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Combatting Drug Abuse, and Related Crime

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Combatting Drug Abuse, and Related Crime If you have issues viewing or accessing this file contact us at NCJRS.gov. "0 UNITED NATIONS SOCIAL DEFENCE RESEARCH INSTITUTE· Publication No. 21 COMBATTING DRUG ABUSE, AND RELATED CRIME ". o FrateiU Palombi. Editori Rome, July 1984 . UNSDRI UNITED NATIONS SOCIAL DEFENCE RESEARCH INSTITUTE Publication No. 21 COMBATTING DRUG "ABUSE AND RELATED CRIME: Comparative research on the effectiveness o/socio-Iega! preventive and control measures in different countries on the interaction between criminal behaviour and drug abuse Funded by the UNITED NATIONS FUND FOR DRUG ABUSE CONTROL by Francesco Bruno M.D. ft~~i1l Fratelli Palombi Editori Rome, July 1984 97289 U.S. Department of Justlce National Institute of Justice This document has been reprodu~ed exaclly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the Nallonai Institute of Justice. Permission to reproduce this copyrighted material has been granted,by • • Un~ted Nat~ons Soc~al Befence Research Inst~tute (UNSURT) to the National Criminal Justice Reference Service (NCJRS). Further reproduc!ion outside of the NCJRS system requires permis­ sion of the copyright owner. Copyright © UNSDRI TshBeNUru8'ted Nations Social Defence Research Institute 1984 I 8 -7621-826-2 ' Extracts from this publication b d . condition that the source is indk:re/ repro uced wIthout authorization on TABLE OF CONTENTS Page Foreword ............. K~.G·.~~.~.~: ...... :...... 3 Chapters . APR 3~ 1965 I. IntroductIon ............................... 7 II. The researchJ.l\. C~·tH iU '1'i!'O'N S' ....... '.' 21 III. Comparative analysis of legislations relating to the phenomenon C)f drug abuse in the participating countries .................................. 31 IV. Analysis of the data supplied by the national preliminary reports ......................... 39 V. Analysis of the data resulting from the administ- ration of the «vignettes» .' .................... 67 VI. Analysis of the data collected through guided interviews with drug addicts ....... ~ ..........~. 95 VII. Summary of results ......................... 149 VIII. Conclusions, remarks, perspectives and policy im- plications ................................. 159 IX. The laws, criminal justice system, and treatment! rehabilitation system in New York State (USA) ... 167 X. Drug criminality and drug abuse in Sweden 1969- 1981: The National Swedish Council for Criminal Behaviour. 185 XI. Drug misuse and crime in the United Kingdom: Home Office Research and Planning Unit ...... 193 Annexes 1. Bibliography. 211 2. List of experts and researchers involved in the study.................................. .... 245 UNSDRI Publications 249 FOREWORD R.esearch on «The effectiveness of socio-Iegal preventive and control measures on the interaction between criminal behaviour and drug abuse», the salient feature of the title of this study, in one country is difficult and complex enough. To extend the research to many countries of different legal systems and varied social, cultural and economic circumstances is a very ambitious and formidable iask. Yet this has been done. As to be expected in the execution of the research problems were encountered and the way these problems were circumvented or overcome has been described. It is appropriate to give some background information about the study. First of all a preliminary feasibility study group was convened by the United Nations Social Defence Research Institt{te in Rome, 30 June-4 July 1980. The group consisted of participants from nine countries - Brazil, Italy, Jordan, Libya, Malaysia, Nigeria, Sweden, The United Kingdom and the United States of America. The group discussed the situation of the problem of drugs and crime, the relevant legislation, and the informal control mechanisms in the different countries represented and finally made recommen­ dations for studies and projects for consideration alld imple­ mentation by UNSDRJ. This particular project emerged from the recommendations and the broad outline, strategy and methodology to be adopted were suggested. The criteria for selection of countries to participate should include (a) representativeness of a wide range of drug problems and policies; (b) sufficient interest to take part; (c) availability of suitable local researchers. The Institute's resolve to apply to the United Nations Fund for Drug Abuse Control (UNFDAC) for funding of the project was strengthened by the positive, constructive and enthusiastic contrib­ ution at this feasibility study group meeting and the concrete recom­ mendations that emerged. Even though most of the participants at the meeting expressed the desire to participate some had reservations about the collabor­ ation within the country necessary for the total execution of the study. Two of the countries, Libya and Nigeria, which participated in the meeting, could not collaborate in the study. On the other hand, in compliance with the criteria suggested at