HEROIN ADDICTION, CRIMINAL CULPABILITY, AND THE PENAL SANCTION - THE LIBERAL RESPONSE TO REPRESSIVE SOCIAL POLICY

• NCJ Number: 46431
• Journal: Crime and Delinquency Volume: 24 Issue: 2 Dated: (APRIL 1978) Pages: 221-232
• Author(s): R BAYER
• Date Published: 1978
• Length: 12 pages
• Corporate Author: National Council on Crime and Delinquency
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT THE PANEL ON TECHNOCRACY AND THE RULE OF LAW, AMERICAN POLITICAL SCIENCE ASSOCIATION, SEPTEMBER 1976, CHICAGO, ILLINOIS

Annotation

FOLLOWING A REVIEW OF THE DEVELOPMENT OF LIBERAL CONCEPTIONS OF DEVIANCY AND SOCIAL CONTROL AND THE DETERMINISTIC MODEL OF HEROIN ADDICTION, A CRITIQUE OF LIBERAL SOCIAL POLICY TOWARD ADDICTION IS PRESENTED.

Abstract

BELIEF IN THE UTILITY OF CRIMINAL SANCTIONS TO CONTROL BEHAVIOR IS BASED UPON ASSUMED RELATIONSHIPS AMONG PERSONAL RESPONSIBILITY, GUILT, AND PUNISHMENT; IT REQUIRES THE ASSUMPTION OF FREE WILL. THE RISE OF DETERMINISTIC THEORIES OF SOCIAL AND INDIVIDUAL BEHAVIOR IN THE 19TH CENTURY, COUPLED WITH THE RISE OF PROFESSIONALS CLAIMING TO EXPLAIN THE CAUSES OF HUMAN BEHAVIORS, RESULTED IN THE ABANDONMENT OF PHILOSOPHICAL BELIEF IN RADICAL INDIVIDUALISM AND MARKED THE TRANSFORMATION OF CLASSICAL LIBERALISM INTO MODERN SOCIAL WELFARE LIBERALISM. AN EMPHASIS ON SOCIAL CAUSES INFLUENCING INDIVIDUAL BEHAVIOR HAS MADE CONCEPTS OF GUILT AND PUNISHMENT DIFFICULT TO MAINTAIN. DESPITE THIS, LIBERALS CONTINUED TO RECOGNIZE THE NEED FOR ISOLATION OF INDIVIDUALS WHO PRESENT A THREAT TO THE SOCIAL ORDER. CONSEQUENTLY, THE CONCEPT OF PUNISHMENT HAS BEEN REPLACED BY ENFORCED 'REHABILITATION' AND TREATMENT; BUT FACED WITH THE FAILURE OF REHABILITATION AND THE ENORMOUS COST OF LONG-TERM INSTITUTIONALIZATION, THE LIBERAL APPROACH TO DEVIANCY HAS BEGUN TO FOUNDER. THE LIBERAL RESPONSE TO VICTIMLESS CRIME TRADITIONALLY HAS BEEN INCREASED TOLERANCE; HOWEVER FOR CRIMES INVOLVING VICTIMS, LIBERAL POLICYMAKERS ARE RETURNING TO THE OLD NOTIONS OF RESPONSIBILITY, GUILT, AND PUNISHMENT. THIS IS WELL ILLUSTRATED IN THE LIBERAL RESPONSE TO HEROIN ADDICTION. GIVEN A DETERMINISTIC AND MEDICAL MODEL OF ADDICTION, LIBERAL POLICY FIRST EMPHASIZED TREATMENT AND REHABILITATION THROUGH ENFORCED ABSTINENCE, THEN TURNED TO AN EMPHASIS ON SOCIAL REFORM AND ADDICTION MAINTENANCE THROUGH METHADONE. THESE CONCEPTS HAD AN IMPACT ON CRIMINAL SANCTIONS. THE U.S. SUPREME COURT IN THE ROBINSON DECISION HELD THAT AN ADDICT COULD NOT BE PUNISHED FOR BEING AN ADDICT. HOWEVER CRIMINAL ACTS RELATED TO ADDICTION WERE STILL SUBJECT TO CRIMINAL SANCTION. IT WAS ARGUED THAT IF ADDICT STATUS WERE NOT PUNISHABLE THAN THE ADDICT'S ACTIONS, BEING SYMPTOMATIC OF THE DISEASE OF ADDICTION, SHOULD ALSO NOT BE PUNISHABLE. OTHER ARGUMENTS AGAINST THE USE OF CRIMINAL SANCTIONS AGAINST ACTS OF THE ADDICT WERE BASED ON DIMINISHED RESPONSIBILITY OF THE ADDICT AND PHARMACOLOGICAL DURESS. HOWEVER, WITH THE AVAILABILITY OF METHADONE MAINTENANCE, THESE ARGUMENTS LOST THEIR VALIDITY AND ADDICTION COULD NO LONGER BE CLAIMED AS AN EXCULPABLE FACTOR IN A LEGAL DEFENSE. ALSO, THE FAILURE OF VOLUNTARY PROGRAMS RESULTED IN THE ACCEPTANCE BY LIBERALS OF THERAPEUTIC INCARCERATION. OTHER LIBERALS HAVE ARGUED THAT THERAPEUTIC INCARCERATION REPRESENTS THE STATE'S ATTEMPT TO LIMIT THE RIGHT TO MAKE FUNDAMENTAL LIFE CHOICES. THESE THINKERS PROPOSE ALLOWING THE PURCHASE OF NARCOTICS UNDER CONTROLLED CONDITIONS SIMILAR TO THOSE USED FOR ALCOHOLIC BEVERAGES. FOR THOSE LIBERALS WHO VIEW BOTH THESE OPTIONS AS UNACCEPTABLE, THE RESPONSE HAS BEEN TO IGNORE THE ISSUE OF DRUG ABUSE. (JAP)