Criminal Justice and the Crime Problem - Case Study Example

Report on Criminal Justice and the Crime Problem This report examines the nexus between crime and drugs. Introduction: While it is often believed that drugs are major stimulants for crimes and it is also possible that crimes may, in turn lead to enhanced supply and use of drugs. Although criminologists and medical practitioners have alluded to drug induced crimes, solid evidence to establish cause and effect theory between crime and drugs may not be forthcoming. Therefore, a more localised study would be necessary to work out the nexus between how drugs and crimes underpin each other. Before going in to the details of the crime –drugs nexus, it is necessary to seek the aetiology of drug use. Aetiology of drug use: Drug uses are mainly caused by: 1. Socio-economic deficiencies combined with “social psychological theories “that affects one’s personality and interaction with fellow humans. (Drugs and Crime: Criminal Justice and the criminal problem: If drugs cause crime, what causes drug use). 2. Lifelong addiction to drugs caused by pathological disorders 3. Hedonistic way of life seeking drug use along with sex, alcohol and manifestations of other deviant behaviour. 4. Genetic addiction patterns when, either one or both parents are/were drug users. 5. Peer pressures, ennui and the need to experience something different. It is now necessary to consider the types of crimes that could be drug induced. These could be differentiated into two types: 1. Crimes committed by individuals 2.Crimes relating to drug markets Under the first grouping, individuals may commit crimes under direct influence of drugs. This could be violent or non-violent means of gaining goods or money. Often compulsive drug users commit crimes to buy more drugs for use, for themselves and groups. Further, drugs could be used to strengthen group relationships and to establish better member rapport. Dealing with drugs and drug taking through strong preventive and punitive measures could exacerbate the situation and lead to more complexities. Therefore, it is necessary that cases of individual committing crimes after taken drugs be established. Coming to the second part, crimes related to drugs in the market could be: Money laundering or dealing with counterfeit currency notes Terrorist acts, both within and outside the country - Global and domestic terrorism Graft and corruption crimes Drug syndicates could sponsor political coups and destabilise democratic governments to protect or further economic interests in these countries. “Organised crime and other types of trafficking” in women and child labour, arms and armaments, drug trafficking and cross border infiltrations by militants. (Drugs and Crime: Criminal Justice and the criminal problem: Drug related crime). This report seeks to find out whether there is a clear nexus between drugs and crimes and if so what the factors that underpin it. It has been established beyond doubt that crime and drugs are interrelated since research has provide that “Criminals test positive for drug use (NEW-ADAM, Probation monitoring)” (Drugs and Crime: Criminal Justice and the criminal problem: Drugs cause crime: further evidence). Crimes could also be drug free: However, it would be farfetched to suggest that drugs induce crimes. This because it is quite possible to carry out crimes without the use of drugs , or to use drugs without indulging in criminal activities, although using illicit drugs may be considered a type of crime. For the purpose of our report, it is necessary to first categorise drug induced crimes into the following broad categories: Psychopharmacological crimes Economic compulsive crimes Systemic crimes Drug law offences (Drugs and Crimes: A Complex Relationship. 2007). Psychopharmacological crimes: These types of crimes are carried out under influence of some psychoactive products, which could be induced through use of strong stimulants. These drug groups render the consumer aggressive and displaying high level of antisocial behaviour patterns that could culminate in to crimes, depending upon situational factors. It is also possible that the perpetrator may be in a state of mental disorientation and not having adequate control over mental faculties, or though processes while indulging in this type of drug induced crimes. Another aspect could be in terms of the fact that these drug groups could enhance performance under its influence. Economic compulsive crimes: The economic factor underpins such drug induced crimes. Invariably, the person commits crimes to obtain funds to take care of his drug habits. His sponsors may pay him either in drugs or money. While the aspect of desperation is manifest in this category, such as inveterate drug user who cannot do without drugs, there could be lower or higher variations, some may resort to selling their blood, or organs for drug money and some may indulge in petty crimes like shoplifting, street robbery or mugging to sustain their drug habits. Others may however use legitimate means like saving, selling household goods or cutting expenses to nurture their drug habits. The basic idea behind economic compulsive crimes is to obtain money, or money’s worth to imbibe drugs- through legitimate or illegitimate means. Systemic crimes: It refers to organised crimes carried out to defend and foster the illegal drug trade. This could be in terms of group violence, killing, assaults and destruction of personal or government property at the behest of drug overlords. Since illicit drug business is banned in most countries, the drug promoters have to use the illicit markets, paying bribes and using underworld influences to further their trade links and enforce their regime on the country’s administration. “Violence as a strategy of control is used in various situations including territorial disputes, punishment for fraud, debt collection and clashes with the police.” (Drugs and Crimes: Systemic Crimes. 