Drug-related Offenses Research Articles

Strategies of Formerly Incarcerated Balinese Women in Fighting Social Stigma

As in other regions of Indonesia, after serving their prison sentences, many women in Bali face difficulties in re-integrating into society. This article aims to reveal the strategies employed by formerly incarcerated Balinese females in combating social stigma. The chosen cases include embezzlement, identity fraud, and drug-related offenses, with the intention of understanding the challenges faced by these women. Data were collected through observation and interviews, focusing on the strategies utilized by three women to fight stigma and the legal perspectives regarding their stigmatization of these women. The analysis concludes that the patriarchal culture extends the arena of stigmatization for former Balinese female prisoners, as they have lost certain rights within their families and traditional socio-cultural norms. Stigma presents challenges for them in leading a normal life and hinders their social reintegration. Certain legal provisions reinforce this stigma, leading to discriminatory effects. This article encourages communities of former friends to participate in supporting them, so they become aware and do not reoffend. In this context, the role of the government and customary institutions is crucial in assisting former prisoners to return to normal societal life. Specifically, the BAPAS, the institution which, under Indonesian law, carries out the function of community guidance, plays an active part in accompanying former prisoners to ensure they regain their full rights as citizens.

Disparity in Sentencing and the Effectiveness of Indonesia's Narcotics Law: A Critical Analysis of Law No. 35 of 2009

Drug abuse in Indonesia remains a pervasive issue with significant social, economic, and health implications. Law No. 35 of 2009 concerning Narcotics was enacted to combat this problem through comprehensive provisions encompassing prevention, criminalization, and rehabilitation. This study critically analyzes the implementation of Law No. 35 of 2009, focusing on sentencing disparities and their impact on achieving the law's objectives. This study employed a qualitative approach with a normative legal analysis. Primary data sources included Law No. 35 of 2009, related regulations, court decisions, and legal documents. Secondary data comprised academic publications, reports from government and non-government organizations, and expert opinions. Data analysis involved a comprehensive review and thematic analysis of the collected materials, focusing on identifying patterns, inconsistencies, and challenges in the application of the law. The study revealed a significant disparity in sentencing under Law No. 35 of 2009. Drug users, often suffering from addiction, frequently receive harsher punishments than drug dealers, who play a more significant role in the illicit narcotics trade. Judges often fail to differentiate between users and dealers, leading to inappropriate sentencing. Despite provisions for rehabilitation, many users end up incarcerated due to limited access to treatment facilities and programs. In conclusion, while Law No. 35 of 2009 provides a comprehensive legal framework for addressing drug abuse, its implementation reveals significant shortcomings, particularly concerning sentencing disparities. Judges need comprehensive training to understand the nuances of the law and apply it fairly, considering the roles of different actors in drug-related offenses. Increased investment in rehabilitation programs and facilities is crucial to offer effective treatment options for drug users, reducing recidivism and promoting reintegration into society.

The Changes in Drug Laws to Apply the Death Penalty for Drug-Related Offences in Vietnam

Vietnam has a history of executing individuals for particularly serious crimes. Applying the death penalty for drug-related crimes has sparked considerable debate since the first criminal code in 1985. Vietnam has retained this toughest punishment as one of the deterrent methods to combat drug trafficking in the last three decades. However, as a retentionist-and-reductionist state, Vietnam abolished capital punishment for several crimes in the last code (2015), including drug possession and appropriation. The application of the death penalty for drug offences in Vietnam has evolved in response to international standards and the country’s global integration. Despite these changes, the death penalty remains a contentious issue in Vietnam, with the country maintaining its right to use it in its criminal code system. The path towards the complete abolition of capital punishment for drug offences is still uncertain because this complex issue involves political, legal, and social aspects in Vietnam’s context, particularly when the Communist Party’s ideologies still prefer a supply-driven reduction. This study uses personal reflections from over 20 years to focus and combine with the grey literature from national reports and desk-study in Vietnam’s legislative documents. Seven specific thoughts with relevant recommendations in the last section will explain why we should need further evidence to (re)call for consideration to reduce the death penalty for drug offences before requesting/asking Vietnam to abolish these concerns immediately.

