Victimology: The Crime of Drug Trafficking - Assignment Example

VICTIMOLOGY THE CRIME OF DRUG TRAFFICKING Drug Dealing: The view that crime is a matter of rational choice is held by a number of criminologists who believe that the decision to violate any law is made for a variety of personal reasons. Regardless of the motive, criminal actions occur only after the individuals carefully weigh the potential benefits and consequences of crime. The drug dealer concludes that the huge profit from a single shipment of cocaine far outweighs the possible costs of apprehension (Siegel, 2005: 98). Illegal Trade: Drug dealing is against the law, since unprescribed use of drugs is harmful to the human body. The addiction that results from regular use of certain drugs is highly dangerous. This trade has been found to be very remunerative, but is punishable under federal law. Background of Drug Dealing Becoming Criminal: Until drug-dealing started on a large scale in the mid-nineteen-eighties, there were few realistic opportunities for youth to get rich through crime. Those who had engaged themselves in petty crime, found that with the expansion of the drug-dealing economy, opportunities emerged for youngsters to make large sums of money quickly. The irregular economy had long been an established part of working-class life. The growth of an illicit drug distribution network has not been a new and sinister creation set up from outside, but an adaptation of long-established trading mechanisms which were already central to the irregular economy (Parker et al, 1988: 107 as quoted in Robins (1992: 89). Drug trading is conducted under the counter through what were once known in New York city as reefer stores. Another major outlet for drug dealing is in pubs and clubs, according to Robins (1992: 90). Descriptions of drug-dealings by neighbourhood youths often carry racist connotations. Among whites and African Caribbeans, suppliers of hard drugs are also often assumed to be Asian (p.94). How the illegal drug trader organizes his customers, suppliers and functionaries to provide illicit goods at a profit is a cause for public concern. Dwight Smith as quoted in Kelly et al (1994: 85) applied general organization theory of business enterprize to criminal activity. Smith found that organized crime stemmed from the same fundamental assumptions that govern entrepreneurship in the legitimate market place: a necessity to maintain and extend one’s share of the market. Organized crime groups form and thrive in the same way that legitimate businesses do, they respond to the needs and demands of customers, regulators, suppliers and competitors. The only difference is that organized crime deals with illegal products, where legitimate businesses generally do not (Kelly et al, 1994: 85). Economic considerations rather than hierarchical or ethnic considerations lie at the base of formation and success of organized crime groups. The illegality of the product tended to fragment the market, making it difficult to control these activities on a large scale. Collaboration in Law Enforcement: According to the National Institute of Justice report on research (2003: 4), since the mid-1980s federal local collaboration has become a standard feature of law enforcement in most larger U.S. cities. The researchers found that many high-level, large-scale drug and gang investigations were made possible only through federal collaboration with local prosecutors and police. Euchner; McGovern (2003: 290) state that the international scale of organized crime make it necessary for local police departments to seek the assistance of state and federal authorities, who in turn need help from foreign governments to confront the problems of drugs and other organized crime. Drug Law: Enacted in 1973, New Yorks Rockefeller Drug Laws are among the harshest mandatory minimum sentencing schemes in the nation. These draconian laws have sparked a movement for real reform that includes organizations and committed activists, advocates, and Rockefeller survivors and their families. The Rockefeller Drug Laws require judges to give drug offenders mandatory minimum sentences regardless of their background, character, role in the offense, or threat to society. Furthermore, these laws restrict the ability of judges to divert appropriate offenders into treatment. Mandatory minimums give prosecutors unbalanced power over how drug offenders are sentenced. As long as drug policy ignores the demand side of the drug-use equation, little headway can be made in the war against drugs, to reduce addiction and abuse. Staley (1992: 249) states that only a policy that effectively eliminates or greatly reduces the extraordinary profits of the drug trade can moderate the wage distortions. A demand-side policy strategy needs to be developed with a focus on reducing the demand for drugs and increasing the legitimate economic opportunities for underemployed inner-city youth. Famous Historical Case: At the Federal Bureau of Investigation, The Sinclair Red Squad Files state that the Detroit Police “set-up” involved a friend of Sinclair’s from Jackson, Michigan who had been arrested on drug-dealing charges. In return for a reduced prison sentence, the friend turned infomer arranged to purchase marijuana from Sinclair and a friend, in a sting operation orchestrated by the Detroit Police (Sinclair, Guitar Army: 189-190 as quoted in Braunstein; Doyle (2004: 153). 