Drug Offenders Research Articles

마약류 중독자의 바닥경험 강도에 따른 변화단계 차이: 교정시설에 수감 중인 마약류사범을 중심으로

마약류 중독자의 바닥경험 강도에 따른 변화단계 차이: 교정시설에 수감 중인 마약류사범을 중심으로

마약류 사범 재범방지를 위한 방안 연구

The purpose of this study is to examine the changes, contents, and evaluation of drug policies, focusing on the U.S. drug court and Japan's DARC and then to present the rapidly increasing problems of drug offenders in Korea and measures to prevent their recidivism. It is to present the problem of rapidly increasing drug offenders in Korea and measures to prevent their recidivism. In particular, the characteristics of drug crimes are difficult to quit due to their addiction and dependence, and as a result, they show a high recidivism rate even after returning to society after being released from prison. In the case of the United States, drug courts have been established to reduce the recidivism rate of drug offenders and reduce costs, Japan, DARC, a treatment facility established by actual drug addicts to prevent recidivism of drug offenders, is being operated. Korea also needs a control tower that will serve as an integrated and systematic management system, and the establishment of a drug court will be the solution.

Judges' Considerations in Determining the Sentences for Narcotics Abuse Category I

The rise in drug-related arrests in Indonesia has increasingly implicated the younger generation, highlighting the urgent need for appropriate legal responses. Narcotics, which include both naturally derived and synthetic substances, have the capacity to alter consciousness, reduce or eliminate pain, and create dependency. In the legal context, while rehabilitation serves as a potential corrective measure, aimed at treating the drug users rather than solely punishing them, it is underutilized. Instead, judicial practices often lean towards imposing prison sentences and fines. This empirical normative legal research draws on both primary and secondary data, collected through fieldwork and library research, to explore these judicial decisions. The research focuses on how judges apply Article 127, paragraph 1, letter a of Law Number 35 of 2009 (Narcotics Law) in determining the guilt of defendants and deciding their sentences. A case research from the Special Class II Gedong Tataan District Court demonstrates that judicial decisions predominantly favor incarceration and fines, often due to the lack of established evidence that the defendants are drug addicts or victims of drug abuse, thus not qualifying them for rehabilitation. This research underscores the need for a critical reassessment of sentencing practices to better address the rehabilitation needs of drug offenders, particularly the youth.

How has Covid Impacted the Call for Reform for the Criminal Justice System?

Since 2002, the United States has held the highest incarceration rate in the world.150 Today, there are around two million people incarcerated in U.S. state and federal prison, local jails, and non-voluntary mental health facilities– many of whom have yet to be convicted. There are 445,000 people in local jails and another 88,000 in federal prisons who are detained before their trial because they cannot afford bail payment.151 The detainment rate increased exponentially between 1980 and 1996, primarily as a result of the War on Drugs which was a government initiative started by President Nixon to dissuade drug abuse. Nixon increased federal financial support for drug-control agencies and implemented rigid laws and punishments for drug offenders.152 Critics of the War on Drugs have pointed out that it has disproportionately affected people of color – the increase in incarceration rates for Black Americans and Hispanics during the seventeen years the policy was active was one and a half times and three timesrespectively, higher than the increase for white Americans. The larger increase in incarceration rates for minorities is evidence of systemic racism in the criminal justice system, which has prompted numerous calls for reform. Advocacy for reform was amplified in May 2020, following the murder of George Floyd and as the COVID-19 pandemic placed heavy burdens on the criminal justice system. During this period, the Defund the Police movement assumed the mantle for criminal justice reform. The criminal justice system tried to prevent the spread of the virus by releasing thousands of inmates early. 153 Less than 0.2 percent of those inmates released have committed new crimes, pushing the question of the integrity of the United States’ system of incarceration to the forefront of social justice concerns.

