Drug Offenders Research Articles

Drug Offences

Drug Offences

Over-Privileged: Legal Cannabis, Drug Offending &the Right to Family Integrity

Over-Privileged: Legal Cannabis, Drug Offending &the Right to Family Integrity

The liability for drug offences in the People’s Republic of China

В работе приводятся данные о наркоситуации в Китайской Народной Республике, а также о состоянии её административно-деликтного и уголовного законодательства об ответственности за наркоправонарушения в контексте сравнения с законодательством Российской Федерации.

The possibility of using electronic monitoring devices to supervise drug offenders in the Eastern Economic Corridor (EEC)

The possibility of using electronic monitoring devices to supervise drug offenders in the Eastern Economic Corridor (EEC)

Mandatory corporal punishment and its consequences on repeat drug offenders in Malaysia: Call to action.

In Brazil, regarding drug and alcohol treatment, there is an emphasis on financing long-term residential treatment and a lack of community-based approaches, leading to a burden on families. Therefore, family members increasingly seek coerced treatment even though there are reports of human rights violations in this context. This study aims to describe the meanings constructed by family members regarding coerced treatment of people who use alcohol and other drugs.We conducted 15 interviews with the family members of people who use alcohol and other drugs and had requested coerced treatment. The interviews were recorded, transcribed and analyzed using reflexive thematic analysis.Through analysis, five major themes regarding the use of coerced treatment were constructed: (1) as protection for people from the dangers related to the use of alcohol and other drugs; (2) as punishment, aiming to prevent the return to drug use; (3) as a guarantee of abstinence; (4) as a consequence of the loss of autonomy to decide what was best for themselves; and (5) as time for the reorganization of the family members’ lives. The lack of emotional support in relation to their concerns regarding the health and safety of the person using drugs, the prohibitionist discourse and the emphasis on abstinence shared in the decision to seek coerced treatment, and the lack of knowledge about voluntary treatments contributed to family members requesting coerced treatment more than once.This study highlights the importance of the need for public policies that expand evidence-based voluntary approaches, especially community-based services, and promote the disclosure of these services to eliminate coerced treatment. Health care providers should support the feelings of family members and provide guidelines related to other treatment options, making families feel genuinely included as partners in the care of people who use drugs.

Policy Response to the CRISIS of New Drugs Crime

Purpose: Drugs made for medical purposes could have been a mysterious potion if they were used only for their original purpose, but the reason why many people are concerned about the safety of mankind due to the enormous destructive power of drugs. It may be close to instinct for people to avoid pain and discomfort, chase joy, and pleasure, but if they borrow the power of drugs for this pleasure, the price will return to tremendous harm like boomerang. Research policy countermeasures against new drugs crime in Korea. Method: Traditional drugs are usually classified into natural drugs, synthetic drugs, and psychotropic drugs. Through the classification and definition of drugs, the characteristics of new drugs are identified and the current status of distribution of new drugs is analyzed. Policy countermeasures are derived through foreign cases. By analyzing the characteristics of crimes against new drugs, the government will subdivide punishment standards for temporary drugs and study ways to prepare bills to quickly punish the inhalation of unspecified hallucinogenic substances. Results: In order to cope with new drugs at this point, the priority introduction of a unified one-stop system through transnational institutions is required. Through this, it is necessary to establish a system that can focus on responding to crimes related to new drugs by integrating the system of crackdown agencies that are currently sporadically divided, such as the police, prosecutors, the Korea Maritime Police Agency, and the Korea Customs Service. In addition, continuous management is needed through linkage with treatment and rehabilitation facilities. Conclusion: Laws should be prepared to analyze the characteristics of crimes against new drugs to subdivide punishment standards for temporary drugs and to promptly punish the inhalation of unspecified hallucinogenic substances. In addition, crackdown and punishment on drug offenders are important, but it should not be forgotten that continuous management through connection with treatment and rehabilitation facilities is necessary to fundamentally prevent recidivism of drug offenders.

KEADILAN BAGI PENYALAHGUNA NARKOTIKA DI INDONESIA

This article presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that justice is presented as conditional, depending on various influencing factors that are primarily, though not entirely, one of tension and contradiction. One of the factors that influence the judge's decision is politics and the legal apparatus. This article contributes to the perception of judges who are influenced by juridical and sociological factors.

