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Drugs, the Criminal Law, and the Administration of Justice

NCJ Number
138829
Journal
Milbank Quarterly Volume: 69 Issue: 4 Dated: (1991) Pages: 529-560
Author(s)
M H Moore
Date Published
1991
Length
32 pages
Annotation
This analysis of the effects of drug laws concludes that these criminal laws tend to worsen the conduct and condition of individuals who continue to abuse drugs and place heavy burdens on the criminal justice system; however, the laws may also reduce overall levels of drug abuse by reducing supply and sustaining the community norm against drug abuse.
Abstract
Although John Stuart Mill argued that the criminal law should be used only in cases that harm others, his strict principle provides a justification for drug laws. Drug abuse causes several harms, including crime, accidents, and neglect of responsibilities. Drug policy in the United States has experienced many changes, starting with the law enforcement approach of 1930-60, the emergence of drug treatment in the 1960's, supply reduction and demand reduction strategies in the 1970's, and a variety of demand reduction strategies during the Reagan administration. The criminal justice approaches have probably reached their limit of effectiveness, and future efforts should focus on strengthening the treatment and prevention systems. Nevertheless, drug laws and the criminal justice system have an important part in the effort to limit drug abuse. 55 references

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