2) How the Crime of Drug Trafficking is Detected: Truman; Reuter (2004: 48), drug dealing can be prosecuted under United States anti-money laundering law as a predicate crime or underlying offence for such a prosecution. The proceeds of drug sales may be deposited in many branches of the bank, in amounts of less than $10,000, to avoid detection. A large cash deposit or suspicious transfer of funds may lead to detection of the drug dealing. Law enforcement authorities may use the bank reports as part of their investigation and prosecution of the underlying crime. Major cities serve as principal distribution centers for several drug trafficking organizations from small retailers to large organizations acting as cartels (Staley, 1992: 8). Central cities provide a variety of natural defenses against detection by law enforcement authorities. Many drug dealers work with only well-established clients, to avoid detection by the law (p.41). All deals are carried out as cash transactions, for the same purpose of escaping detection (p.70). Drug trafficking is frequently under-reported because even global-scale operations are carried out clandestinely, with great care not to arouse suspicion. Investigations by the law enforcement authorities take the help of digital data bases containing vital information about the suspected drug dealers, their operations, locations, network, etc. Constant surveillance by secret service authorities in order to get sufficient proof of their activities, and several other methods of investigation are used for detecting drug dealing operations. 3). Common Profiles of People Who Commit This Crime: In large inner cities, where poverty, racism and discrimination, low literacy and employment rates are prevalent, youth fall easy prey to the machinations of drug dealers. They get coerced into the business, for the high stakes that are available, notwithstanding the punishment that will be due to them if arrested. Where in earlier times, petty crimes and robberies were the only available resources for the minority group youth in urban areas, the last few decades has opened up new avenues of illegal business activities such as drug trafficking. The youth are mostly African Americans, Hispanic, or Asian Americans from a background of poverty. Stimmel (1996: 15) reiterates that the prisons are full of ethnic minority youth, who are incarcerated for drug dealing and drug use. The high costs to the society by way of increased taxes for maintaining increasing number of prisoners, and the fact that rehabilitation of the prisoners is hampered, are matters of concern. Drugs and alcohol appear to be readily available in many prisons, and recidivism after release from prison is the rule rather than the exception. Crime rates are reported to be increasing disproportionately in respect to youth, and adult crime rate is stated to be unacceptably high though diminishing slightly. 4) Common Victim Profiles: Common victim profiles are urban, poor youth belonging to minority communities who are unemployed, underskilled, lacking in educational development, and in need for a source of income. They not only join the drug trade and illicit distribution network, but also get addicted to the regular use of the drugs. Other victims are children in neglectful homes, where both parents may be on substance abuse, and from extremely low income backgrounds, who are enticed into the distribution network. According to Stimmel (1996: 21), self-worth and substance abuse are seen to be closely related. Children and youth from broken homes, with little physical or emotional security are more prone to be led into the vicious grip of drug addiction and drug dealing. Hence, the most essential step would be to ensure that child care and education are provided for all children in need, by federal and non-government organizations; and career skills and job opportunities are made available for youth from a disadvantaged background. Intervention at an early age will prevent increasing state expenses at juvenile courts and juvenile detention homes. 5).Help Resources Available to the Victims of Drug Dealing: The mission of the National Center for Victims of Crime is to help victims rebuild their lives. They are dedicated to serving individuals, families and communities harmed by crime. Violent crimes by juveniles alone costs the United States $158 billion each year. Costs incurred by federal, state and local governments to assist victims of crime, such as medical treatment, amounts to about $30 billion. The remaining 128 billion is due to losses suffered by victims, in terms of health deterioration, and other trauma and reduced quality of life. Costs incurred for early prevention programs, services for juveniles and the juvenile justice system are not included in the figures given above (Siegel, 2005: 70). It has been observed that juvenile crimes and drug addiction go together. Juvenile violence is only part of the crime picture. If the cost of the justice system, treatment cost, legal cost and so on are included, the total loss due to crime amounts to $450 billion annually, or about $1,800 per U.S. citizen. Crime produces social costs that must be paid by non-victims as well. For example, each heroin addict is estimated to cost society more than $135,000 per year; an estimated half-million addicts cost society about $68 billion per year. In addition to these societal costs, victims of drug dealers who get addicted to substance abuse, bear psychological and physical ills that inhibit first their academic achievement, and later their economic and professional success (Siegel, 2005: 70). Also, the victims may suffer more victimization by the justice system. People who have suffered as victims, remain fearful for a long time. A recent effort to reduce gang crime and drug dealing in some of Chicago’s most troubled housing projects failed to meet its objectives, because residents feared retaliation from gang boys and possible loss of relationships (Siegel, 2005: 71) Joining an effort to organize against crime placed them at extreme risk. Crime can have devastating effects on its victims who may take years to recover from the harmful effects of drug abuse, and related violence perpetrated by the addict. 