Contribution of Lifestyle Related Shaming in Drug Relapse Management in Indonesia

In the statistical calculation of the National Narcotics Board of the Republic of Indonesia or so called BNN, there were 70% of drug offenders with the status of drug relapse in 2019 reached (BNN: 2019). Such condition illustrates that the social rehabilitation mechanism for drug offenders in Indonesia still has the opportunity to present shameless people. Therefore, this study is intended to observe the significance of Lifestyle Related Shaming as an effort to reduce the number of drug relapses in Indonesia. Lifestyle Related Shaming is supported by 3 (three) macro theories, namely reintegrative shaming theory proposed by John Braithwaite, desistance theory proposed by Farral and routine activity theory proposed by Hiddlenlang The literature review method was applied here through the utilization and effort to develop an existing theory (grounded theory) by presenting certain concepts (variables) in accordance with the affordability of study data. In addition to qualitative approach, this research also performed a quantitative approach through survey method among respondents who experienced drugs relapse in Indonesia as well as in-depth interviews with drug relapse residents with various backgrounds and educational levels at the Center for Drug Rehabilitation of the Republic of Indonesia at Lido Bogor. It is expected that this study may provide a broad understanding to the government to prepare the best program for solving the drug relapse phenomenon, especially drug abuse in Indonesia. For the science, this study is expected to be a basis for the implementation of shaming in Indonesia. Furthermore, this study is also expected to be able to provide input in the process of drug relapse management in Indonesia, especially in an effort to prevent residents from falling into a shameless condition.

Drug crime transformation under the effect of online platforms

Many types of drug crimes are already known, but it is common to offender groups to implement them in an organised, coordinated, multi-level framework. Affected by online platforms, drug crimes are undergoing a transformation that presents new challenges for the authorities. Criminal groups also like to (re)take the opportunities offered by the Internet. Platforms that connect to the Dark Web, the Dark Internet (secret network form), have become increasingly popular over the past few years, thanks to the fact that there are also services available which are not available by traditional browsers. Coordinated cooperation between several countries, over several years, is needed to ensure successful detection in cyberspace. This is illustrated by a current EUROPOL report, published on 12 January 2021, which shows that a successful liquidation has occurred in the case of DarkMarket, one of the largest illegal marketplaces, requiring the cooperation of several European Union Member States and several non-European Union countries. In the face of the coronavirus epidemic, organised crime groups are still trying to remain active and resilient, which is not a challenge in the online space at this time, although drug delivery models needed to be changed, but they are trying to maintain the constant cycle of the market through their hiding methods. In my study, I am also looking for answers how the detection and recovery of criminal property is carried out at national and international level, in cases where drug crime takes place in the online space. What is the path of illegally acquired criminal property, how can financial profiling be carried out in these cases? In case of drug offences, we are talking about a special asset recovery where is no victim demanded, because there are very few known victims existing. With my study, I intend to capture the current topicality of drug crime, by detecting methods of committing crimes in the online space, internationally and domestically, and by exploring the current processes of asset discovery and recovery. In this way, I wish to provide results that can be used by the profession.

An Examination of Adult Female and Male Offending within the Context of Strain

The comparison of offending rates for males and females has received attention in the past few decades as part of the increasing interest in the narrowing of the gender gap in criminality. To extend previous gender-based research on criminal behavior, the current study is designed to examine gender differences in offending within the context of economic strain. Pearson’s correlation and independent samples t-test analyses were computed to determine the impact of economic strain variables on male and female offending. Consistent with previous research, findings emphasized correlations between economic strains and male and female arrest trends, in addition to highlighting significant gender differences in the type and magnitude of strain experienced. The current study adds to the extant body of gender-focused strain scholarship by providing valuable insights into gender differences in economic-based and drug offending. Such research is essential to implement effective policies and guide future research.

Drug offence detection during the pandemic: A spatiotemporal study of drug markets

PurposeResearch on COVID-19 and crime has so far shown that most crime types declined, especially in the early months of the pandemic. Illicit drug offences were a notable exception, however few studies have considered changes at specific drug market locations. This study documents how key drug markets were affected during the lockdown. MethodsUsing a spatiotemporal generalised additive model (GAM), this study examines the pattern of drug offence detection throughout the city of Brisbane, Australia and identifies areas of change during lockdown. Statistical meshblock analysis is used to illustrate discrete changes at key market locations. ResultsContrary to aggregate-level analysis, we show that several of the major drug markets experienced a significant decline in drug offence detections, but that these local changes were offset by a displacement to neighbouring areas. We also find some preliminary evidence of the emergence of new outer-urban markets. ConclusionsExisting drug markets were adversely affected by the COVID-19 lockdown, however drug market activity was likely displaced rather than diminished.

