Drugs: the Judicial Response

Drugs: The Judicial Response PETER CHARLETON, SC and PAUL ANTHONY MCDERMOTT, Barrister Introduction1 Criminal Appeal accepted the fact that drop in Ireland would be the subject of the defendant: much speculation but as little informed he tension in relation to a judicial debate as possible. A huge rise in Was a person who, while he traded economic prosperity leading to general response to crimes committed by in misery, was a victim of the drug addicts is increasingly that building works which spread that T system himself in that he was a prosperity into deprived areas may be between moving towards treatment heroin addict and that his activities options or towards an even more one factor. Another factor may be were at least in part directed towards Ireland’s unique laws on the seizure of rigorous imposition of penalties. Public feeding his habit. opinion in Ireland about the evils of criminal assets. Another possible factor drug misuse has probably never been as Irish courts have struggled, as have is the break-up of the gang which made strong as it is at the present time.2 courts everywhere in the western world, the passage of this law easier. More on with the concept of drug addiction as this later. Coupled with strident political calls mitigation. Differences have been drawn The purpose of this article is to incarcerate drug traffickers are pleas between the cold blooded non-user of for more resources to allow dependants therefore to examine the opposing trends drugs and those who commit various of the courts being used as deterrent to leave their habits behind them. Courts crimes in order to finance their needs.5 have traditionally looked into the weapons in the fight against crime and There is a sense, however, of the courts the belief that addiction, or dependency, background of offenders and paid being overwhelmed with pleas of particular attention to circumstances 6 is itself the engine that drives the crime addiction as a mitigating factor. The trend. which mitigate a crime. Votes are following statement of principle, available, however, for politicians who enunciated in Australia by King CJ, Criminogenic Effect decry high crime rates and pretend that appears increasingly dominant: there is a panacea that can be applied to eradicate criminality. There is a wave of There is a limit, and a very strict Crime limit, to the extent to which leniency political thought moving from the Studies from the United States have can be extended to an offender by United States that propounds that by indicated that in comparison to non drug reason of his own addiction.. declaring war on drugs and being using offenders, severe drug users tend however sympathetic one feels to a merciless with offenders, patterns of to commit fifteen times as many person who has allowed himself to behaviour which generate crime can be robberies, twenty times as many get into that predicament, the duty to eradicated. This political movement is burglaries and ten times as many the community, to protect the based upon political self interest. thefts.10 Active drug use accelerates community against the spread of the crime by a factor of between four and It attempts to tie the hands of the drug evil, must predominate...This six, with a crime content that is at least judiciary in their dealing with drug court cannot allow a situation to as violent, or more so, than that of non- offences so that sentences become ever develop in which the contracting of drug using counterparts. These studies larger and incarceration becomes the an expensive habit of drug addiction were of heroin users, but such research only available option. Courts in Ireland, becomes a licence to commit crime.7 in Canada and Australia have as has been done on crack-crime consistently expressed the view that There is a feeling, in reading the law statistics indicate a similarly high or drug traffickers must find out that they reports, of courts everywhere even higher criminogenic effect than responding to the criminogenic effects heroin related crime and a definite operate within a legal environment 11 which is hostile to their trade.3 At the of drugs from the point of view of the increase in violence. Two leading same time there is a growing realisation public, where the personal American experts write: circumstances of the offender play a that warehousing offenders in Empirical studies of the association secondary role.8 Ireland has recently institutions which merely maintain their between drug use and crime provide seen a twenty percent drop in the overall habits, or in some cases reinforces them, an appreciation of the enormous crime rate. In England and Wales the does little against what should be an impact drug abuse has on crime. most recent statistics indicate a nine ultimate aim of attempting to turn Indeed, the extensive research on the percent drop.9 The cause for the offenders away from the disastrous relationship between drug abuse and pattern of addiction to drugs. In The crime provides convincing evidence People (DPP) -v- MacEntee4, for example, the Court of that a relatively few. severe by the Garda Siochana has indicated that than for the rest of the country.’4 The substance abusers are responsible of approximately nineteen thousand result of this is that now one can for an extraordinary proportion of indictable crimes (in our system reasonably estimate that between two crime... Drug-dependent offenders essentially an indication that these are thirds and four fifths of all street level generally lead lifestyles manifested more serious) perpetrated between crime is generated by drug addiction. by hedonistic, self-destructive, and September of 1995 and August of 1996, The statistics show the results. In 1978 antisocial behaviours; they also have twelve thousand were committed by seven hundred and three robberies were problems related to poor drug addicts. recorded. This was an increase from five interpersonal skills, a lack of job hundred and fifty in 1975. By 1983 the skills, dependency on others, and One addict was alleged to be figure had shot to two thousand, one frequent conflict with criminal responsible for one hundred and forty hundred and seventy eight and has only justice authorities... Offenders seven detected crimes with the fallen, by about a fifth, in the last twelve corresponding highest non-drug using involved in the regular use of hard 12 months. drugs or polydrug abuse are offender achieving only thirty three. typically at high risk for recidivating Experience indicates that the vast There were thirteen thousand after release from the criminal preponderance of this problem is due to burglaries committed in Dublin in 1975 justice system... Although a large heroin users or to people who are and they are now running at around proportion of the nation’s offenders predominantly heroin users, but who thirty thousand. Between 1973 and 1991 lead lifestyles associated with may, in desperation, reach for a wide indictable crime increased by fifty six problems of drug abuse, only a range of other drugs in substitution. reported acts. Stealing, as an overall category of crime, has doubled over small percentage receive treatment In the 1970’s Dublin began to while in the criminal justice system. eighteen years. From 1973 over a period experience a heroin problem. Only the of eighteen years robbery has increased In Ireland the prosecution rate for most foresighted warned against the in levels of commission by more than drug offences, such as possession of consequences of ignoring it. They were four times and burglary by almost six controlled drugs or possession for the ignored. In 1979 an explosion of street times. There is a direct relationship level crime was the consequence of the purpose of supply, has increased ten fold 13 between these increases and drug abuse. since 1973 to date. The latest research problem becoming an epidemic. With the arrival of heroin in Dublin and Criminal activity in Dublin runs at a its growth into an epidemic the sudden level approximately three times greater The Courts and Court Officers Act, 1995 The Judicial Appointments Advisory Board ________________ Appointment of Three Judges of the District Court Notice is hereby given that one vacancy exists in the Office of Ordinary Judge of the District Court and that a further two vacancies in the said judicial office are due to arise. The Minister for Justice, Equality and Law Reform has requested the Board under Section 16 of the Act to exercise its powers under that section and to make recommendations pursuant to it. Practising Barristers or Solicitors who are eligible for appointment to the Office and who wish to be considered for appointment should apply in writing to the Secretary of the Board, Office of the Chief Justice, Four Courts, Dublin 7 for a copy of the application form. Completed forms should be returned to the Board’s Secretary on or before Friday the 12th of June, 1998. Applications already made in respect of vacancies in the Office of the Ordinary Judge of the District Court will be regarded as applications for this and all subsequent vacancies in the District Court unless and until the Applicant signifies in writing to the Board that the application should be withdrawn. It should be noted that this advertisement for appointment to the Office of Ordinary Judge of the District Court applies not only to the present vacancy now existing and the two vacancies due to arise but also to any future vacancies that may arise in the said office during the six month period from 21st May, 1998. Applicants may at the discretion of the Board be required to attend for interview.

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