the meeting, other .3 countries which were not represented at the meeting, Argentina, Costa Rica, Japan and Singapore, collaborated in the study. The inclusion of Japan and Costa Rica is particularly notew­ orthy, Japan's participation in the study was through the agency of the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) and Costa Rica's was through the Instituto Latinoamericano para la Prevenci6n del Delito y Tratamiento del Delincuente (ILANUD). This demonstrates the usefulness and also strengthens the network of the United Nations Institutes on Crime Prevention and Treatment of Offenders. It is also necessary to remark on the absence of any African country in this study especially as the problem of drug abuse in Africa has its own unique dimension. Indeed, determined and del­ iberate efforts were made to include at least one African country, but unfortunately communication broke down when it appeared that we had the chance of getting the participation of one country from earlier positive and enthusiastic response. This breakdown in communication was not the only occasion. As it will be seen in the text, some material was also lost in transit by post during the execution of the project. Attempts were also made to get the participation of some Eastern European countries. But these were also to no avail. The study was consequently deprived of the insight which could have been introduced by the Eastern European interesting experience. One important aspect of this study which should also be mentioned is the use of local participants in every possible stage of the study. This participation of local operators and researchers not only offered the perspective of training in research for those collab­ orators not conversant with it, but also gave the study a high degree of reality, veracity and credibility, especially in the interpretation and elaboration of the scientific data. To achieve this latter end, a meeting of our collaborators was convened in UNSDRJ, Rome, 21-25 February 1983, after the data had been collected and analysed. At this meeting the empirical findings of the research were discussed and the views and comments of the collaborators were sought to give flesh to the findings in terms of verification, explanation and elabor­ ation. After this the format of the report was discussed and agreed upon. So the report is the result of joint efforts and input from all concerned and no effort has been spared to faithfully reflect not only the hard data, but also the soft data and the information derived from local knowledge and experience. 4 For those who are anxious to know the findings of the research without having to go into details of the design, execution of the study and analysis of the data and those who are too busy to devote much time to read the report, it is suggested that they turn to Chapter VII, which puts the results together, followed by Conclusions, Per­ spectives and Policy Implications in Chapter VIII. The Introduction in Chapter I deals with the relevant United Nations Conventions, methodological problems encountered in var­ ious studie3 addressing the issue of drugs and crime, and the area and objectives of the research. Chapter II explains the design of the research and the rationale of this design; while Chapter III looks into the legislations relating to the phenomenon of drug abuse in the participating countries - especially regarding penal and treatment provisions. Chapters IV, V and VI deal with the analysis of both the hard and soft data collected in the research. Chapter IX is a brief report on the criminal justice system and treatment and rehabilitation programme in New York State. This has been included because the methodology jor the study used in New York State was a modified version of that recommended and also because most of the data collected was lost in the post. Chapters X and XI are the autonomous reports from Sweden and the United Kingdom respectively. These deal with the legis­ lations and the issue of drugs and crime. In spite of the unavoidable problems encountered in the exec­ ution of such a formidable undertaking, it has certainly shed some light on the issues it addressed. The conclusions have been cautiously drawn. There are areas which need to be more thoroughly investig­ ated and some of these areas have been suggested. There are also areas of tentative policy implications - tentative in that it is for the policy-makers to see how these fit into their overall national philos­ ophy; tentative also in that the policy-makers may wish to seek a confirmation of the implications through appropriate deeper study of particular issues. No single study, no matter how large, can satisfy the preoccup­ ations of al/ academicians. We htJpe this will interest some and open a new area for further indepth studies. If in some way the study throws doubt on some assumptions, it will have opened the way for further research. The essence of research is the quest for knowledge and truth, which in the short or long run should influence policy.
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