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Date: November 22, 2024 Fri
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Results for decriminalization
20 results foundAuthor: New Zealand. Prostitution Law Review Committee Title: Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act, 2003 Summary: The New Zealand Prostitution Act (PRA) and the follow-up study examines the impacts of decriminalization of sex workers' rights and safety. The purpose of the PRA was to decriminalize prostitution, create a framework to safeguard the human rights of sex workers and protect them from exploitation, promote the welfare and occupational health and safety of sex workers, contribute to public health, and prohibit the use in prostitution of persons under 18 years of age. Findings of the report show that there has been no rise in numbers of women working in sex work. It also shows that sex workers are now more likely to report incidents of violence to the police and other agencies, and that some police officers have gone out of their way to work with the sex industry. Details: Wellington: Ministry of Justice, 2008 Source: Year: 2008 Country: New Zealand URL: Shelf Number: 117149 Keywords: DecriminalizationProstitution |
Author: American Bar Association. Criminal Justice Section Title: Dialogue On Strategies to Save States Money, Reform Criminal Justice & Keep the Public Safe Summary: The American Bar Association has chosen to focus on five key issues where states can implement changes that will promote public safety, reduce recidivism, and save money. These five issues cover a range of criminal justice topics, but the goal is the same: to create an effective, low-cost system that improves our current justice system. Below is a brief description of each policy. PRE-TRIAL RELEASE REFORM According to the United States Department of Justice, over 500,000 men and women sit in jail awaiting trial. Two-thirds of these people are low bail risk, meaning they have been deemed by a magistrate to pose no significant risk to themselves or the community, as well as representing a low risk of flight. Often, these inmates will sit in jail for over a year before standing trial. While these non-violent offenders are in jail, taxpayers provide them with food, clothing, healthcare, and security – last year alone the United States spent $9 billion on services for those who could not afford bail. With the development of better tools, methods, and technologies to supervise non-violent offenders, states will be able to save money on pretrial detention and reduce risk to the community. Those who pose the lowest risk can be identified, released before trial, and then appropriately monitored and supported so they do not become a risk. Under these narrow circumstances, not only do taxpayers save money, but the community is not put in danger. DECRIMINALIZATION OF MINOR OFFENSES State budgets have very limited resources. Because of these limits, police and prosecutors simply cannot bring justice to all culprits. By declassifying certain minor crimes, law enforcement and attorneys can focus on more serious offenders. A large portion of low-level cases in this country go unsolved – declassification would not only direct more resources toward the investigation of serious crimes, but it would also provide states with a steady stream of income in from applicable civil fines. EFFECTIVE REENTRY PROGRAMS Recidivists account for a significant portion of the United States’ prison populations – it is estimated that over half of former inmates are re-arrested and incarcerated within three years following release from prison. A key component to combating these high numbers is to more effectively choose those inmates who are prepared for release and to create programs that provide those released with useful counseling and vocational training. Without guidance, former inmates are often left without necessary support and job training and quickly return to a life of crime. With the costs of incarceration skyrocketing, states simply cannot afford to repeatedly house the same prisoners. At a reduced cost, states can implement programs that provide former inmates with the tools necessary to become successful, productive members of the community. INCREASED USE OF PAROLE & PROBATION Unnecessary inctiaornce irsa a tremendous expense to the taxpayer, and can do more harm than good with regards to an offender’s rehabilitation. Lengthy periods of incarceration should therefore be reserved for offenders who commit the most serious offenses and pose the greatest danger to the community. In contrast, alternatives to incarceration should be provided for those offenders who pose minimal risk to the community and appear likely to benefit from rehabilitation efforts outside a correctional institution. Recognizing that few convicted persons require lengthy incarceration and many require none, the ABA’s Criminal Justice Standards on Sentencing call for sentencing schemes that allow administrative parole boards to decide when individuals incarcerated under inadequately determinate sentences should be released. The Standards also include probation options for the courts, substantial “good time” credit for individuals sentenced to total confinement, and the assertion that violations of parole and probation for non-violent offenders should not automatically result in incarceration. COMMUNITY CORRECTIONS PROGRAMS Community corrections consists of any number of sanctions served by an offender within the community where that offender either (a) committed an offense, or (b) currently resides. The objectives of community corrections include punishing an offender in the least restrictive setting consistent with public safety and the gravity of the crime; providing offenders with education, training, and treatment to enable an individual to become a fully functional member of the community upon release from supervision; and making offenders accountable to the community for criminal behavior. Community corrections envisions a wide-range of locally implemented, non-incarcerative sanctions such as probation, day-reporting centers, community service, home confinement with or without electronic monitoring, drug and alcohol treatment, means-based fines, and restitution to both the victim and the community. Details: Washington, DC: American Bar Association, 2011. 170p. Source: Interent Resource: Accessed November 1, 2011 at: http://www.americanbar.org/content/dam/aba/events/criminal_justice/dialogpacket.authcheckdam.pdf Year: 2011 Country: United States URL: http://www.americanbar.org/content/dam/aba/events/criminal_justice/dialogpacket.authcheckdam.pdf Shelf Number: 123205 Keywords: BailCommunity CorrectionsCosts of Criminal JusticeCriminal Justice Policy (U.S.)Criminal Justice ReformDecriminalizationParolePretrial ReleasePrisoner ReentryProbation |