Recidivism of Individuals Who Completed Schedule I Drugs Deferred Prosecution Treatment: A Population-Based Follow-Up Study from 2008 to 2020 in Taiwan

AbstractDeferred Prosecution with Condition to Complete the Addiction Treatment (DPCCAT) is a judicial diversion program in Taiwan that shifts people who use drugs away from the label drug offender and toward the label patient. However, little is known about the effectiveness of completing a DPCCAT program on people who use drugs. Using a nationwide population-based retrospective panel data from 2008 to 2020, recidivism is defined as a person was caught urine positive and charged by a prosecutor after their completion of DPCCAT. After controlled gender, age, and region, comparisons of recidivism rates and time to relapse between Schedule I drug use only, Schedule I & II drug use, and heterogeneous group were examined. Of 24,248 participants with DPCCAT, 11,141 (46%) completed the one-year treatment program. Of completers, the five-year recidivism rates are significantly lower for the Schedule I drug use only (26%) than Schedule I & II drugs use (52%) and heterogeneous group (47%). Results from Cox regression indicated that the duration of recidivate to drug use is significantly longer for the Schedule I drug only than the other two groups after controlling for demographics. The main findings support that completion of a DPCCAT program only reduces the risk of recidivism for people who use Schedule I drug only and is less effective for polydrug users and heterogeneous group. We suggest that characteristics of people who use drugs and other criminal offenses should be taken into consideration for triage when DPCCAT is offered.

DERMATOGLYPHIC FEATURES OF MEN’S FINGERS PRONE TO DRUG

The article presents data on the peculiarities of the dermatoglyphic constitution of the distal, middle and proximal phalanges of the fingers in men prone to drug crimes. The object of the study was the peculiarities of the dermatoglyphic parameters of the distal, middle and proximal phalanges of the fingers obtained from 60 men aged 18 to 59 who were convicted of drug crimes and 60 persons of the control group. During the study, it was found that radial loops (52.31%) and curls (29.23%) are most common on the fingers of the left hand, complex patterns (8.08%), arcs (6.92%) and ulnar loops are less common (3.46%), curls (44.23%) and radial loops (39.62%) and arcs (5.77%), ulnar loops (5.38%) and complex patterns are most common on the fingers of the right hand (5.00%), at the level of a statistical trend (p<0.10), the pattern on the right and left hands differs according to the indicator of the total frequency of radial loops on the fingers of both hands - 52.31% versus 39.62% (φ = 1, 30; p < 0.10) and curls W – 29.23% versus 44.23% (φ = 1.59; p < 0.10). A comparative analysis of the total ridge counts for the fingers of the left and right hands of drug criminals and men of the control group showed that the variances of this variable in the groups are equal, and since the p-level of the Student's test for the values of these indicators is significantly less than 0.05, the average values of the total ridge counts numbers on the fingers of the right hand of drug offenders and men of CG differ at a high level of statistical significance.

The savings associated with decriminalization of drug use in New South Wales, Australia: A comparison of four drug policies

IntroductionMost Australian states and territories have established some form of scheme to divert minor drug offenders from court. However, the number charged with drug possession continues to rise. We examine the costs of four alternatives to existing policy in relation to people apprehended by police using or in possession of a prohibited drug. MethodsWe construct a Markov micro-simulation model to examine four policies: (1) current policy; (2) expanding the existing cannabis cautioning scheme to all drug use/possession offences; (3) issuing an infringement notice to all those found using or in possession of a prohibited drug; (4) prosecuting all drug use/possession offences in the courts. The cycle length is one month. Since our aim is to examine the cost to the government, all costs are taken from the Government perspective and are in 2020 Australian dollars. ResultsThe current estimated annual cost per offence is $977 (SD: $293). Policy 2 costs $507 per offence per year (SD: $106). Policy 3 turns into a net revenue gain of $225 (SD: $68) per offence per annum. Policy 4 lifts the current cost of processing from $977 to $1282 per offence per year (SD: $321). ConclusionsExtending the cannabis cautioning scheme to all drugs would reduce the cost of current policy by more than 50 %. A policy of issuing infringement notices or cautions for drug use/possession would save costs and generate income for the government.

Linkage of the Avon Longitudinal Study of Parents and Children (ALSPAC) to Avon & Somerset Police regional police records.