Prisons, drugs and COVID-19: Early releases and continuity of care

Abstract Introduction Detention settings are high-risk environments for the spread of infectious diseases. Since 2020, COVID-19 has posed unprecedented challenges for governments and prison administrations. In some jurisdictions, this has catalysed early release programmes to decongest prisons to minimise the harm of COVID-19 in prison systems. Methods From March to June 2020, HRI monitored the adoption of prison decongestion measures in response to COVID-19 in Europe and worldwide. HRI tracked criteria for eligibility and implementation of the measures and distributed online expert surveys as part of the Global State of Harm Reduction 2020 that included questions on harm reduction in prisons and the response to COVID-19. Survey data was supplemented by a review of academic, governmental, and non-governmental literature. A review to update the data will be carried out by mid-2021. Results and discussion Results show prison decongestion schemes initiated in 17 countries in Europe and 109 countries worldwide. Overall, by July 2020 decongestion measures reduced the global prison population by 16% in Europe and just 6% worldwide. In a quarter of countries (including at least four in Europe), people incarcerated for drug offences were explicitly excluded, regardless of whether they suffered from health condition or belong to a vulnerable group. We found no evidence of expanded access to harm reduction programmes to address the risk of overdose after release. Issues that exacerbate overdose risk included interruptions to the provision of opioid agonist therapy (OAT) and the unavailability in most jurisdictions of naloxone on release. Conclusions People who use drugs and are in detention settings have been inadequately served during the COVID-19 pandemic. To address the unique health risks of detention settings, there is a need for greater commitment to the adoption of non-custodial measures, and diversion from criminal justice towards a health-led response to drug use.

A Model for Predicting the Class of Illicit Drug Suspects and Offenders

In this study, the artificial neural network was deployed to develop a classification model for predicting the class of a drug-related suspect into either the drug peddler or non-drug peddler class. A dataset consisting of 262 observations on drug suspects and offenders in central Nigeria was used to train the model which uses parameters such as exhibit type, suspect’s age, exhibit weight, and suspect’s gender to predict the class of a suspect, with a predictive accuracy of 83%. The model sets the pace for the implementation of a full system for use at airports, seaports, police stations, and by security agents concerned with drug-related matters. The accurate classification of suspects and offenders will ensure a faster and correct reference to the sections of the drug law that correspond to a particular offence for appropriate actions such as prosecution or rehabilitation.

Sentencing Drug Offenders Justly While Reducing Mass Incarceration

In my paper, I discuss what I believe is the most effective approach to sentencing drug defendants. I start with the proposition that in many, if not most cases, incarcerating drug offenders does more harm than good. Imprisonment contributes to mass incarceration, does not deter unlawful drug activity and has an adverse racial impact. Thus, if a judge can reasonably avoid imposing a prison sentence, he or she should do so. Fortunately, this is the judge’s duty under the law. 18 U.S.C. §3553(a) requires a judge to impose a sentence that is “sufficient but not greater than necessary…” or, in other words, the least restrictive reasonable sentence. Thus, in every case, the judge must first consider whether a non-incarcerative sentence is sufficient. It often will be. In determining the appropriate sentence, a judge should focus on what the offender did and why and what he or she will likely do in the future and pay less attention to such factors as drug type and drug weight. Sometimes, a mandatory minimum sentence will apply and prevent a judge from imposing a fair sentence, but that is outside the judge’s control. Fortunately, because of Booker and its progeny, the Federal Sentencing Guidelines do not pose a similar problem. The judge, of course, must calculate and consider the applicable guideline but in many cases the guideline will be irrelevant to a just sentence. This is so because the guidelines are excessively oriented toward prison sentences and thus frequently conflict with the sufficient but not greater than necessary command of §3553(a). In my paper, I provide numerous examples of sentences that I have imposed and explanations of those sentences to illustrate this approach.