Author: Greenwald, Glenn Title: Drug Decriminalization in Portugal: Lessons for Creating Fair and Successful Drug Policies Summary: On July 1, 2001, a nationwide law in Portugal took effect that decriminalized all drugs, including cocaine and heroin. Under the new legal framework, all drugs were “decriminalized,” not “legalized.” Thus, drug possession for personal use and drug usage itself are still legally prohibited, but violations of those prohibitions are deemed to be exclusively administrative violations and are removed completely from the criminal realm. Drug trafficking continues to be prosecuted as a criminal offense. While other states in the European Union have developed various forms of de facto decriminalization— whereby substances perceived to be less serious (such as cannabis) rarely lead to criminal prosecution—Portugal remains the only EU member state with a law explicitly declaring drugs to be “decriminalized.” Because more than seven years have now elapsed since enactment of Portugal’s decriminalization system, there are ample data enabling its effects to be assessed. Notably, decriminalization has become increasingly popular in Portugal since 2001. Except for some far-right politicians, very few domestic political factions are agitating for a repeal of the 2001 law. And while there is a widespread perception that bureaucratic changes need to be made to Portugal’s decriminalization framework to make it more efficient and effective, there is no real debate about whether drugs should once again be criminalized. More significantly, none of the nightmare scenarios touted by preenactment decriminalization opponents— from rampant increases in drug usage among the young to the transformation of Lisbon into a haven for “drug tourists”—has occurred. The political consensus in favor of decriminalization is unsurprising in light of the relevant empirical data. Those data indicate that decriminalization has had no adverse effect on drug usage rates in Portugal, which, in numerous categories, are now among the lowest in the EU, particularly when compared with states with stringent criminalization regimes. Although postdecriminalization usage rates have remained roughly the same or even decreased slightly when compared with other EU states, drug-related pathologies—such as sexually transmitted diseases and deaths due to drug usage—have decreased dramatically. Drug policy experts attribute those positive trends to the enhanced ability of the Portuguese government to offer treatment programs to its citizens—enhancements made possible, for numerous reasons, by decriminalization. This report will begin with an examination of the Portuguese decriminalization framework as set forth in law and in terms of how it functions in practice. Also examined is the political climate in Portugal both pre- and postdecriminalization with regard to drug policy, and the impetus that led that nation to adopt decriminalization. The report then assesses Portuguese drug policy in the context of the EU’s approach to drugs. The varying legal frameworks, as well as the overall trend toward liberalization, are examined to enable a meaningful comparative assessment between Portuguese data and data from other EU states. The report also sets forth the data concerning drug-related trends in Portugal both pre- and postdecriminalization. The effects of decriminalization in Portugal are examined both in absolute terms and in comparisons with other states that continue to criminalize drugs, particularly within the EU. The data show that, judged by virtually every metric, the Portuguese decriminalization framework has been a resounding success. Within this success lie self-evident lessons that should guide drug policy debates around the world. Details: Washington, DC: Cato Institute, 2009. 38p. Source: Internet Resource: Accessed April 30, 2012 at: http://www.cato.org/pubs/wtpapers/greenwald_whitepaper.pdf Year: 2009 Country: Portugal URL: http://www.cato.org/pubs/wtpapers/greenwald_whitepaper.pdf Shelf Number: 125102 Keywords: DecriminalizationDrug AbuseDrug Policy (Portugal)Drug Reform |
Author: Murray, Chad Title: Mexican Drug Trafficking Organizations and Marijuana: The Potential Effects of U.S. Legalization Summary: Mexico's drug war has claimed more than 30,000 lives since 2006. The intensity and duration of this violence has produced an environment in which “few Mexican citizens feel safer today than they did ten years ago, and most believe that their government is losing the fight.” However, the problem of drug violence in Mexico is not domestic, but transnational in nature. President Barack Obama recently noted that “we are very mindful that the battle President Calderón is fighting inside of Mexico is not just his battle; it's also ours. We have to take responsibility just as he is taking responsibility.” It is U.S. demand for illicit drugs that provides the primary incentive for Mexican narcotics trafficking. Therefore, there is a possibility that a change in U.S. drug policy could negatively affect the revenues of Mexican DTOs, and even their ability to wage violence. This paper will examine the validity of that argument, as well as several of the issues that would accompany such a fundamental policy shift. The purpose of this report is to evaluate current U.S. policy on marijuana, extract lessons learned from policy changes in other countries, analyze the effects that legalization of marijuana in the United States might have on Mexican DTOs, and provide recommendations for future U.S. policies. Current U.S. laws will serve as a starting point to determine if existing decriminalization or medicinal marijuana reforms have had any impact on Mexican DTOs. After examining what effects, if any, these policies have had, reforms in other countries will be examined. From the case studies of Portugal, the Netherlands, and Mexico, lessons will be drawn to give context to any possible ramifications or benefits of U.S. marijuana legalization. Finally, concrete recommendations will be made on whether recent marijuana policy reforms should be maintained, improved, or repealed. Details: Washington, DC: George Washington University, The Elliott School of International Affairs, 2011. 43p. Source: Internet Resource: Elliott School of International Affairs/Inter-American Drug Abuse Control Commission: Capstone Report: Accessed April 30, 2012 at: http://elliott.gwu.edu/assets/docs/acad/lahs/mexico-marijuana-071111.pdf Year: 2011 Country: Mexico URL: http://elliott.gwu.edu/assets/docs/acad/lahs/mexico-marijuana-071111.pdf Shelf Number: 125103 Keywords: DecriminalizationDrug Abuse and CrimeDrug PolicyDrug Trafficking (Mexico)Drug Violence |