Advocating for Disciplinary Reform Through a Systematic Review of School Discipline Laws and State Guidance Across the United States

We conducted a systematic documentary content analysis of state laws and state education agency (SEA) disciplinary guidance from all 50 states in the United States. We focused on zero tolerance policies, mandates for review of disproportionality in discipline data, the utilization of school resource officers in discipline, corporal punishment, and prevention. Knowledge of practices throughout the United States is critical for school psychologists to advocate for socially just disciplinary practices and reform. Most state laws require zero tolerance practices for weapons and drug related offenses, yet very few mandate zero tolerance for minor offenses such as insubordination or disrespect. Only nine states require SEAs to review data for disproportionality or require school districts to remedy disproportionality when it is present. Eleven states allow for school resource officers to be involved in discipline outside of high-level safety concerns. Additionally, 23 states still allow corporal punishment in schools. Many states offer guidance to districts on the implementation of multitiered systems of support (MTSS), positive behavioral interventions and supports (PBIS), restorative practices, progressive discipline, and classroom-based interventions. Implications for school psychologists advocating for disciplinary reform at the local, state, and national level will be discussed. Impact Statement The researchers conducted a systematic national content analysis of school discipline laws and SEA guidance documents. We hope that the findings about school disciplinary laws and SEA guidance in each state will assist school psychologists in targeting their advocacy and reform efforts for more equitable and proactive disciplinary practices at the local, state, and national level.

Совершенствование административно-правовых мер в сфере предупреждения преступности лиц, злоупотребляющих наркотиками

The article reviews the place of administrative law measures in the system of prevention of crimes committed by drug addicts. The publication analyzes provisions of administrative laws that stipulate liability for drug abuse. The author dives into history of application of coercive administrative and medical measures in the soviet period, describes provisions of penal laws regulating obligatory treatment of drug-abusing convicts. Based on the historical experience of Russia and the practice of listed CIS member-states, the author suggests measures for improvement of laws in the sphere of combating drug abuse, crimes and other drug-related offenses.

Readiness for re-entry among pre-release prisoners in Sarawak, Malaysia

PurposeRe-entry refers to the process of transitioning back into society after incarceration, and it is a complex phenomenon that requires further exploration. Therefore, this study aims to identify the readiness for re-entry among pre-release prisoners in Sarawak, Malaysia.Design/methodology/approachUsing Maslow’s hierarchy of needs theory as the theoretical foundation, quantitative place-based research was conducted among 384 pre-release prisoners in Kuching, Sri Aman, Sibu, Miri, Bintulu and Limbang prisons.FindingsThis study’s results indicated that most respondents were Malay male offenders between the ages of 25 and 29, Malaysian citizens, single and had completed their education up to the upper secondary level. Most respondents had multiple prior convictions (52.3%), were convicted for drug-related offences (50.3%), had served sentences ranging from two to five years (56.0%) and were scheduled for release in 2023 (60.7%). The findings also demonstrated that factors such as personal development, perceived employability, social development and health development significantly predict readiness for re-entry among pre-release prisoners [F(4, 379) = 96.269, p < 0.01].Practical implicationsThe findings of this study provide place-based evidence for the state government to understand the prisoner profile for further policy intervention measures and to enhance the personal development, perceived employability, social development and health development of pre-release prisoners. Given that most offenses were drug-related, it is crucial to highlight the state government’s need to invest in evidence-based drug treatment programmes. Synergy among different stakeholders is important to devise appropriate drug treatment programmes tailored to the current needs of the prison population to ensure successful reintegration into society and to actualise their potential.Originality/valueTo the best of the authors’ knowledge, this is the first research study conducted in Sarawak, Malaysia, that examined re-entry readiness among pre-release prisoners. It contributes to the knowledge pool by providing place-based evidence that takes into account readiness for re-entry among pre-release prisoners in Sarawak, Malaysia, from an Asian perspective to promote the attainment of SDG16.