6). Effectiveness of the Help Resources Available to the Victims: Victim service organizations provide many services to victims of crime including counseling, temporary shelter and financial assistance (Cohen, 2005: 60). Programs which are designed to help ease the trauma associated with victimization incur certain expenses on the national exchequer. These costs as well as financial assistance to the victim can be grouped as “society’s response to victimization” rather than a direct cost imposed by the victimization itself. In the absence of these victim assistance programs, victims would suffer even further, possibly both physically and mentally with resulting loss of quality of life. Hence these financial costs are only to reduce the personal costs imposed on victims. In some cases they really are preventative as in battered women’s shelters, that would reduce the chance of re-occurrence of the victimization. The National Organization for Victim Assistance (NOVA), one of the first non-profit organizations established as a national clearing house for victims’ rights, maintains a listing of over 6,000 victim assistance programs around the country (Cohen, 2005: 61). Another non-profit organization, National Center for Victims of Crime claims that it is affiliated to over 10,000 grass roots organizations around the country. Private organizations, local and state governments are all contributing towards helping victims of crime in society. According to the office of the Victims of Crime (2000), more than 3,000 programs were supported with federal matching funds during 1998, with total federal assistance being $275 million that year. The Victims of Crime Act (VOCA) authorizing these grants requires at least a 25 % match for existing programs, although this may be a “soft” match e.g. “in kind” donations such as volunteer time. Thus, at the very least, $366 million was spent that year on federally assisted programs. However, Cohen, Miller and Rossman (1993: 102) as quoted in Cohen (2005: 61) estimated that VOCA funds could account for as little as 18% or less of expenditures on victim assistance programs. This would be a significant increase from the $200 million estimated to have been spent in 1986. These figures also underestimate, because they exclude the value of volunteer time spent on outreach activities for crime victims. Many programs serve more than one type of crime victim. However, they are estimated to be only a small percentage of the overall cost of crime to victims. Since the victims are helped in all respects, to get back on to their feet, in order to live productive, independent lives, it can be emphasized that the victim assistance programs are very effective. The assistance programs are true to their mission of helping victims rebuild their lives. The victims of drug addiction, many of whom work as illegal drug distributors for the sake of continuing their drug habit, are in need of rehabilitation and recovery, together with the guidance for re-adjustment in society as contributing and productive citizens. The victim should access the help resources such as the National Center for Victims of Crime, or the National Organization for Victim Assistance, through a local non-governmental organization (NGO), or through the local private or federal social service organization. They will be able to help the victim in accessing rehabilitation facilities as well as financial and health assistance from the Victim Assistance programs. The effectiveness of the helping interventions can be estimated by the success of the victims in coming out of their poor mental, physical and emotional states, in their being able to build up their lives on new healthy foundations. The victims themselves would be able to vouch for the effectiveness of the programs, through personal experience. 7. The Effectiveness of Helping Resources in Current Times. Whether the Methods Used to Assist Victims Changed Over Time: The presence of the National Center for Victims of Crime and National Organization for Victim Assistance are relatively new developments, since the requirement for their assistance is increased in the current times. The misuse of drugs, substance abuse, and violent crimes perpetrated by juveniles are a part of modern day life. Victims of drug abuse a few decades ago would have had access only to a drug rehabilitation center. Financial assistance through federal victim assistance programs, and treatment may not have been available. Consequently, comprehensive treatment with high success results would have been less as compared to present day interventions offered by the federal agencies, which are focused on the victim to bring about maximum improvement in the patient’s health. 