulting in a minimum level of punishment.
What is Zero Tolerance Policy?
A zero tolerance policy is a law or policy that disallows any level of participation in the action that the policy references. In lawmaking, zero tolerance is commonly utilized in DUI laws.
Zero tolerance is also commonly used in policy making, particularly sentencing. Mandatory minimum sentencing is a sentencing structure that requires a person convicted of a crime to receive a pre-defined sentence, regardless of the details of the crime. This methodology of assigning consequences is commonly used for drug- or gun-related crimes.
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What Does the Zero Tolerance Law State?
Federal Laws and Policies
Zero tolerance laws were introduced to the federal sentencing structure in the 1980s as a direct result of the War on Drugs. These laws were created in an attempt to deter drug use and ease the caseload on federal courts.
The use of zero tolerance laws spread following the Columbine shooting in 1999 when two students at Columbine High School brought firearms to school with the intent to kill, resulting in the death of 12 students, one teacher, and themselves. Public outcry brought attention to the lack of national anti-violence policies in federal courts.
Although zero tolerance policies had been considered and enacted outside of the purpose of violence and drug use prevention, these two events are the foundation of zero tolerance laws and led to their widespread use today.
Federally, zero tolerance laws are particularly strict with respect to firearms. Possession, sale, transport, and theft of firearms are all heavily regulated.
Federal law disallows the possession of firearms by an individual if any one of the following criteria are met:
- The individual has been convicted in any US court for any crime with a sentence exceeding one year
- The individual is an active fugitive from justice
- The individual is verifiably addicted to any controlled substance
- The individual has been convicted of an offense against a family member, intimate partner, or household member within the past 5 years
- The individual is subject to a court order that:
- Is currently active
- Has not been acknowledged
- Restrains the individual from harassing, stalking, assaulting, or otherwise threatening the petitioner of the court order or some other named individual
- Specifically requires the individual to relinquish possession of any firearms
The above also applies to anyone who wishes to sell or transport firearms. Additionally, those who plan to sell or transport firearms must be properly licensed to do so. The transportation or sale of stolen firearms or firearm ammunition is punishable by a fine, at minimum, and up to 10 years in prison, provided the individual is aware the firearm is stolen. Other prohibitors of firearm use include:
- Involuntary hospitalization or commitment to a mental health or substance abuse institution by a lawful authority
- The individual is found to be a threat to self or others by a lawful authority
- The individual is under the permissible age of firearm possession (18 years old)
- Unlawful immigration to the United States
- Dishonorable discharge from the United States Armed Forces
- Renounced citizenship
- Unlawful possession within a federally recognized school zone
State Laws and Policies
States have also chosen to enact zero tolerance laws and policies, particularly mandatory minimum sentencing in reference to drugs and gun violence.
In the state of Arizona, the legal limit of blood-alcohol content is .08, but due to the zero tolerance policy, officers may arrest individuals who seem impaired regardless of their tested blood-alcohol content. There is also mandatory minimum sentencing associated with DUIs, which includes a minimum of 6 months to 4 years in prison for felony DUIs. DUI zero tolerance policies are among the most common zero tolerance policies enacted by states.
Trump Administration's Zero Tolerance Policy
In April of 2018, the Trump administration enacted a zero tolerance policy regarding illegal immigration at the US-Mexico border. This policy promoted the immediate prosecution of anyone found illegally crossing the border, resulting in the separation of adults from children. Previously, these cases were often handled using civil deportation proceedings.
This decision overwhelmed the already bloated immigration courts and resulted in the separation of parents from children for months at a time. This policy was met with backlash from both sides, with the Democratic caucus suggesting that penalties be lessened, and the Republican caucus suggesting that detention centers be created to hold families as a whole.
An estimated 10,000 people traveling in family groups were arrested at the border in April 2018 following this policy decision. The Trump administration defended their focus on separating families by arguing that it would act as a deterrent for illegal immigration, despite recent all-time low numbers of illegal immigration as reported by border control officials. This policy decision was highly criticized and was the focus of nationwide protests.
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Zero tolerance policies are increasingly common in schools as well. Stemming from policies intended to deter weapons in schools, zero tolerance policies in the education system have extended to all facets of discipline, including student interpersonal conflict, vandalism, and drugs.