Author: Rosmarin, Ari Title: A Quiet Revolution: Drug Decriminalisation Policies in Practice Across the Globe Summary: Increasingly countries around the world are changing their drug policies by ending the criminalization of those who use and possess drugs for their own personal use. This report published by Release, the UK national center of expertise on drugs and drug laws, reviews the evidence in 21 countries that have adopted some form of decriminalization and has found that the model of enforcement adopted has little impact on the rates of drug use in a country. The paper defines decriminalization as the removal of sanctions under the criminal law, with optional use of administrative sanctions; under this model drug supply offences are still criminal acts. A Quiet Revolution: Drug Decriminalization Policies in Practice across the Globe shows that countries and States as disparate as Belgium, Estonia, Australia, Mexico, Uruguay, the Netherlands and Portugal have adopted different models of decriminalization. It also highlights that decriminalization is not a new phenomenon with some countries, such as Spain, having adopted a non-criminal approach to drug use since the 1970s. Research from Australia, highlighted in the report, showed that as well as not needlessly criminalizing people, decriminalization could have other positive consequences. This research compared individuals who had been criminalized for cannabis possession against those who had received a non-criminal response. It found that individuals given criminal penalties were more likely to suffer negative employment, relationship, and accommodation consequences as a result of their cannabis charge and were more likely to come into further contact with the criminal justice system. Details: London: Release, 2012. 44p. Source: Internet Resource: Accessed July 26, 2012 at: http://www.soros.org/sites/default/files/release-quiet-revolution-drug-decriminalisation-policies-20120709.pdf Year: 2012 Country: International URL: http://www.soros.org/sites/default/files/release-quiet-revolution-drug-decriminalisation-policies-20120709.pdf Shelf Number: 125787 Keywords: DecriminalizationDrug LegalizationDrug Policy (International)Drug Use and Abuse |
Author: Sondhi, Shireen Title: Are We Chasing Rainbows?: Achieving the Decriminalization of Prostitution in Canada Summary: Prostitution has often been referred to as the oldest profession in the world. Yet the Canadian legislature and courts refuse to recognize it as a profession but merely as a social nuisance or worse yet a social evil. While the act of selling sex in exchange for money is technically legal in Canada, all related activities are criminalized. The majority of social science studies concerning the impact of prostitution-related laws on the health, safety and wellbeing of prostitutes indicates that criminalization jeopardizes the safety of prostitutes, as well as their access to health and social services and recommends the decriminalization of the profession. Despite these studies and requests from sex workers and experts, the government has refused to repeal any of the prostitution-related laws. This paper outlines the societal and legislative treatment of prostitution and then seeks to determine whether decriminalization is a viable goal in Canada. Details: Toronto: University of Toronoto, Faculty of Law, 2010. 61p. Source: Internet Resource: Thesis: Accessed May 1, 2013 at: https://tspace.library.utoronto.ca/bitstream/1807/25806/1/Sondhi_Shireen_201011_LLM_thesis.pdf Year: 2010 Country: Canada URL: https://tspace.library.utoronto.ca/bitstream/1807/25806/1/Sondhi_Shireen_201011_LLM_thesis.pdf Shelf Number: 128585 Keywords: DecriminalizationProstitutesProstitution (Canada)Sex Workers |
Author: Carter, Connie I. Title: Getting to Tomorrow: A Report on Canadian Drug Policy Summary: The Canadian Drug Policy Coalition is a broad coalition of non-governmental organizations and individuals committed to working with Canadians to create an approach to drug problems that will take a radical new direction—a course that will put the protection of public health and safety, social justice and equity at the forefront of Canada’s response to drugs. The primary goal of this report is to provide an overview of the state of Canadian drug policy by focusing the lens on key issues of concern to Canadians: public safety, access to services and supports for people with drug problems, national-level drug policy, and Canada’s escalating role in the international war on drugs. This report highlights the failing role that current federal drug policies play in supporting safety and health and draws attention to the acute need for an improved system of supports for people who use drugs including harm reduction. This report also highlights the patchwork of provincial policies and services that support people with drug problems. These policies, while valiant attempts to integrate and streamline services, do not always translate into meaningful changes on the front lines. This report also calls for a review of the overall use of the criminal law in responding to the use of illegal substances and drug related problems. The findings of this report, based on interviews with changemakers and service providers, and scans of important documents and research, reveals that Canada is at a crossroads when it comes to drug laws and policies. A new direction in drug policy is required. We can continue to work within the paradigm of drug prohibition or we can begin to explore alternative approaches and chart a new course that can help save lives, respect human rights and be more cost effective. The use of illegal substances is a complex issue and people use drugs for many reasons. Most people do not experience significant problems because of their drug use, some do develop drug problems, and others may experience clear benefits from illegal drug use. But despite deep public purse investments in enforcement- based approaches, lifetime use of cannabis stands at 39.4% and the non-medical use of prescription opioids is the fourth most prevalent form of substance use in Canada behind only alcohol, tobacco and cannabis. Rates of hiv and hcv associated with drug use are unacceptably high particularly among some groups. In 2010, 30.4% of new infections in women versus 13.5 % of new cases in men were attributed to injection drug use. Cases of hiv attributed to injecting drug use among First Nations, Métis and Inuit persons have gone up to more than 50 per cent in the period spanning 2001 to 2008. Deaths related to overdose of prescription opiates whether