NCJ Number
40
Date Published
1971
Length
42 pages
Annotation
THIS SUBJECT OF DRUGS AND NARCOTICS IS THE MOST DIFFICULT TO ANALYZE AND RESOLVE OF ALL THOSE DISCUSSED IN THE REPORT ON NON-VICTIM CRIME.
Abstract
A MAJOR DIFFICULTY IS THAT THE DISCUSSION IN THE LITERATURE IS BEDEVILED WITH HYPERBOLE, EMOTION, IRRATIONAL ARGUMENT AND PEDANTIC QUIBBLE. TO CATEGORIZE THE SUBJECT AS NON-VICTIM CRIME IS ITSELF TO JUMP TO A CONCLUSION OVER OBSTACLES. DRUGS AND NARCOTICS ARE PLACED IN THAT CATEGORY BECAUSE THE USER ACTS VOLUNTARILY. THE ACT OF SELLING IS NOT NON-VICTIM CONDUCT IN THE CASE OF A DRUG LIKE HEROIN WHICH ADDICTS THE USER. ONE DEPRIVED OF EITHER PHYSIOLOGICAL OR MENTAL POWER TO RESIST IS NO LONGER A VOLUNTARY PARTICIPANT. WHETHER THE ACT OF SELLING CAN BE CATEGORIZED AS NON-VICTIM CONDUCT DEPENDS UPON THE NATURE AND EFFECT OF A PARTICULAR DRUG. IT IS NOT CLEAR THAT THE ACT OF USE IS NON-VICTIM CONDUCT. SOCIETY CAN BE THE VICTIM IN SEVERAL WAYS. NO MEMBER OF THE COMMITTEE CONDONES, SUPPORTS OR ENCOURAGES THE USE OF ANY MIND-ALTERING DRUG. HOWEVER, THE DANGERS OF MARIJUANA USE ARE GROSSLY OVEREXAGGERATED. CRIMINALIZATION HAS BEEN NO MORE EFFECTIVE IN CONTROLLING MARIJUANA USAGE THAN THE LAWS THAT ONCE PROHIBITED THE USE OF ALCOHOL. SOCIETY SHOULD EXERT EVERY EFFORT TO DISCOURAGE THE USE OF MARIJUANA BECAUSE PEOPLE WOULD BE BETTER OFF WITHOUT IT. THE USE OF HEROIN IS UNMITIGATEDLY BAD. IT IS DESTRUCTIVE TO THE USER AND TO SOCIETY. NO ONE IS MORE CONTEMPTIBLE THAN THE VENDOR OR PUSHER WHO HOOKS ANOTHER INTO USE FOR THE SAKE OF PROFIT. THE HEROIN USER SHOULD NOT BE PUNISHED FOR USE. HE SHOULD BE TREATED. THE UTILIZATION OF CRIMINAL PROCESS AS A MACHINERY FOR TREATMENT AND REHABILITATION HAS NOT BEEN SUCCESSFUL.