The Gun-Free Schools Act, a federal law applying to any state that receives federal funding, requires local educational boards to enforce a mandatory minimum punishment of one-year expulsion for the possession of a firearm on school property. This act follows the logic of "broken windows" theory, which argues that controlling smaller, highly visible crimes will prevent larger and more damaging crimes; for example, arresting the perpetrators who broke a window may help prevent other crimes such as robberies in the area.
Applying zero tolerance policies elsewhere is up to the discretion of each state and school system, but many have chosen to apply minimum punishments of suspension and expulsion to offenses such as:
- Bringing any weapon to school, including prop/toy weapons and eating utensils
- Having any alcohol or drugs on campus, including prescribed and over-the-counter medications not previously approved by the school
- Any inter-student fighting, where all parties involved are punished regardless of nature of involvement
- Threats of any kind toward other students or teachers
- Any action that can be perceived as insubordination
Many schools that choose to enact zero tolerance policies will punish students without further thought or review of their actions. Research has shown that, much like broken windows theory, zero tolerance policies in schools are not effective in preventing future offenses and also result in negative outcomes for students.
Such policies reinforce the school-to-prison-pipeline, which is the observance of children being pushed from the school system directly into the prison system. These policies disproportionately affect students of color and exacerbate existing issues of inequality. Research has shown that these policies often result in minority students, particularly African American students, being targeted for less severe or more subjective offenses.
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Zero tolerance policies are applied in workplaces similarly to how they are applied in schools. No tolerance policy offenses that may warrant immediate reprimand, suspension, or firing include:
- Use of alcohol or drugs on company property
- Arriving to work under the influence of any non-prescribed drug
- Unauthorized use of company email accounts or programs
- Theft of company property or property of other employees
- Violation of confidentiality agreements
- Sexual misconduct
- Awarding raises, promotions, or bonuses for monetary or sexual favors
Prior to disciplinary action, companies will usually conduct an internal investigation with or without the knowledge of the employee being investigated.
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Policies that are applied broadly rarely escape criticism, and zero tolerance policies are no exception. Common criticisms of these policies include:
- Lack of scientific evidence of effectiveness
- Disproportionate punishment
- Supporting the school-to-prison pipeline
- Favoring speed of resolution and punishment over rehabilitation
- Painting broad strokes over issues that should be judged on a case-by-case basis
Criticisms of the use of zero tolerance policies in schools are the most prolific due to their direct impact on the criminal justice system. Criticisms include:
- The school-to-prison-pipeline negatively impacts school-aged children, particularly minority children.
- These children are forced to pause their education to serve out their punishment, putting them far behind their peers and causing mental distress.
- Upon return to school, many are bullied and ostracized by their fellow students, leading to further antisocial and delinquent behavior that may snowball out of control.
Zero tolerance policies in schools give little thought to the outcomes of students and lead them down dangerous paths that are difficult to recover from.
Zero tolerance policies are also heavily criticized in the criminal justice system. Criticisms include:
- Research has shown that there is little merit to the use of these policies, particularly when it comes to the War on Drugs and broken windows theory.
- The War on Drugs has been considered a failed policy plan by many experts due to the lack of reduction in drug use and trade, an increase in incarceration, lack of focus on harm reduction, and failure to prevent prolific drug abuse.
- Zero tolerance drug policies have failed to deliver on their intended purpose while causing additional problems.
- The broken windows theory has been debunked by experts as a non-functional policy structure due to the lack of evidence to support its efficacy in reducing crime rates.
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Zero tolerance is a structure used in policies and laws that requires specific, predetermined outcomes for wrongdoings. Within the criminal justice system, zero tolerance is often applied to drug, gun, and immigration offenses. Zero tolerance policies are present within the education system and the workplace as well, usually applying to both illegal and non-lawbreaking offenses. Criticisms aimed at zero tolerance policies usually point to the lack of evidence to support their efficacy, an increase in negative outcomes, and lack of consideration for each individual case.
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Additional Info
Zero Tolerance
You've probably heard about 'zero tolerance' before. You may even know someone who was suspended or expelled from school as a result of these policies. Maybe it was fair that they received the punishment. Then again, maybe not.