used medically or non-medically have risen sharply and are estimated to be about 50% of annual drug deaths. But like hiv and Hepatitis C infections, overdose deaths are highly preventable. This report addresses some of the urgent changes needed to support a comprehensive harm reduction and public health approach to the prevention and treatment of overdose. Despite often heroic efforts at the provincial and local levels to improve the system of supports, many people still wait unacceptably long for services. Where sound and relatively safe treatments exist, provincial governments and health authorities drag their feet because of outmoded ideas about some drugs or shortsighted concerns about finances. The Federal government remains openly hostile to evidence-based measures like key harm reduction services and has clearly taken a punitive approach to addressing drug use problems. Failure by all levels of government to fully meet the needs of people with drug problems, means that some groups are still outright denied these lifesaving services and many community-based organizations struggle to meet the basic needs of their clients. These difficulties are particularly acute for residents in rural areas, women and First Nations, Métis and Inuit citizens. Canada still relies on the criminal law to curb illegal drug use and stem the growth of illegal drug markets. These laws and policies disproportionally target already marginalized groups. Canada also spends enormous amounts of money annually to prevent the purchase, use and distribution of illegal drugs both inside Canada and beyond its borders. The federal government has allocated $527.8 million for the National Anti-Drug strategy for 2012-2017, much of it on enforcement related activities. This strategy only accounts for a portion of government spending on drug control. “Activities such as rcmp drug enforcement, drug interdiction, and the use of the military in international drug control efforts, drive up policing, military and border security budgets. Cannabis remains a key target of these policing activities—cannabis possession charges numbered 61,406 in 2011, a rate of 178 per 100,000 people in Canada. Police reported incidents of cannabis possession are far higher than any other illegal drug (21 for cocaine possession and a rate of 30 for all other illegal drugs combined.) And incidents of cannabis possession have increased 16% between 2001 and 2011. Cannabis remains a lucrative market—annual retail expenditures on this substance are estimated to be about $357 million per year in bc alone. Cannabis is a popular drug, and its harmful effects are certainly less than alcohol and tobacco, but the potential financial benefits of regulated and taxable product like cannabis are completely unavailable to federal and provincial treasuries. Rather than curbing drug markets, drug enforcement has actually been shown to escalate drug trade violence. Canada’s prisons are already overcrowded and the effects of recently introduced mandatory minimum sentences for some drug crimes are yet to be fully felt. And because of poor data collection we still do not have a full picture of the effects of the millions of dollars spent every year on enforcing Canada’s drug laws. One of the most urgent issues affecting Canadians is discrimination against people who use illegal drugs. This discrimination and the accompanying hostility towards people who use drugs can be felt in the derogatory statements that appear routinely in media reports of public debates about services. The recommendations in this report address the need for urgent change in three key areas: drug law reform, discrimination, services and supports. 1. Modernize Canada’s legislative, policy and regulatory frameworks that address psychoactive substances. We call for the replacement of the National Anti-Drug Strategy with one focused on health and human rights, the decriminalization of all drugs for personal use and the creation of a regulatory system for adult cannabis use. 2. Support and expand efforts to implement evidence- based approaches to eliminate stigma and discrimination, and social and health inequities that affect people who use drugs. 3. Support the scaling-up of comprehensive health and social services, including housing and treatment services that engage people with drug problems. Increase support for efforts to reduce the harms of substance use which includes robust educational programs about safer drug use, programs for distributing new supplies for injection and crack cocaine use, safer consumption services, opioid substitution therapies and heroin assisted treatment. Ensure these services are part of larger public health approach to substance use that respects the human rights of people who use drugs. Details: Vancouver, BC: Canadian Drug Policy Coalition, 2013. 112 p. Source: Internet Resource: Accessed June 18, 2013 at: http://drugpolicy.ca/report/CDPC2013_en.pdf Year: 2013 Country: Canada URL: http://drugpolicy.ca/report/CDPC2013_en.pdf Shelf Number: 129029 Keywords: DecriminalizationDrug Abuse and AddictionDrug Policy (Canada)Illegal Drugs |
Author: Kelly, Elaine Title: Policing Cannabis and Drug Related Hospital Admissions: Evidence from Administrative Records Summary: We evaluate the impact of a policing experiment that depenalized the possession of small quantities of cannabis in the London borough of Lambeth, on hospital admissions related to illicit drug use. To do so, we exploit administrative records on individual hospital admissions classi ed by ICD-10 diagnosis codes. These records allow the construction of a quarterly panel data set by London borough running from 1997 to 2009 to estimate the short and long run impacts of the depenalization policy unilaterally introduced in Lambeth between 2001 and 2002. We nd the depenalization of cannabis had signi cant longer term impacts on hospital admissions related to the use of hard drugs, raising raising hospital admission rates for men by between 40 and 100% of their pre-policy baseline levels. Among Lambeth residents, the impacts are concentrated among men in younger age cohorts, and among those with no prior history of hospitalization related to illicit drug or alcohol use. The dynamic impacts across cohorts vary in pro le with some cohorts experiencing hospitalization rates remaining above pre-intervention levels six years after the depenalization policy is introduced. We nd evidence of smaller but signi cant positive spillover eects in hospitalization rates related to hard drug use among residents in boroughs neighboring Lambeth, and these are again concentrated among younger cohorts without prior histories of hospitalizations related to illicit drug or alcohol use. We combine these estimated impacts on hospitalization rates with estimates on how the policy impacted the severity of hospital admissions to provide a lower bound estimate of the public health cost of the depenalization policy. Details: Unpublished paper, 2012. 45p. Source: Internet Resource: Accessed July 17, 2013 at: http://www.homepages.ucl.ac.uk/~uctpimr/research/health.pdf Year: 2012 Country: United Kingdom URL: http://www.homepages.ucl.ac.uk/~uctpimr/research/health.pdf Shelf Number: 129420 Keywords: DecriminalizationDrug Abuse and AddictionDrug PolicyHospital AdmissionsIllicit Drug UseMarijuana (U.K.) |