Modern Illegal Drug Business in Ukraine: Multidisciplinary Study of the System of Prevention and Countermeasures Against the Legalization of Income (Money Laundering) Obtained by Criminal Means

Established that the modern illegal drug trade is an integral part of transnational organized crime, involving the laundering of proceeds obtained through criminal activities. A comprehensive multidisciplinary study was conducted to evaluate the effectiveness of Ukraine's efforts to combat the contemporary drug trade and to analyze the international system for preventing and countering the legalization of illicit income (money laundering). This study confirmed the connection between transnational organized crime and the laundering of money derived from the illegal trafficking of banned psychoactive substances. The research emphasized the critical need to enhance the criminal and legal frameworks, improve medical and pharmaceutical support, and expand social and economic assistance. By examining the global experience in combating organized crime and drug-related offenses, the study provided valuable insights into effective strategies. Particular attention was given to forensic pharmaceutical practices related to the detection of prohibited psychoactive substances and the legalization of income from their illicit trade. To address these challenges, the study recommends increasing the criminal liability for members of organized drug trafficking gangs and suggests specific amendments to articles 115, 305, and 307 of the Ukrainian Criminal Code. Furthermore, a detailed analysis of the European Union’s roadmap and international cooperation efforts in combating the illegal circulation of prohibited psychoactive substances and the laundering of illegal profits was conducted. Normative initiatives aimed at amending Article 209 of the Ukrainian Criminal Code were developed and proposed. The study indicated the importance of implementing the EU Roadmap measures in Ukraine to foster cooperation among various private and public institutions. This collaborative approach aims to coordinate joint actions, conduct research, and organize conferences and training sessions based on the EMCDDA European prevention program and UN initiatives. The study underscores the relevance, timeliness, and practical significance of engaging the international community, including scientists, medical professionals, pharmacists, students, the public, legal experts, law enforcement, and government authorities. Through this multidisciplinary approach, the study seeks to promote a more effective and coordinated response to the challenges posed by the modern drug trade and its associated criminal activities.

Ghost guns and crime: a tale of two California cities

BackgroundPrivately made firearms (PMFs) or “ghost guns” are homemade, unserialized, untraceable firearms that have been increasingly used in violent crime in the United States. Very little is known about the types of PMFs recovered by law enforcement agencies and the crimes associated with these recoveries. This lack of information limits effective violence prevention policies and practices. Comparative analysis of PMF recoveries in specific cities helps clarify whether local PMF patterns and characteristics vary or reflect more general trends. This research advances epidemiological understanding of emergent violent gun injury prevention challenges by identifying variations in recovered PMF types and use in violent, drug, and weapon-related offenses in Los Angeles and San Diego, California.MethodsConjunctive analysis of case configurations (CACC) identifies patterns among observations (i.e., case configurations) and calculates their probability associated with a given outcome. CACC was used to identify the most common types of PMFs recovered by the Los Angeles (LAPD) and San Diego (SDPD) police departments. For each department and offense type, case configurations with above-average probabilities of offense involvement were determined. Comparisons across departments were made to identify similarities and differences in PMF characteristics and usage.ResultsPMFs were more likely to be involved in violent and weapon-related offenses in Los Angles but more likely to be involved in drug-related offenses in San Diego. In both cities, the 9 mm Polymer 80 handgun was the dominant PMF. However, 9 mm handguns were most likely to be involved in weapon-related offenses in Los Angeles compared to 0.40 handguns in San Diego. Furthermore, large-caliber handguns tended to display above-average probabilities of involvement in violent and drug offenses in Los Angeles. Long guns were represented in case configurations with above-average probabilities of involvement in substantive crimes, including violence.ConclusionsComparative analyses of PMF recovery patterns in Los Angeles and San Diego reveal meaningful contextual variations in PMF characteristics and suggest intentional firearm type selections by offenders. The results support increased regulation of PMFs and highlight the importance of efforts to identify and disrupt the illicit supply of large-caliber PMF handguns and PMF long guns.