Sentencing Federal Drug Offenders

The Drug War ushered in harsh sentencing practices in the United States. The severity in penalties has been particularly salient in the federal criminal justice system. Increased statutory penalties and U.S. Sentencing Commission guidelines led to drug users and traffickers serving longer periods of incarceration. As a result, the federal correctional system is overburdened. A noticeable change in attitude is evident. Congress has offered leniency for certain first-time drug offenders in the form of a statutory safety valve. While a progressive step, the safety valve applies to relatively few individuals. Importantly, federal judges have some discretion to reject what they might consider to be overly lengthy sentencing mandates. This Article provides an empirical study of sentencing statistics for drug offences. The sample derives from the U.S. Sentencing Commission’s fiscal year 2019 dataset of over 20,000 cases sentenced for drug crimes. Results show that judges employed various mechanisms to reduce statutory- and guidelines-based penalties. Strategies by judges include avoiding mandatory minimums (using the safety valve and otherwise), giving greater point reductions than permitted, and rejecting Commission policies. Over 60% of sentences were below the guidelines’ minimum recommendations. The consequences are beneficial in alleviating strain on the federal prison population, but create inconsistency in sentencing practices. A qualitative component supplements the quantitative. Judges, when issuing their statement of reasons for the sentence, may include textual comments. These comments provide valuable contextual information in how judges articulate their concerns with sanctions for drug offenders. Overall results present important policy considerations.

Sentencing Drug Offenders Justly While Reducing Mass Incarceration

In my paper, I discuss what I believe is the most effective approach to sentencing drug defendants. I start with the proposition that in many, if not most cases, incarcerating drug offenders does more harm than good. Imprisonment contributes to mass incarceration, does not deter unlawful drug activity and has an adverse racial impact. Thus, if a judge can reasonably avoid imposing a prison sentence, he or she should do so. Fortunately, this is the judge’s duty under the law. 18 U.S.C. §3553(a) requires a judge to impose a sentence that is “sufficient but not greater than necessary…” or, in other words, the least restrictive reasonable sentence. Thus, in every case, the judge must first consider whether a non-incarcerative sentence is sufficient. It often will be. In determining the appropriate sentence, a judge should focus on what the offender did and why and what he or she will likely do in the future and pay less attention to such factors as drug type and drug weight. Sometimes, a mandatory minimum sentence will apply and prevent a judge from imposing a fair sentence, but that is outside the judge’s control. Fortunately, because of Booker and its progeny, the Federal Sentencing Guidelines do not pose a similar problem. The judge, of course, must calculate and consider the applicable guideline but in many cases the guideline will be irrelevant to a just sentence. This is so because the guidelines are excessively oriented toward prison sentences and thus frequently conflict with the sufficient but not greater than necessary command of §3553(a). In my paper, I provide numerous examples of sentences that I have imposed and explanations of those sentences to illustrate this approach.

Public Support for Using “Second Chance” Mechanisms to Reconsider Long-Term Prison Sentences for Drug Crimes

Using a national sample of U.S. adults (N = 371), this study experimentally examines (1) public support for the use of strategies that provide early release (i.e., “second chance” mechanisms) to individuals serving long-term prison sentences for drug crimes; and (2) how levels of support, and reasons for support, may vary depending on the type of drug-related offense. Results show moderate levels of support for using second chance mechanisms, both generally and in relation to specific strategies commonly available across jurisdictions, for a range of drug offenders. Yet participants showed significantly more support for using presumptive parole, elimination of parole revocations for technical violations, second-look sentencing, and compassionate release in the cases of those incarcerated long term for serious trafficking of marijuana, as compared to serious trafficking of serious drugs. Data also suggest that the public finds a range of factors—including the original sentence being extreme by international standards, extreme due to racially biased practices, out of step with current sentencing values/practices, too costly, and continuing to incarcerate someone unlikely to be a public safety threat—as at least moderately important to their support for the use of second chance mechanisms across drug crimes, and the importance of these factors to that support does not appear to differ significantly based on the type of drug offense. The importance of these results for policy making and utilization are discussed, as well as implications for reducing our historical reliance on drug-related incarceration.