8. Whether the Helping Resources are Culturally Sensitive: It has been observed that the current trend in the United States is to include other cultures and encourage the concept of unity in diversity. Although discrimination and racism are still a part of life in the U.S. different cultures are given due respect in the healthcare setting as well as in the case of assistance to crime victims. In certain eastern cultures women are not permitted to visit a male doctor, and would prefer to be treated by another woman. At the drug rehabilitation center, when offering assistance to such a female addict, a lady doctor if available, would attend to the victim. Similarly, in certain cultures, no decision is taken without consulting older people in the family, even if the patient is a major in age. This type of condition or factor would also be accommodated whenever possible. Other resources such as having an interpreter to translate for both the victim as well as the care giver or health care person, goes a long way in establishing clear communication between the patient and the medical person or helper. 9. Current Methods Utilized for Prevention of Drug Trafficking: The network of drug traffickers is essentially very vast, and all the operations are under cover, which means that the law enforcement authorities need to apply all the technology and techniques in their power, to pin down offenders and substance abusers. Modern digital surveillance methods, and employment of sleuths to track down suspects are not sufficient. As soon as drugs are captured in an individual’s possession, strict action is necessary to discourage further drug deals. According to Clarke; Weisburd (School of Criminal Justice, New Jersey), p.165, the principal theoretical criticism leveled against opportunity-reducing forms of crime prevention, such as situational prevention, is that thwarted offenders will turn their attention to some other target or location, commit their crimes at another time, change their methods or even turn to some other form of crime. The recognition of diffusion will bring a much needed balance to criminological analysis of crime prevention, but it also provides an opportunity for maximizing crime control benefits (p.169). If the processes that lead to diffusion could be identified, crime prevention programs designed to harness this phenomenon could be more clearly defined. The mechanisms and processes underlying diffusion, and ways in which its effects may be predicted and used in crime prevention programs need to be studied. Diffusion is viewed as a common result of crime prevention activity. There are two kinds of diffusion: deterrence and discouragement (p.171). According to Sherman (1990:11) as quoted in Clarke; Weisburd, p.175: diffusion involves making offenders believe that the probabilities of being caught are greater than they really are. Shermans proposed solution is to manipulate uncertainty about the risks in force by using available patrol resources in a continuous series of crackdowns and back-offs rotated randomly at different times and places, rather than spreading the same resources in a more even distribution. This keeps offenders in perpetual uncertainty about the actual risks and may lead them to overestimate these just in order to be safe. Patrol is a preventive resource of considerable flexibility, but Shermans (1990, as quoted in Clarke; Weisburd, p.175), strategy of creating uncertainty about actual risks can be adapted to enhance diffusion of benefits for situational measures that are "fixed" and cannot readily be switched from time to time or place to place. A third way of bluffing offenders may be to concentrate protective resources on the most highly visible or attractive targets in the hope that offenders will assume that preventive action has been taken more generally. Sherman (Clarke; Weisburd, p.177) recognized that effective manipulation of uncertainty about risks requires potential offenders to be alerted to imminent crackdowns through publicity. 10. Future Strategies for Prevention of Drug Trafficking: Prevention researchers are discovering that youth who live below the federal poverty line are the high risk group, in relation to drug, alcohol and tobacco abuse (Botvin; Schinke,1997: 62). Hence, drug abuse preventive interventions should wisely address parental, developmental and community factors that influence drug use. It is vital to include genuinely caring parents and community, for sustainable results. Community based skills that need to be addressed are elements on drug-use facts, problem-solving, coping, communication and decision making skills. REFERENCES Becker, Ronald F. Criminal Investigation: A Contemporary Perspective. Canada: Jones and Bartlett Publishers. (2004). Botvin, Gilbert J; Schinke, Steven Paul. The Etiology and Prevention of Drug Abuse Among Minority Youth. New York: The Haworth Press, Inc. (1997). Braunstein, Peter; Boyle, Michael William. Imagine Nation: The American Counter Culture of the 1960s and the 1970s. New Jersey: Transaction Books. (2002). Clarke, Ronald V; Weisburd, David. “Diffusion of Crime Control Benefits: Observations on the Reverse of Displacement”. School of Criminal Justice, Rutgers, State University of New Jersey. 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New Jersey: Transaction Books. (1992). Stimmel, Barry. Drug Abuse and Social Policy in America: The War That Must Be Won. United States: The Haworth Press, Inc. (1996). Truman, Edwin M; Reuter, Peter. Chasing Dirty Money: The Fight Against Money Laundering. United States of America: Peterson Institute. (2004). Read More