This data note describes a new resource for crime-related research: the Avon Longitudinal Study of Parents and Children (ALSPAC) linked to regional police records. The police data were provided by Avon & Somerset Police (A&SP), whose area of responsibility contains the ALSPAC recruitment area. In total, ALSPAC had permission to link to crime records for 12,662 of the 'study children' (now adults, who were born in the early 1990s). The linkage took place in two stages: Stage 1 involved the ALSPAC Data Linkage Team establishing the linkage using personal identifiers common to both the ALSPAC participant database and A&SP records using deterministic and probabilistic methods. Stage 2 involved A&SP extracting attribute data on the matched individuals, removing personal identifiers and securely sharing the de-identified records with ALSPAC. The police data extraction took place in July 2021, when the participants were in their late 20s/early 30s. This data note contains details on the resulting linked police records available. In brief, electronic police records were available from 2007 onwards. In total, 1757 participants (14%) linked to at least one police record for a charge, offence 'taken into consideration', caution, or another out of court disposal. Linked participants had a total of 6413 records relating to 6283 offences. Almost three quarters of the linked participants were male. The most common offence types were violence against the person (22% of records), drug offences (19%), theft (17%) and public order offences (11%). This data note also details important issues that researchers using the local police data should be aware of, including the importance of defining an appropriate denominator, completeness, and biases affecting police records.

The RE-AIM Evaluation of the Evidence-Based Multiple Drug Treatment Program in Taiwan District

This study employs the RE-AIM based 360-degree feedback analysis to examine the scientific evidence-based drug treatment program implemented by the Agency of Corrections, Ministry of Justice, in Taiwan to ensure the program quality and effective resource allocation and to help improve the effectiveness of the treatment. Also, the study results were expected to strengthen the possibility of drug addicts successfully returning to society, achieving the goal of preventing recidivism and reshaping the meaningful life for drug offenders. Based on the outcomes of qualitative interviews, focus groups, pre- and post-measurement scores, case manager's work survey questionnaires, and official statistics analysis for the year 2020-2021, this study attempts to complete the goal through the RE-AIM model analysis. In terms of Reach dimension, the study finds that the proportion of drug-administering cases that completed professional treatment before release from prison has been increasing year by year; in terms of Effectiveness dimension, regardless of the scale scores, the subjective feelings of the clients encountered or the official statistics, we find that the positive impacts on the case (behavior change and self-understanding), and there is still room for improvement in reducing impulsive of drug offenders, curriculum design and recidivism rate; in terms of Adoption dimension, besides to practical workers, colleagues in other departments in the organization also intervened in the plan to some extent, but there is still room for improvement in the horizontal connection and integration of various units; in terms of Implementation dimension, the service and investment time of the first-line practitioners are in agreement with the core values of the Evidence-Based Drug Treatment Program; in terms of Maintenance dimension, data on recidivism out of prison shows that the treatment courses have continuous effects for the case intervention. Besides, it also indicates that the Agency of Corrections and Ministry of Justice will not only keep promoting this treatment program but also continue to improve it and see the "Scientific Evidence-based Drug Treatment program" as the organization's regular service. Finally, the research findings provided suggestions for curriculum planning, resource allocation, treatment execution, and practical work aids.

Exploring the Ripple: A Case Study on the Social Consequences of the War on Drugs for Affected Families

The war on drugs is an effort to of the Philippine government to combat illegal drug use by greatly increasing penalties, enforcement, and incarceration for drug offenders. But the impacts have led to consequences such as decreased household income, incidents of child labor, and children dropping out of school, thus demonstrating the war on drugs deteriorated the overall wellbeing of children living in poverty. This study explored the challenges encountered by the families affected in the war on drugs of the government. The study focused on a case study of the social consequences of the war on drugs for affected families. The case study research design was employed in these studies. It was participated by the chosen respondents of Barangay Gata Diot, Clarin, Misamis Occidental. Interview responses were analyzed using Yin’s 5-step data analysis approach. This study generated four (4) themes: (1) Emotional Distress (2) Family, Relatives and Peer Influence (3) Frustration (4) Sustainability of Livelihood. In this study the researcher analyzed the data using Yin’s 5-step data analysis approach. The second step involves the researcher breaking down the data to reduce and eliminate recurring themes of the phenomena. As a result, most of the participants have different responses on the social consequences of the on drugs in the affected families. These challenge gives a big impact to the affected families emotionally, mentally and financially. But despite of the challenge they were encountered, the participant was able to fine alternative solution to survive in that situation. Further, the affected families in war on drugs must be given a full support by our government, especially in strengthening community-based initiatives, encourage the development of community-based initiatives that promote awareness, education, and prevention of drug abuse. Such initiatives can include support groups, counselling services, and educational campaigns targeting families and individuals at risk. And develop comprehensive support programs just liked establish specialized support programs aimed at addressing the specific needs of families affected by the war on drugs. And lastly, these programs should provide emotional, psychological, and financial support to help families cope with the challenges they face.