Drug-related Offences in India: Observations and Insights from the Secondary Analysis of the Data from the National Crimes Record Bureau

Background: People who use psychoactive substances that are illicit have increased chances of coming into contact with the law enforcement and criminal justice systems for different reasons. The problem statement in terms of the need for healthcare services for such people is yet to be defined and quantified in India. Methods: We used the data collected by the National Crimes Record Bureau for the years 1986 to 2021. We assessed the profile of offences registered under the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 over the successive years in India. We also made comparisons between the offences for possession for personal use/consumption and for trafficking of narcotic drugs and psychotropic substances at the national level and at the level of states and union territories in the country. Results: The percentage of these arrests, charge sheets and convictions as part of total Special and Local Laws (SLL) has increased over the years, showing a positive monotonic trend. A large percentage of those arrested were males. A higher percentage of females were arrested and charge-sheeted for trafficking than for personal use or consumption. The percentage of total persons arrested, charge-sheeted and convicted for possession of drugs for personal use/consumption was greater than that of those arrested for possession of drugs for trafficking for all years from 2017 to 2021. There were significant associations between gender and the types of offense. The highest rates of offences were reported from some north-western states, north-eastern states and Kerala. Conclusion: The findings help us make a strong argument in favour of strengthening the health sector response for people who use psychoactive substances and are in contact with the law enforcement and criminal justice systems in the country.

A Criminological Study of the Impact of Heroin Use on Problems Associated with Urban Poverty in Sri Lanka

Drug abuse has caused a lot of personal and social problems globally. In almost every country in the world, offences related to drugs are considered illegal behaviours, and related punishments have been established. However, laws and regulations related to intoxicants vary from country to country. Misbehaviour related to the use of drugs in Sri Lanka has also been defined as illegal behaviour. This study is very important from a criminological and social science point of view on how heroin use affects urban poverty. Colombo City is unique among the urban areas of Sri Lanka, and it is evident that a large number of low-income urban communities around the city are living without very minimal facilities. One of the main factors affecting their poverty is the use of heroin by the people living in those families. Among those arrested for drug-related offences in the year 2021, most were arrested for heroin-related offences. In the five years since that year, the number of arrests for heroin offences has increased every year more than for other drugs. The methods of interview, questionnaire, and observation were used to collect the primary data for the research. Accordingly, fifty people prone to heroin use who live in shacks and apartment complexes in the district’s low-income community were used as the sample. Data analysis was conducted quantitatively and qualitatively. In terms of ethnicity, Sinhalese nationals are the most arrested for heroin-related offences. The percentage is 50% arrests among Sinhalese, 30% among Muslims, and 20% among Tamils. Age-wise, the age groups with the highest number of arrests are 16–20 and 31–35. The great majority work as labourers or in hired jobs, and the majority have low levels of education. Families face many problems as a result of heroin usage and related offences. Economic problems, family disputes, leaving families, the tendency to commit other crimes, health problems, legal problems, problems in the socialisation of children, and many other personal and social problems have arisen due to this. These problems are directly linked to urban sprawl.

Evaluating police drug diversion in England: protocol for a realist evaluation

There is increasing international interest in the use of police drug diversion schemes that offer people suspected of minor drug-related offences an educative or therapeutic intervention as an alternative to criminalisation. While there have been randomised trials of some such schemes for their effects on reducing offending, with generally positive results, less is known about the health outcomes, and what works, for whom, in what circumstances and why. This protocol reports on a realist evaluation of police drug diversion in England that has been coproduced by a team of academic, policing, health, and service user partners. The overall study design combines a qualitative assessment of the implementation, contexts, mechanisms, moderators and outcomes of schemes in Durham, Thames Valley and the West Midlands with a quantitative, quasi-experimental analysis of administrative data on the effects of being exposed to the presence of police drug diversion on reoffending and health outcomes. These will be supplemented with analysis of the cost-consequences of the evaluated schemes, an analysis of the equity of their implementation and effects, and a realist synthesis of the various findings from these different methods.