Sentencing to Drug Court

Drug courts are frequently touted as an alternative sentencing option for low-level drug offenders and were even promoted by U.S. presidential candidates in 2020. While national organizations tout that “Drug Courts Work,” there are many who question their efficacy. Favorable statistics and success stories depend on close fidelity to the prescribed models from the National Association of Drug Court Professionals. With rapid adoption of drug courts nationwide, and little oversight of their fidelity to the drug court model, some judges may operate drug courts in ways that can harm, rather than help, an increasing number of participants. Improper drug court admissions and heavy use of jail sanctioning lead to worse outcomes for participants—and to suspicion toward drug courts among the criminal justice reform movement of which drug courts aim to be a part. While the drug court model has evolved as a treatment model for offenders with high criminogenic risk and high treatment need, some judges either disregard or are unaware of this shift. Participants are supervised more closely and are often given higher treatment dosages than they require to address their substance use disorder. Low-level offenders may end up with accrued jail time through their drug court participation that exceeds the amount they would have received had they simply been sentenced to a jail term at the outset of their plea. Increased oversight of drug courts, combined with required education for judges and court staff, will lead to a better understanding of the drug court model. By identifying the proper target population, focusing on treatment, and reducing or eliminating jail sanctions, drug courts will align with the national model, improve outcomes, and reduce both jail time and recidivism of their participants. This Article outlines the evolution of the drug court model and shows that lack of understanding of that evolution leads to harsher sentencing for low-level drug offenders.

Social inequality in alternative sanctions: A register data study on all adolescent drug offenders in Norway 2005–2015

The penal repertoire for young offenders in Europe encompasses an increasing variety of alternative sanctions. Research indicates that the availability and implementation of these sanctions vary within jurisdictions, raising issues of unequal treatment for equal offences. Among possible factors associated with intra-jurisdictional disparities in alternative sentencing outcomes is the socioeconomic status of young offenders. This study investigates the social profile of diverted youth, thereby addressing social inequalities in alternative sanctioning. Register data on all 15- to 17-year olds charged with minor drug offences in Norway between 2005 and 2015 ( N = 3209) were compared to a randomly drawn sample of non-offenders ( N = 69,201). Offenders who were diverted from a fine to a conditional waiver of prosecution, either with or without rehabilitative measures, were classified with an alternative sanction. Socioeconomic status was measured by an indicator combining register data on household income and parental education. Probit regressions with sample selection were used to identify social gradients in alternative sanctioning. By extensive register linkages, we were able to control for a range of well-known confounders such as gender, immigrant status, family composition, parental crime, and geographical centrality. We found that the probability of receiving a conditional waiver of prosecution was around 5% points higher for youth from a medium-high socioeconomic status background and 8% points higher for youth from a high socioeconomic status background compared with their low socioeconomic status counterparts. The positive social gradient pertained to sanctioning with rehabilitative elements and not to minimal interventions. Social inequality in desistance-oriented sanctions, which may consolidate pre-existing inequalities in criminal charges, is likely influenced by the resources parents have at their disposal to get involved in their children’s legal processes.

KEBIJAKAN HUKUMAN MATI TERHADAP TERPIDANA NARKOTIKA DI INDONESIA DITINJAU DARI HAK ASASI MANUSIA

Indonesia is one of the countries that still imposes a death penalty for certain crimes that fall into the type of extra ordinary crimes. Drugs trafficking crimes is one that falls into the extra ordinary crime types. Over of time, this crime has grown not only from the increasing number of users and dealers but also from the types of drugs themselves so that the Indonesiangovernment requires a strict punishment in overcoming these crimes. On the other hand, the implementation of imprisonment is considered ineffective,in fact, in some cases the convictshave the opportunity to become recidivists and control the crime even more. Therefore, the death penalty policy for drugs convicts is an effort that is expected to eradicate drugs trafficking crimes in Indonesia. The problems wichis studied in this paper is how is the regulation of the death penalty for drugs convicts according to the law in Indonesia, how the effectiveness of the death penalty for drugs convicts and how the death penalty policy for drugs convicts is reviewed by a human rights perspectivity. This research was conducted in a normative juridical manner and is expected to provide a comprehensive explanation of matters relating to the death penalty policy for drugs convicts by a human rights perspectivity. Based on the results of this research paper, the death penalty has been regulated in law number 35 of 2009 does not have a deterrent effect on drug offenders. In addition, the death penalty policy for drugs convicts if it viewed from human rights is contradictory because the right to life is the most important right for humans and is contained in the 1945 constitution as the written basic law for the Indonesian nations.