Author: Rasul, Imran Title: Crime and the Depenalization of Cannabis Possession: Evidence from a Policing Experiment Summary: We evaluate the impact on crime of a localized policing experiment that depenalized the possession of small quantities of cannabis in the London borough of Lambeth. Theory suggests such a policy will: (i) impact the size of the market for cannabis in Lambeth as well as neighboring boroughs as drug users move to Lambeth to purchase cannabis; (ii) allow the police to reallocate effort towards other types of crime. We investigate whether such changing crime patterns are observed during and after the depenalization policy is introduced in Lambeth using administrative records on criminal offences by drug type, by specific drug offences that proxy demand and supply side criminal activities, and for seven types of non-drug crime. We find that depenalization in Lambeth led to an increase in cannabis possession offences that persisted well after the policy experiment ended. Half of the increase is attributable to drugs tourism into Lambeth from neighboring boroughs after depenalization. We find little evidence that the policy caused the police to reallocate effort towards Class-A drug crime, rather the evidence suggests the police in Lambeth reallocate their effort towards non-drug crime: there are significant reductions in five non-drug crime types, and significant improvements in police effectiveness against such crimes as measured by arrest and clear-up rates. These nuanced results provide new insights for the current policy debate on the regulation of illicit drugs markets. Details: London: University College London, 2011. 41p. Source: Internet Resource: Working Paper: Accessed July 17, 2013 at: http://www.ucl.ac.uk/~uctpimr/research/depenalization.pdf Year: 2011 Country: United Kingdom URL: http://www.ucl.ac.uk/~uctpimr/research/depenalization.pdf Shelf Number: 129421 Keywords: DecriminalizationDrug Control PolicyDrug Law Enforcement (U.K.)Illegal DrugsMarijuana |
Author: Bewley-Taylor, Dave Title: The Rise and Decline of Cannabis Prohibition: The History of Cannabis in the UN Drug Control System and Options for Reform Summary: The cannabis plant has been used for spiritual, medicinal and recreational purposes since the early days of civilization. In this report the Transnational Institute and the Global Drug Policy Observatory describe in detail the history of international control and how cannabis was included in the current UN drug control system. Cannabis was condemned by the 1961 Single Convention on Narcotic Drugs as a psychoactive drug with "particularly dangerous properties" and hardly any therapeutic value. Ever since, an increasing number of countries have shown discomfort with the treaty regime's strictures through soft defections, stretching its legal flexibility to sometimes questionable limits. Today's political reality of regulated cannabis markets in Uruguay, Washington and Colorado operating at odds with the UN conventions puts the discussion about options for reform of the global drug control regime on the table. Now that the cracks in the Vienna consensus have reached the point of treaty breach, this discussion is no longer a reformist fantasy. Easy options, however, do not exist; they all entail procedural complications and political obstacles. A coordinated initiative by a group of like-minded countries agreeing to assess possible routes and deciding on a road map for the future seems the most likely scenario for moving forward. There are good reasons to question the treaty-imposed prohibition model for cannabis control. Not only is the original inclusion of cannabis within the current framework the result of dubious procedures, but the understanding of the drug itself, the dynamics of illicit markets, and the unintended consequences of repressive drug control strategies has increased enormously. The prohibitive model has failed to have any sustained impact in reducing the market, while imposing heavy burdens upon criminal justice systems; producing profoundly negative social and public health impacts; and creating criminal markets supporting organised crime, violence and corruption. After long accommodating various forms of deviance from its prohibitive ethos, like turning a blind eye to illicit cannabis markets, decriminalisation of possession for personal use, coffeeshops, cannabis social clubs and generous medical marijuana schemes, the regime has now reached a moment of truth. The current policy trend towards legal regulation of the cannabis market as a more promising model for protecting people's health and safety has changed the drug policy landscape and the terms of the debate. The question facing the international community today is no longer whether or not there is a need to reassess and modernize the UN drug control system, but rather when and how to do it. Details: Amsterdam: Transnational Institute; Swansea, UK: Research Institute for Arts and Humanities, Swansea University, 2014. 88p. Source: Internet Resource: Accessed March 13, 2014 at: http://www.tni.org/sites/www.tni.org/files/download/rise_and_decline_web.pdf Year: 2014 Country: International URL: http://www.tni.org/sites/www.tni.org/files/download/rise_and_decline_web.pdf Shelf Number: 131900 Keywords: CannabisDecriminalizationDrug ControlDrug EnforcementDrug PolicyDrug ProhibitionMarijuana |
Author: Room, Robin Title: Roadmaps to Reforming the UN Drug Conventions Summary: The three UN Drug Conventions of 1961, 1971 and 1988 currently impose a 'one-size-fits-all' prohibitionist approach to drug policy throughout the world. This report, released December 2012, explains in detail how the Conventions could be amended in order to give countries greater freedom to adopt drug policies better suited to their special needs. In particular, the report details the treaty amendments that would be necessary if a country (or, better, a group of countries working together) wished to experiment with either of the following options: i) clear and explicit decriminalisation of the possession of one or more currently controlled substances for personal use ii) the creation of a regulated, non-medical market in one or more controlled substances. Details: London: Beckley Foundation, 2012. 179p. Source: Internet Resource: Accessed June 19, 2014 at: http://www.beckleyfoundation.org/Roadmaps-to-Reform.pdf Year: 2012 Country: International URL: http://www.beckleyfoundation.org/Roadmaps-to-Reform.pdf Shelf Number: 132526 Keywords: DecriminalizationDrug ControlDrug PolicyDrug Regulation |