Zero tolerance is rooted in a strong stance based on public opinion towards a specific type of crime or infraction, and it mandates a specified course of action for those infractions. It may take the form of state or federal laws with pre-defined penalties, known as mandatory minimum sentences, or policies in the workplace or school system with strict, outlined consequences for violations.
Zero Tolerance Laws: State and Federal
The vast majority of criminal laws that use the framework of zero tolerance are written regarding driving a vehicle under the influence of alcohol and/or drugs. In some states, these laws have been applied or written to include non-motorized vehicles, such as golf carts and bicycles.
Other terms that may be used and that vary by state for these crimes are:
- DUI: Driving Under the Influence
- DWI: Driving While Intoxicated
- OWI: Operating (a motor vehicle) While Intoxicated
- OUI: Operating (a motor vehicle) Under the Influence
In contrast, most federal zero tolerance laws are in relation to the possession, sale, transport, or theft of guns and rifles. If a convicted felon is found to have a firearm, it is considered a serious crime, particularly if the crimes the individual was convicted of are violent crimes. These crimes generally warrant a minimum sentence of ten years imprisonment or more in some cases.
Zero Tolerance Policies in the Workplace
Employers who utilize zero tolerance policies have deemed specific violations so serious that they are not forgivable, and generally warrant immediate dismissal of the employee. These policies may include termination for:
- Arriving to work drunk or high
- Operating a vehicle on behalf of the company while drunk or high
- Doing drugs or drinking alcohol on company premises
- Awarding raises or promotions based on bribes or sexual favors
- Sexual assault of a coworker
- Theft
- Disclosure, theft, sale, or other improper handling of protected or confidential information of clients and/or employees
If it is found that an employee did break these rules, there is often some form of investigation conducted within the company first, followed by the termination of the employee.
Zero Tolerance Policies in Education
Many public and private schools have zero tolerance policies. These policies are generally regarding the behavior and actions of students while on school grounds. Fighting on school grounds in many districts may be cause for suspension and/or expulsion, based on these policies. Threatening the lives of students, teachers, and/or school administrators may also be cause for expulsion based on zero tolerance. Bringing or making drugs, drug paraphernalia, weapons, weapon accessories, explosive devices or other specified items onto school grounds may also warrant enforcement of the policies. Private schools may enforce even more rules with zero tolerance for infractions as a result of their exclusive enrollment policies.
Criticisms of Zero Tolerance
With any policy there are criticisms of its application, especially when the policy is applied to situations that it was clearly not designed to handle. A few examples of this would be:
- A student being expelled for bringing Tylenol to school in Maine;
- A man arrested for driving a golf cart while intoxicated in California;
- A South Carolina student suspended for using the term gun on social media in reference to a fictional story about a dinosaur.
Criticisms of zero tolerance policies are largely focused on their application in schools because the effects of these policies have a direct link to the criminal justice system. This link connects students who are pushed out of schools due to overzealous policies and then end up in the prison system. This phenomena is known as the school-to-prison-pipeline, which predominantly - and disproportionately - affects minority public school students and has been well-documented for over a decade. The argument is that students are forced to drop out of school as a result of being suspended or expelled for breaking rules. When they're kicked out, they are often handcuffed and removed from school by police in front of their peers, a mechanism of public shaming that is highly traumatic. After they're kicked out, they have limited options to finish their education. With few job options or other legitimate things to do, they become involved in criminal activities.
Lesson Summary
Zero tolerance is a framework of policies, rules, or laws that mandate a specified course of action. In the legal system, these laws are often in relation to drunk driving or firearms violations. In the workplace, these are often in relation to drug or alcohol abuse on the job, sexual assault of employees, theft, or other serious offenses. In the education system, these are policies deemed by the school that warrant immediate suspension or expulsion of the student. Criticisms of zero tolerance policies are focused mostly on educational disciplinary policies, and are seen as being too harsh and imposed disproportionately on minority students. Some argue that these policies also are responsible for students that are forced out of the school system being directed into the prison system.
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Zero Tolerance | Definition, Law & Policy
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