Examining Drugs, Crime & Criminalisation

CRIM212 julian.buchanan@vuw.ac.nz »
Julian Buchanan

Risks
Legal
Social
Employment
Future
Monitor / Arrest
Fear, Anxiety, Risk and Paranoia
Possession
Conviction
Criminal record
-more damaging than the drug
Prison
Stigma, exclusion and distrust
Secrecy
Underworld
Criminal behaviour
Unknowns
known use
testing positive
having a drug conviction
Travel
Emigration
Housing
Employment
Mortgages & insurance
Relationships
of taking 'criminalised' drugs
Drug Law
Dangerous and controlled drugs
Drug Policy in 21st century
Alternatives
Commissioners
"The global war on drugs has failed, with devastating consequences for individuals and societies around the world.

Fifty years after the initiation of the UN Single Convention on Narcotic Drugs, and 40 years after President Nixon launched the US government’s war on drugs, fundamental reforms in national and global drug control policies are urgently needed."

http://www.globalcommissionondrugs.org/Report
NZ MDA 1975
Drug E
Drug D
Drug F
How much do you know about drugs?
This stimulant drug is psychologically addictive.
These drug users feel that they can’t face life
unless they have their fix. Most of these drug
users have to take the drug at least once a
day. If they can’t get hold of their drug these
users become edgy, irritable and restless.
Heavy users suffer palpitations, dizziness,
headaches, migraine and insomnia.
This drug is taken because of perceived health
benefits but research indicates this drug can
cause internal bleeding, serious stomach and
intestinal problems resulting in ulcers and
gastric bleeding.
Drug - Crime
Theories
Prevalence
Prison Increases
Discrimination
World Prison
Drugs & CJS
Answers:
Perceptions of pleasure,  perceptions of drugs
More accurate insight:
CRIM212 Examining Drugs, Crime & Criminalisation
Julian Buchanan
julian.buchanan@vuw.ac.nz
Institute of Criminology
Victoria University of Wellington
Drug B
Once hooked users find it very hard to stop. Every day they wake up they feel like they must get hold of the drug. If they don’t get hold or use this drug at some point in the day they often become irritable, preoccupied and moody. This drug is believed to kill more people than any other drug.
Drug A
This is a physically and psychologically addictive drug. Withdrawal from this drug is said to be worse than any other drug. Common withdrawal symptoms include: insomnia, nightmares, depression, anxiety, panic attacks, agoraphobia, excitability, jumpiness, restlessness, poor memory and concentration, dizziness, lightheadedness, weakness, “jelly legs”, tremor, muscle pain, stiffness in limbs, back, neck, jaw, head, sweating, night sweats and palpitations! These withdrawal symptoms can continue for months. Some suggest withdrawal may take one month for every year of drug taking. So someone with an 8 year habit could suffer withdrawal symptoms for 8 months.
Drug C
This depressant drug can affect mood and behaviour negatively. It is physically addictive and withdrawal is particularly unpleasant – in some of the worst cases drug users suffer epileptic seizures and hallucinations when withdrawing (turkeying). This drug is strongly linked to aggression and violence.
These drug users tend to have to take their drug at
least every day. Although the drug can be taken
in different ways – a popular way involves
equipment. These drug users sadly have a habit
of discarding their ‘works’ (this is a drug using
term for equipment used to take a drug). This is
not only unpleasant for the public and risks
causing serious harm to non users – it can be
life threatening to others. Every year a number
of innocent people are killed.
Benzodiazepines
tobacco
alcohol
caffeine
aspirin
cigarettes (tobacco)
» Asma Jahangir
- human rights activist, former UN Special Rapporteur on Arbitrary, Extrajudicial and Summary Executions, Pakistan

» Carlos Fuentes
- writer and public intellectual, Mexico

» César Gaviria
- former President of Colômbia

» Ernesto Zedillo
- former President of México

» Fernando Henrique Cardoso
- former President of Brazil (chair)

» George Papandreou
- Prime Minister of Greece

» George Shultz
- former Secretary of State, United States (honorary chair)

» Javier Solana
- former European Union High Representative for the Common Foreign and Security Policy, Spain

» John Whitehead
- banker and civil servant, chair of the World Trade Center Memorial, United States