Author: Cunningham, Scott Title: Decriminalizing Indoor Prostitution: Implications for Sexual Violence and Public Health Summary: Most governments in the world including the United States prohibit prostitution. Given these types of laws rarely change and are fairly uniform across regions, our knowledge about the impact of decriminalizing sex work is largely conjectural. We exploit the fact that a Rhode Island District Court judge unexpectedly decriminalized indoor prostitution in 2003 to provide the first causal estimates of the impact of decriminalization on the composition of the sex market, rape offenses, and sexually transmitted infection outcomes. Not surprisingly, we find that decriminalization increased the size of the indoor market. However, we also find that decriminalization caused both forcible rape offenses and gonorrhea incidence to decline for the overall population. Our synthetic control model finds 824 fewer reported rape offenses (31 percent decrease) and 1,035 fewer cases of female gonorrhea (39 percent decrease) from 2004 to 2009. Details: Cambridge, MA: National Bureau of Economic Research, 2014. 55p. Source: Internet Resource: NBER Working Paper Series; Working Paper 20281: Accessed July 14, 2014 at: http://www.nber.org/papers/w20281.pdf Year: 2014 Country: United States URL: http://www.nber.org/papers/w20281.pdf Shelf Number: 132665 Keywords: DecriminalizationProstitutes Prostitution (U.S.) Rape Sex Workers Sexual Violence |
Author: Natapoff, Alexandra Title: Misdemeanor Decriminalization Summary: As the U.S. rethinks its stance on mass incarceration, misdemeanor decriminalization is an increasingly popular reform. Seen as a potential cure for crowded jails and an overburdened defense bar, many states are eliminating jail time for minor offenses such as marijuana possession and driving violations, and replacing those crimes with so-called "nonjailable" or "fine-only" offenses. This form of reclassification is widely perceived as a way of saving millions of state dollars - nonjailable offenses do not trigger the right to counsel - while easing the punitive impact on defendants, and it has strong support from progressives and conservatives alike. But decriminalization has a little-known dark side. Unlike full legalization, decriminalization preserves many of the punitive features and collateral consequences of the criminal misdemeanor experience, even as it strips defendants of counsel and other procedural protections. It actually expands the reach of the criminal apparatus by making it easier - both logistically and normatively - to impose fines and supervision on an ever-widening population, a population who ironically often ends up incarcerated anyway when they cannot afford the fines or comply with the supervisory conditions. The turn to fine-only offenses and supervision, moreover, has distributive implications. It captures poor, underemployed, drug-dependent, and other disadvantaged defendants for whom fines and supervision are especially burdensome, while permitting well-resourced offenders to exit the process quickly and relatively unscathed. Finally, as courts turn increasingly to fines and fees to fund their own operations, decriminalization threatens to become a kind of regressive tax, turning the poorest populations into funding fodder for the judiciary and other government budgets. In sum, while decriminalization appears to offer relief from the punitive legacy of overcriminalization and mass incarceration, upon closer inspection it turns out to be a highly conflicted regulatory strategy that preserves and even strengthens some of the most problematic aspects of the massive U.S. penal system. Details: Los Angeles: Loyola Los Angeles School of Law, 2014. 63p. Source: Internet Resource: Loyola-LA Legal Studies Paper No. 2014-43 : Accessed September 11, 2014 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2494414 Year: 2014 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2494414 Shelf Number: 133276 Keywords: Alternatives to IncarcerationDecriminalizationJail OvercrowdingMass IncarcerationMisdemeanors (U.S.)Prison OvercrowdingPunishment |
Author: Crick, Emily Title: Selling cannabis regulation: Learning From Ballot Initiatives in the United States in 2012 Summary: Key Points - In November 2012, Washington, Colorado, and Oregon voted on ballot initiatives to establish legally regulated markets for the production, sale, use and taxation of cannabis.1 Washington and Colorado's measures won by wide margins, while Oregon's lost soundly. - A majority of voters view cannabis in a negative light, but also feel that prohibition for non-medical and non-scientific purposes is not working. As a result, they are more likely to support well-crafted reform policies that include strong regulations and direct tax revenue to worthy causes such as public health and education. - Ballot measures are not the ideal method for passing complicated pieces of legislation, but sometimes they are necessary for controversial issues. Other states often follow in their footsteps, including via the legislature. - The successful campaigns in Washington and Colorado relied on poll-driven messaging, were well organised, and had significant financing. The Oregon campaign lacked these elements. - The Washington and Colorado campaigns targeted key demographic groups, particularly 30-50 year old women, who were likely to be initially supportive of reform but then switch their allegiance to the 'no' vote. - Two key messages in Washington and Colorado were that legalisation, taxation and regulation will (i) free up scarce law enforcement resources to focus on more serious crimes and (ii) will create new tax revenue for worthy causes. - National attitudes on legalising cannabis are changing, with more and more people supporting reform. Details: Swansea, UK: Swansea University, Global Drug Policy Observatory, 2014. 26p. Source: Internet Resource: Policy Brief 6: Accessed February 12, 2015 at: http://www.swansea.ac.uk/media/Selling%20Cannabis%20Regulation.pdf Year: 2014 Country: United States URL: http://www.swansea.ac.uk/media/Selling%20Cannabis%20Regulation.pdf Shelf Number: 134610 Keywords: CannabisDecriminalizationDrug Policy (U.S.)Marijuana |
