NCJ Number
72574
Journal
Criminal Law Bulletin Volume: 16 Issue: 5 Dated: (September-October 1980) Pages: 452-460
Date Published
1980
Length
9 pages
Annotation
The feasibility of expanding legal action against the sellers of illegal drugs to include civil action that could result in the collection of monetary damages and/or injunctive relief is explored.
Abstract
While the use of criminal sanctions is primarily aimed at punishing the narcotics offender and perhaps rehabilitating him, the availability of a tort action against such an offender would not only add to existing punitive sanctions through the use of injunctions and contempt proceedings but also create the possibility of collecting monetary damages from the offender. The possibility of such action is based in the concept that the sale of illegal drugs violates certain rights of society as well as invading the sovereignty of the State, such that the State has grounds for protecting collective rights through civil action. A civil suit could be brought against a drug dealer on the basis that such sales violate the general health, morals, and welfare of the people or the 'collective mental tranquility' of society. The issuance of an injuction against the sale of illegal drugs and any subsequent violation of that injunction would lead to contempt proceedings. Judicial decisions bearing upon issues raised by the propsal are discussed. (Author abstract modified)