The Unimpactful Counsel: A Study of the Sentencing of Death-eligible Drug offenders in China

The Unimpactful Counsel: A Study of the Sentencing of Death-eligible Drug offenders in China

Exploring the situational characteristics of drug policing directed at youth – circumstances of detection and grounds for intervention

ABSTRACT The aim of this article is to explore the circumstances associated with police interventions and the use of enforced drug tests and body searches against youths suspected of minor drug crime in Malmö, Sweden. There is a need for research on police enforcement practices directed at young people as a result of an increased use of coercive measures against youth and young adults suspected of minor drug offences in Sweden. The research questions are addressed on the basis of police documentation covering a period of one year. Approximately 67% of police interventions involved car-stops or police responses to calls for service. The documented grounds for the use of enforced drug tests are of a subjective nature, and detail signs of intoxication. Body searches were less often documented, and provided little insight into suspicion formation. 82% of the drug tests produced positive results for illicit substances. The results highlight the need to evaluate the utility and practice of body searches and enforced drug testing focused on youth.

"I Sometimes Pretended to Get Groceries": Restrictive Deterrence in Drug Dealing.

Despite steady progress in drug control work, drug-related crimes are ranked third in the total number of criminal cases in China. Based on in-depth interviews with 24 offenders who are now incarcerated for drug offenses, this paper examines the strategies employed by drug offenders to evade detection and mitigate their punishment for drug dealing. Their most frequently-used strategies focus on filtering out risky people, ensuring information asymmetry and knowing when to stop. Exploring how offenders adapt their behavior in response to punishment helps to further our understanding of crime commission and control.

언론에 노출된 외국인 마약사범 사례 분석

The purpose of this paper is to examine the cases of rapidly increasing foreign drug offenders, identify their characteristics, and suggest the measures against the foreigner drug issues. This paper analyzed the recent foreign drug crimes covered in the media by referring to the preceding research, statistics on foreigner drug, and the crime of narcotics white paper. Among the recent increase in the crimes committed by foreigners, the foreign drug offenders are rising. These criminals are different from the existing drug-related crime in Korea. Instead, they commit new forms of drug-related crimes, such as production and distribution of the illicit drugs. This resulted in harming the title as “Drug-Free Country” and qualitatively changing the ecosystem in Korea. As a result, the foreign drug-related crimes showed characteristics of online SNS-based distribution, drug smuggling using international mail, distribution of new type of drug, popularization of drug offender, and increase in drug distribution at farming areas and manufacturing areas.

Association Rules on Attributes of Illicit Drugs, Suspect’s Demographics and Offence Categories

Association rules mining technique was employed to extract 6 rules that show the co-occurrences of the attributes on illicit drug types, suspects’ demographics, and categories of drug offences. A dataset on 262 arrestees of various drug offences was utilized for rules extraction using the apriori algorithm. The rules reveal the different levels of involvement with various illicit drugs by suspects of varying ages. The established rules provide a form of drug suspects segmentation which could guide how drug control and intervention programs are designed and deployed. Further, the rules could serve as a reference tool for security agents when dealing with drug suspects and offenders.

Forbuddet mod Loyal to Familia

AbstractOn 1 September 2021, the Danish Supreme Court banned the gang Loyal to Familia (LTF) because it had an illegal aim and was therefore classified as an illegal association. This sentence marks a new understanding of the material limits to the constitutional freedom of association. It was the third ban of a Danish association, and the first ban of an association that did not have the aim of overthrowing democracy. Using court transcripts, this article describes the contents and major themes in the evidence presented by the prosecutor. The gang’s organisation was structured and hierarchical as based on recovered documents described as containing membership lists, titles, fees and collective economic resources. Members committed a broad range of serious violent and drug-related offenses. Incarrcerated members of the gang violently attacked prison guards. In two instances, these attacks occurred outside of prisons on the behest of the gang. The courts agreed that the gang itself facilitated some of the violence and drug offending. While their motivations differed, all three courts agreed that Danish society had a constitutional right. The courts also agreed that the administratively issued temporary ban on the gang from 2018 was legal.