Author: Crick, Emily Title: Legally regulated cannabis markets in the US: Implications and possibilities Summary: Key Points In November 2012, voters in Washington and Colorado passed ballot initiatives that establish legally regulated markets for the production, sale, use and taxation of cannabis - the first time anywhere in the world that recreational use of the drug will be legally regulated. The construction of legally regulated cannabis markets in these US states must be viewed as part of a long running process of softening the official zero-tolerance approach. Support for legalising cannabis has been growing in the US for some time and it is highest in states that have medical marijuana laws, but not decriminalisation. This suggests that voters recognize the benefits of regulation over the relaxation of laws. The regulatory regimes being pursued in Washington and Colorado differ in a number of respects. It will be important to see how these differences affect the operation of their respective markets. The votes put these US states in contravention of US federal law and, beyond US borders, they generate considerable tension between the federal government and the international drug control system. These developments also impact on the ongoing policy shifts within Latin America including Uruguay - and the emerging tensions around cannabis within the UN system. It is vital that the operation of the legally regulated markets in Washington and Colorado is closely monitored and that, where necessary, structures are adjusted in response to any emerging issues. Other states in the US and countries across the world will be observing the regulatory frameworks introduced in Washington and Colorado in order to see how effective they are in reducing the harms associated with the illicit cannabis market. Details: Swansea, UK: Swansea University, Global Drug Policy Observatory, 2013. 36p. Source: Internet Resource: Policy Report 1: Accessed February 12, 2015 at: http://www.swansea.ac.uk/media/Leg%20Reg%20Cannabis%20digital%20new-1.pdf Year: 2013 Country: United States URL: http://www.swansea.ac.uk/media/Leg%20Reg%20Cannabis%20digital%20new-1.pdf Shelf Number: 134611 Keywords: Cannabis DecriminalizationDrug Markets Drug Policy (U.S.) Marijuana |
Author: Gettman, Jon B. Title: Marijuana Arrests in Colorado After the Passage of Amendment 64 Summary: Colorado's Amendment 64 was enacted in November 2012. The constitutional amendment allowed for the personal possession, cultivation and private use of marijuana in the state of Colorado for people over 21 years of age. The state was also mandated to establish a framework for taxation and regulation so adults could legally purchase non-medical marijuana from licensed cultivators and retailers. The new rights conferred to adults went into effect on December 10, 2012. The first retail stores opened on January 1, 2014. This report reviews changes in the number and characteristics of marijuana arrests in Colorado after the passage of Amendment 64. Not all arrests are equal in terms of consequences for the individual and the costs to the criminal justice system because an arrested individual may be charged with several criminal violations. Consequently this report refers to arrests in terms of the number of individual charges prosecuted in court. Data obtained from the Judicial Branch of Colorado was used to compare the number of cases and charges brought before the courts in the state prior to the passage of Amendment 64. Additional data from the Colorado Bureau of Investigation was used to review the racial characteristics of those arrested by law enforcement for marijuana law violations. This report reveals that marijuana-related charges statewide (not including Denver) decreased by 85% between 2010 and 2014. An overwhelming majority of this decrease in charges came in the aftermath of Amendment 64. Possession charges at all levels (not simply the level now legal or previously considered a petty offense) are the primary reason for the decline. Cultivation charges over the last two years were halved when compared to the previous two years before Amendment 64. In addition, all drug-related charges are down 23% since 2010. This underscores the central role of marijuana prohibition in the drug war, as well as marijuana legalization's implications for criminal justice reform more generally. This report also finds that racial disparities for marijuana offenses persist at similar levels as before Amendment 64. However, disparities for the charge of intent to distribute actually went down, easing fears of many racial justice advocates. While the overall decrease in marijuana-related offenses statewide has been enormously beneficial to communities of color, one troubling concern is the rise in disparities for the charge of public consumption, especially in Denver. It is also worth noting that, due to a lack of credible data, this report does not analyze Amendment 64's impact on the state's Latino population. The report also reveals a sharp decline in synthetic marijuana arrests since retail stores opened in 2014. According to judicial county court records, arrests for synthetic marijuana in 2014 have declined by 27% from the prior year. Given the health impacts of marijuana are more established and understood than those related to synthetic marijuana, advocates see this as yet another potential benefit of legalization. Details: New York: Drug Policy Alliance, 2015. 17p. Source: Internet Resource: Accessed April 15, 2015 at: http://www.drugpolicy.org/sites/default/files/Marijuana_Arrests_After_the_Passage_of_Amendment_64.pdf Year: 2015 Country: United States URL: http://www.drugpolicy.org/sites/default/files/Marijuana_Arrests_After_the_Passage_of_Amendment_64.pdf Shelf Number: 135227 Keywords: ArrestsDecriminalizationDrug EnforcementDrug LegalizationDrug Policy (Colorado)Drug ReformMarijuana Legalization |