2007). It is often believed that such crimes are responses from market demand and supply theories, in that there are periodical lulls and peaks in drug trafficking with concomitant changes in profitability, market acceptance and societal acceptance or rejections of aggressive conduct. A critical aspect of this category would lie in the fact that systemic crimes takes into account the market, and not individual actions. Under systemic drug induced crimes, organisational aspects superimposed on individual issues and it invokes drug related violence on a larger scale. Drug law offences: It is necessary that States need to draft and enforce robust laws that could effectively deal with drug menace. It could also be seen in terms of the fact that over enforcement of laws could exacerbate a sensitively delicate situation and render the drug traffic underground, thereby making the tasks of law enforcers even more challenging. The laws need to serve to protect the law abiding and innocent citizens, especially the youth community, from the dread of drug abuse. It needs more to be deterrent and not punitive. Drug offence may carry death penalty: It could also be seen in terms of the fact that lawmakers have provided rigorous punishment for drug dealings. In some countries, illicit drug traders face death penalty, and in others, the minimum sentence could be a lifetime in jail, depending upon the class of drugs dealt in. This fact is contrasted in the fact that drug trafficking is still booming business, and provides enormous profits and luxurious lifestyles to its operators. Drug abuse has other impacts also. When the lawmakers and regulator pin heavy toll on illicit drugs and its control, with a state Anti- drug and narcotic cells being mobilised for its control and enforcement, the funds may be directed to these areas, at the cost of lower sanctions to less critical areas. As a result of this, there are possibilities for several contingencies: Criminals falling outside the purview of illegal drugs may face lesser sentences or more lenient punishments. Over enforcement of laws may , in turn render it ineffective and criminals may devise ways and means to circumvent such laws, however robust or resilient it may appear to be. When higher resource allocations are made to drug enforcement laws, it would, in effect, reduce funds in other important, yet non critical areas, which may impact its future performance. The Government’s efforts to control illegal drugs need to be reviewed in the light of the fact that, in most cases, reports speak of combined crimes committed under the influence of alcohol, drugs and tobacco. It would be far fetched to devise laws considering drug trade in isolation without the ill effects that could be brought about by tobacco, alcohol, drugs or a combination of all. Conclusions: When considering the aspects of drug related crime, it is necessary to consider that the main aspect of drug- crime nexus to be correctly established and evaluated would be to reduce the incidence and intensity of such crimes by addressing the drug habits that has perpetrated them. However, caution needs to be exercised in judging drug related since it could also be in terms of aspects in conjunction with drugs like alcohol, tobacco, non drug stimulants, which does not fall fully in the category of drugs category. Therefore, under such circumstances, it is necessary that necessary tests and evaluations be made in order to identify and establish drug-related offenses, their impacts on society and the ways and means by which demand for illicit drugs could be lowered without major upheavals in societal norms. It is suggested that the drug crime nexus needs to consider not only the roots of the problem, in terms suggested by its cause and effect theories, causes that may originate from socio-economic, hedonistic, personality traits, deviant behaviour, and effects in terms of the genre of crimes like Psychopharmacological, Economic compulsive, Systemic and drug law offences, but also needs to consider viable option that could not only mitigate the challenges, temporaitrly, but could also address it on a long term perspective. Bibliography Drugs and Crime: Criminal Justice and the criminal problem: If drugs cause crime, what causes drug use? PP slides. (provided by customer). Drugs and Crime: Criminal Justice and the criminal problem: Drug related crime: PP slides. (provided by customer). Drugs and Crime: Criminal Justice and the criminal problem: Drugs cause crime: further evidence. PP slides. (provided by customer). Drugs and Crimes: A Complex Relationship. (2007). [online]. Drugs in Focus. Last accessed 11 December 2008 at: http://www.emcdda.europa.eu/attachements.cfm/att_44774_EN_Dif16EN.pdf Drugs and Crimes: Systemic Crimes. (2007). [online]. Drugs in Focus. Last accessed 11 December 2008 at: http://www.emcdda.europa.eu/attachements.cfm/att_44774_EN_Dif16EN.pdf Read More