Interjurisdictional differences in Australian imprisonment rates: Sentencing or arrest rates?

There are stark and enduring differences between the Australian States and Territories in their rates of imprisonment. The Australian Capital Territory, for example, has an imprisonment rate of 113/100,000 population. The Northern Territory imprisonment rate is more than 8 times the Australian Capital Territory rate, and 41% higher than the imprisonment rate in Louisiana; the US state with the highest imprisonment rate in that country. The disparity is not limited to the Australian Territories. The imprisonment rates of Western Australia, Queensland, South Australia, and New South Wales are between 1.5 and 2.4 times higher than the Victoria rate. The aim of the present article is to determine whether the lower rate of entry into Victorian prisons is due to less frequent use of imprisonment or a lower arrest/court appearance rate. We find that the principal reason is a lower court appearance rate, particularly in relation to traffic and vehicle regulatory offences, justice procedure and related offences, burglary/break and enter, and illicit drug offences.

The Limits of Vietnam's Incrementalism towards the Abolition of Capital Punishment for Drug Offenses

AbstractInternational law has ruled out the application of the death penalty on drug offenses. Despite failure to meet the threshold to be categorised as one of the ‘most serious crimes’, the practice of capital punishment for drug offences in many parts of the world continues to dismay human rights activists and practitioners. This article aims to exhibit a dynamic view on drug offences under Vietnamese law. It contends that the nation's understanding of the severity of drug offences has witnessed incremental changes corresponding with international standards, although not completely compatible. Drawing on comparative scholarship, the article then moves on to ask whether there is any room left for the total abolition of capital punishment for drug offences. It suggests that Vietnam's incrementalism towards abolition has reached its bounds. Renovation in the understanding on the severity of drug crimes is very much needed to re-fuel the abolitionist movement in the country.

Biased Enforcement Expansion? Sociodemographic Differences in Police Drug Testing for Suspected Narcotics Use 1993–2015

Abstract Since the 1990s, Sweden has witnessed a steady increase in the control measures focused on drug offences. These changes are results of political dynamics once pushed by centre-right parties but thereafter embraced by Social Democrats in government. The article examines the structure of police controls of drug offences and the extent to which these controls have focused on different sociodemographic groups during the period 1995–2015. The study shows that this intensified control of minor drug crimes has resulted in successively larger proportions of youths from deprived areas being forced to provide samples of body fluids. The criminalization of drug use constitutes an example of the significance of crime policy for both crime levels and the composition of the offender population.

Data First: Criminal Courts Linked Data research report.

ObjectivesThe Ministry of Justice’s pioneering data linking programme Data First, funded by Administrative Data Research UK, links administrative datasets across the justice system and with other government departments to enable research providing critical new insights on justice system users, their pathways, and outcomes across a range of public services. ApproachThe first two datasets shared under the Data First project are magistrates’ courts and Crown Court data which have been deidentified, deduplicated and linked to provide a joined-up picture of criminal court defendant and case journeys. Accredited researchers can access this data using the ONS Secure Research Service to conduct research. Administrative Data Research UK has funded four Research Fellows to conduct analysis using this linked data. Additionally, analysts within the Ministry of Justice Data First team have published a research report showcasing the potential of the linked criminal courts data. The presentation will primarily focus on this work. ResultsThe Data First criminal courts datasets have enabled, for the first time, the extent and nature of repeat users to be explored at scale for research. In March 2022, the Ministry of Justice published exploratory analysis of returning defendants and the potential of linked criminal courts data. The key findings of this report will be covered in the presentation. The research demonstrates more than half of defendants returned to the courts within the data period, but this was highest for specific offence groups, including theft, robbery and drug offences. Locality-based analysis on Crown Court defendants highlights important insights on the backgrounds of justice system users, showing an over-representation of defendants residing in the most deprived areas in England and Wales compared to the general population. ConclusionThe presentation will demonstrate how linked administrative data available through the ground-breaking Data First programme can be effectively used for research. This insight improves our understanding of individuals in the justice system as well as providing a rich resource to develop the evidence base for government policy and practice.