Adjudication and Treatment of Narcotic Drug Offenders in Ghana

Narcotic drug trafficking is a criminal and punishable offence in every country the world over. The use of certain narcotic drugs, on the other hand (especially marijuana), has been legalised in some countries, but under strict regulations. Like other countries, and as a signatory to the United Nations Conventions on narcotic drugs, Ghana has implemented severe punitive sanctions for narcotic drug-related offences to deter people from engaging in this crime. This paper assesses in detail the legal regime dealing with the adjudication and treatment of narcotic drug offenders in Ghana. It reveals that narcotic-related offences carry severe sentences including fines, imprisonment, or both fine and imprisonment. However, as narcotic drug use is currently deemed a public health issue, offenders may be sentenced to treatment facilities rather than imprisonment. Such treatment may be received in either a public or a private facility, and involves a combination of evidence-based and faith-based approaches.

Drug Addiction and Incarceration: A Call for Research and Transparency Among Prison-Based Substance Abuse Treatment Programs.

As drug-related offense and illicit drug overdose rates continue to grow in the United States, criminologists have begun to pay more attention to factors influencing illicit drug use as well as effective methods of promoting drug abstinence in treatment programs across the nation. Although much scholarly attention is given to community-based substance abuse treatment programs, a considerably smaller focus of research is devoted to substance abuse treatment programs that are prison-based. Moreover, some of the most effective methods of treating inmates who are addicted to an illicit drug (such as Cognitive Behavioral Therapy, Therapeutic Community, etc.), although praised for their initiative and theoretical effectiveness, are often demonstrated via individualized empirical study that the expected advantages of such programmatic forms of treatment fail to emerge. The present study explores what scholars have discovered regarding the effectiveness of prison-based substance abuse treatment programs, how such findings appear to contradict one another, and why state prison systems should be more transparent regarding their in-house drug treatment programs in their publicly accessible reports that are formulated into cumulative reports on each states' Bureau of Corrections websites.

A multisite study of amphetamine use disorders, length of detention and readmission in rural jails

PurposeMost people admitted to jails present indications of substance use disorder, and methamphetamine use disorders (MUDs) have recently become the most prevalent in certain communities. Much of the research conducted with jail populations has focused on large urban facilities, despite them representing a small number of the nearly 3,000 correctional centers in the USA. This study aims to examine MUDs in a large multisite sample of adults admitted to rural jails in the USA to help inform better practices aimed at addressing these conditions.Design/methodology/approachInterviews were conducted with 525 adults ranging in age from 18 to 72 years within three rural detention centers within the USA using the Comprehensive Addictions and Psychological Evaluation-5. Retrospective records were extracted to assess relationships between Diagnostic and Statistical Manual of Mental Disorders diagnostic classifications for MUDs, length of detention and jail admission over a 12-month period.FindingsResults indicate those who met diagnostic criteria for MUD were more likely to be charged with a drug-related offense, a more serious offense (i.e. felony) and also spend more time detained relative to those who did not receive a similar diagnosis. Multivariate regression analyses also demonstrated persons with MUD diagnoses were significantly more likely to be admitted to the detention center on multiple occasions compared to those without a diagnosis.Originality/valueEvidence from an understudied population supports the need to address MUDs among adults detained in rural jails. Proper diagnosis and linkage to care can enhance efforts to reduce the prevalence of these conditions.