» Kofi Annan
- former Secretary General of the United Nations, Ghana
http://www.kcl.ac.uk/depsta/law/research/icps/downloads/wppl-8th_41.pdf
http://www.globalcommissionondrugs.org/Report
Extracted from:
Buchanan J (2009) Understanding and misunderstanding problem drug use: working together, in R Carnwell & J Buchanan (eds) Effective Practice in Health, Social Care & Criminal Justice: A partnership approach, Open University Press, Maidenhead.
Extract was taken from:
Buchanan J (2008) Understanding and engaging with problematic substance use, in Addressing Offending Behaviour – Context, Practice, Values. pp.246-264, edited by Simon Green, Elizabeth Lancaster and Simon Feasey, Willan Publishing.
Substance Defined – these are actions involving substances that are specifically mentioned and defined by legislation as criminal. For example possession of heroin, driving with excess alcohol, giving an ecstasy tablet to a friend. Defined crimes are socially constructed; the use of the substance is prohibited by laws which are designed to protect the individual and the wider community from the harms of substance use. These crimes are more easily measured
Substance Influenced – these are crimes that don’t refer to substance use but are committed when ‘under the influence’ or intoxicated by a substance. Substance influenced crimes are more difficult to measure in that it requires an assessment that indeed the offender is under the influence of a substance, and secondly that intoxication played some part in the commission of the offence.
Substance Related – these are crime that are committed that don’t refer to substance use, that are not committed while under the influence but are somehow connected, related and/or motivated by substance use. Typically a heroin user who steals from a shop in order to fund a heroin habit. These crimes require an assessment that the person is a substance user, and secondly that the crime was in some way related to their substance use habit.
1. PHYSICAL ADDICTION
Physically drugs cause people to change. They become physically addicted and biologically lose control of themselves – they become hooked, can’t help themselves - they commit crime. Some argue it’s a disease or brain disorder.
4.  A DEVIANT SUB-CULTURE
A drug centred lifestyle involving other criminal activity is understood as deviant behaviour belonging to a sub cultural group who refuse to adhere to the the dominant norms of culturally approved behaviours.
The Law Commission Review of the 1975 MDA

RECOMMENDS
A mandatory cautioning scheme for all personal possession and use offences that come to the attention of the police, removing minor drug offenders from the criminal justice system and providing greater opportunities for those in need of treatment to access it.

A full scale review of the current drug classification system which is used to determine restrictiveness of controls and severity of penalties, addressing existing inconsistencies and focusing solely on assessing a drug’s risk of harm, including social harm.
julian.buchanan@vuw.ac.nz
7
Pick 'n' Mix
by
Socially Constructed Risks Caused by Criminalisation
Let's be honest about drugs?
Famous Opium Users
The drugs alcohol, tobacco and caffeine are  not classified
» Louise Arbour
- former UN High Commissioner for Human Rights, president of the International Crisis Group, Canada

» Maria Cattaui
- Member of the Board, Petroplus Holdings; former Secretary-General of the International Chamber of Commerce, Switzerland

» Marion Caspers-Merk
- former State Secretary at the German Federal Ministry of Health, Germany

» Mario Vargas Llosa
- writer and public intellectual, Peru

» Michel Kazatchkine
- executive director of the Global Fund to Fight AIDS, Tuberculosis and Malaria, France

» Paul Volcker
- former Chairman of the US Federal Reserve and of the Economic Recovery Board, US

» Richard Branson
- entrepreneur, advocate for social causes, founder of the Virgin Group, cofounder of The Elders, United Kingdom

» Ruth Dreifuss
- former President of Switzerland and Minister of Home Affairs

» Thorvald Stoltenberg
- former Minister of Foreign Affairs and UN High Commissioner for Refugees, Norway
A drug policy fit for purpose?
*thanks to Monica Barratt for allowing me to copy and adapt her Prezi design
*
2. PSYCHOLOGICAL ADDICTION
Psychologically drugs causes people to change personality. They lose self control, lose morality and lose values. They are enslaved by an external locus of control and can't control their behaviour, including commiting crime.
3. ECONOMIC NEED
Drug dependence and crime are to do with poverty and economic necessity - people with very limited means commit crime simply because they can’t afford to pay for their drug habit. If they could afford the drug or obtain a clean free legal supply like they wouldn't commit crime.
5. DISCARDED WORKING CLASS
Drug taking does not cause crime but they are associated with deeper underlying issues including inequality, social capital and social exclusion. Drug dependence and crime provides isolated and discarded working class people with structure, meaning, purpose, rewards and identity - things they have little or no legitimate access to otherwise.
6. PROHIBITION
There is no connection with drug consumption and criminal behaviour, but it is prohibition itself is the main cause of criminal activity. Prohibition creates a lucrative highly profitable drug trade in which 'dealers' must manage their million dollar business completely outside of the protection and regulations offered by the law. Prohibition breeds gangsters, violence and money laundering - as illustrated in the USA with alcohol in the 1920s – it’s no different with drugs.
7. NO CONNECTION
Taking drugs does not result in criminal behaviour. Around 95% of illicit drug users do not have a drug problem and don't commit crime as a result of taking drugs, - no more than a person taking tobacco, alcohol or caffeine would end committing crime.

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