Author: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) Title: Alternatives to punishment for drug-using offenders Summary: Based on the options provided by the international drug control legal framework, this paper considers the rehabilitative measures of treating, educating or reintegrating drug users as alternatives or additions to conviction or punishment that are established in the laws of many countries in Europe today. Distinguishing them from 'alternatives to prison', it outlines the variety of rehabilitative measures in use and sets out the main issues in their design, implementation and evaluation. The paper finds that alternatives to punishment are available across Europe to varying degrees and with inconclusive evaluations suggesting positive results. The success of these measures depends partly on the degree to which they are accurately targeted to specific objectives and specific users. The policy arguments in favour of them seem to have developed along two lines: reducing harms to the individual and society by problem drug users, and addressing structural burdens on the justice system by non-problem users. Yet the paper finds that this distinction, or prioritisation, is not always clear in the design or implementation of the different measures, which can in turn affect the few evaluations carried out. Compromises between the two different aims of the laws (to treat or to punish these offenders) can also have unintended effects on the outcomes. Clarity on these issues should assist development and implementation of more successful measures in the future. Details: Luxembourg: Publications Office of the European Union, 2015. 22p. Source: Internet Resource: EMCDDA Papers: Accessed July 29, 2015 at: http://www.emcdda.europa.eu/attachements.cfm/att_240836_EN_TDAU14007ENN.pdf Year: 2015 Country: Europe URL: http://www.emcdda.europa.eu/attachements.cfm/att_240836_EN_TDAU14007ENN.pdf Shelf Number: 136234 Keywords: Alternatives to IncarcerationDecriminalizationDrug Abuse and AddictionDrug EnforcementDrug Offenders |
Author: Mungan, Murat C. Title: Stigma Dilution and Over-Criminalization Summary: Criminalizing an act that provides weak signals about a person's productivity and character can dilute the stigma attached to having a criminal record. This reduces the deterrence of serious crimes that do provide strong signals regarding the offender's character. Over-criminalization occurs when the costs associated with reduced deterrence due to stigma dilution off-set potential benefits associated with criminalizing the less harmful act. Identifying conditions under which stigma dilution is likely and comparatively costly allows the determination of factors that affect the desirability of (de)criminalizing various acts. These factors are discussed in the context of marijuana possession offenses to illustrate how over-criminalization may reduce social welfare. The normative desirability of various practices in criminal law are also discussed vis-a-vis their impacts on stigma dilution. Details: Tallahassee: Florida State University College of Law, 2015. 26p. Source: Internet Resource: FSU College of Law, Public Law Research Paper No. 717; FSU College of Law, Law, Business & Economics Paper No. 14-16 : Accessed October 8, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2534828 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2534828 Shelf Number: 145078 Keywords: Criminal RecordsDecriminalizationDrug PolicyExpungementsMarijuana |
Author: Human Rights Watch Title: Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States Summary: Every 25 seconds someone in the United States is arrested for possessing drugs for personal use. This amounts to more than 1.25 million arrests per year and makes drug possession the single most arrested crime in the country. Black and white adults use drugs at similar rates, but a Black adult is 2.5 times more likely to be arrested for drug possession. As a result of these arrests, on any given day at least 137,000 people are behind bars. Tens of thousands more are convicted, cycle through jails and prisons, and spend extended periods on probation and parole, often burdened with crippling debt from court-imposed fines and fees. Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States documents the devastating harms caused by enforcement of drug possession laws. This joint report by Human Rights Watch and the American Civil Liberties Union is based on extensive new analysis of federal and state-level data, and over 365 interviews conducted primarily in Louisiana, Texas, Florida, and New York. Members of the public understandably want government to take actions to prevent the potential harms of drug use. Yet criminalization is not the answer. Four decades after the declaration of the "war on drugs," rates of drug use have not significantly decreased and treatment for drug dependence is often unavailable. Instead, criminalizing drug possession has caused tremendous harm - separating families; excluding people from job opportunities, public benefits, and voting; and exposing them to discrimination. Human Rights Watch and the ACLU urge federal and state authorities to end these harms by decriminalizing personal use and possession of all drugs. The report also provides detailed recommendations authorities should follow to minimize the harmful consequences of current laws and policies, until decriminalization is achieved. Details: New York: HRW, 2016. 205p. Source: Internet Resource: Accessed October 13, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/usdrug1016_web.pdf Year: 2016 Country: United States URL: https://www.hrw.org/sites/default/files/report_pdf/usdrug1016_web.pdf Shelf Number: 144931 Keywords: DecriminalizationDrug Abuse and AddictionDrug EnforcementDrug OffendersDrug PolicyDrug Policy Reform |
Author: Rosen, Alana E. Title: High Time for Criminal Justice Reform: Marijuana Expungement Statutes in States with Legalized or Decriminalized Marijuana Laws Summary: As states continue to legalize or decriminalize recreational marijuana, there is a chasm within our society. One segment of the population can use, possess, transport, and cultivate marijuana without fear of prosecution. Another segment of the population suffers from the collateral consequences of previous marijuana-related offenses. This Article argues that any state that enacts marijuana legalization or decriminalization statutes should automatically include an expungement provision that clears the criminal record of individuals who engaged in activities now deemed lawful under the new legalization and decriminalization laws. This Article proposes model language for an expungement statute that serves as a guide for legislators, judges, and attorneys. The proposed expungement statute will help individuals obtain access to opportunities and benefits now denied them because of their marijuana-related criminal records including employment, professional licenses, financial aid, public housing, travel abroad, firearms' purchases, the right to vote, and jury service. Changes to the law will also benefit communities that have been disproportionately targeted by the War on Drugs and marijuana prohibition. Details: Lubbock, Texas: Texas Tech University School of Law, 2019. 53p. Source: Internet Resource: Accessed June 8, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3327533 Year: 2019 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3327533 Shelf Number: 156259 Keywords: CannabisCriminal RecordDecriminalizationExpungementLegalizationMarijuanaWeed |