IMPLEMENTATION OF RESTORATIVE JUSTICE, THE INTENT OF PUNISHMENT, AND LEGAL CLARITY IN INDONESIA

This study looks at the fairness of restorative justice, the goal of punishment, and the need of legal certainty. According to the study's findings, restorative justice is still only being applied theoretically. In this instance, it emphasizes that the formalistic, long-established ideas of justice that have arisen in society and are applied in Indonesian customary law assemblies serve as the foundation for the genuine aim of sentencing. In contrast, the notions of individual deterrence and general deterrence call for actions to be absolute in order to produce a deterrent impact. Afterward, the idea of reform or rehabilitation was further developed. The use of restorative justice emphasizes the recovery of victims' material losses as a result of the perpetrators' unlawful acts, both physically and psychologically. This is done through a consensus-building process involving the perpetrator, the victim, the perpetrator's family, and the victim's family, as well as, if necessary, the community and the appropriate authorities. With relation to legal norms and values, this research methodology is normative juridical along with theories, legal doctrine, jurisprudence, applicable rules and regulations, as well as publications pertinent to the research topic. According to the study's findings, restorative justice is a noble form of justice when instances of illegal behavior have happened. Therefore, repair or restoration is crucial if the victim is to be rehabilitated or healed from the suffering he has endured on a material, physical, or psychic level. To be clear, restorative justice does not apply to all crimes; rather, it only does so in circumstances involving crimes against children, minor offenses, women in conflict with the law, and drug-related offenses. In order to provide clarity, there should be a firmness if the offender does not want to make restitution even though it is deemed capable of doing so in terms of material capabilities. There also needs to be concrete sanctions so that restorative justice is not only limited to other options; the legal framework for it should be expanded to the Constitution.

Intersectionality and Gendered Criminal Justice in South Asia: The Case of Pakistan

This study analyses intersectional perspective in relation to criminal legal justice in Pakistani society - a South Asian country with more than 220 million population. By drawing on insights from the women inmates and a criminal lawyer through qualitative interviews, the study probed the encounters of these women with criminal legal system and society. These women were incarcerated in drug-related offenses, murder, injury, and sex work. The study has found that social status identity (e.g., education and income), religious and gender identity of the women inmates experience the negative stereotyping, inadequate legal support, and discrimination in men’s dominated criminal justice system of Pakistan. The religious identity of the women inmates further overlaps in the legal system which can increase their vulnerability for discrimination in the criminal law that specifically deals with drug-related offenses. In relation to gender, women prisoners who are young and mothers with children allegedly incarcerated in murder were more vulnerable to patriarchal biasness and barriers of reintegration into family and community. The study has suggested skill-based education, establishment of free legal and reintegration service and oversight of police officials who register criminal cases against women offenders to prevent their religious and gender-based biasness while registering such cases.

From an offender-based to an offense-based justice: Changes in sentencing patterns in the juvenile justice system in São Paulo from 1990 to 2006

Juvenile justice systems around the globe are becoming increasingly more similar to criminal justice systems. In Brazil, previous legislations focused on the individuals themselves and did not distinguish between young offenders and children in precarious conditions, but a new legislation in 1990 marked a rupture and introduced elements of criminal law. We leverage a unique data set representative of every adolescent who has been through the juvenile justice system in the state of São Paulo between 1990 and 2006 and provide a quantitative assessment of the changes in sentencing patterns in the period. Results suggest that judges increasingly prioritise violent and drug-related offenses when convicting adolescent defendants, indicating that the Brazilian juvenile justice system progressively resembles the criminal justice rationale by emphasising the ideal of proportionality between crime and punishment. We conclude with a discussion on pendular justice, suggesting that juvenile justice in Brazil is moving from a positivist-inspired to a classic-inspire justice system.

Recreational marijuana legalization and drug-related offenses in Washington State: an interrupted time series analysis with a combination of synthetic controls

Recreational marijuana legalization and drug-related offenses in Washington State: an interrupted time series analysis with a combination of synthetic controls

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.

EFEKTIFITAS PELAKSANAAN PIDANA MATI BANDAR NARKOBA

The death penalty was among the most serious forms of crime in Indonesia. Not only in Indonesia, other countries far from Indonesia are also still debating the imposition of the death penalty. Drugs are dangerous substances that can damage the younger generation. Narcotics have become part of the perpetrators of drug dealers or dealers who are sentenced to death. The death penalty is considered as just since it can serve as a deterrence and can share horrors with someone who wants to commit a crime. On the other hand, the death penalty is a punishment that should not be applied because it deprives a person of the right to life. In dealing with this case, the author uses a qualitative approach. Qualitative research is understanding (understanding) social symptoms or phenomena by paying more attention to the complete picture of the phenomenon under study rather than breaking it down into related variables. According to the study's findings, the death sentence for drug-related offences should be abolished is still a criminal law enforced in Indonesia, as evidenced by the perpetrators of drug dealers and dealers of death penalty