"DRUG OFFENCES ARE VICTIMLESS CRIMES AND SHOULD BE TREATED AS SUCH". DISCUSS

Authors Avatar
University of Portsmouth

Bsc. (Hons) Policing and Police Studies

"DRUG OFFENCES ARE VICTIMLESS CRIMES AND SHOULD BE TREATED AS SUCH". DISCUSS

.

Registration Number 227296

The UK Parliament announced in May 2002 that 'There are no easy answers to the problems posed by drug abuse, but it seems to us that certain trends are unmistakable. If there is any single lesson from the experience of the last 30 years, it is that policies based wholly or mainly on enforcement are destined to fail. It remains an unhappy fact that the best efforts of police and Customs have had little, if any, impact on the availability of illegal drugs and this is reflected in the prices on the street which are as low as they have ever been. The best that can be said, and the evidence for this is shaky, is that we have succeeded in containing the problem'.

The 2001/2002 British Crime Survey estimates that 34% of 16 to 59 year-olds have used an illicit drug at some time and 12% have used a Class 'A' drug1. Along with abortion, prostitution, homosexuality, drug misuse is often referred to as a 'victimless' crime. It will be the intention of this paper to brief the Chief Constable concerning a critical policing issue, namely the use of controlled drugs. This paper will discuss the view that 'drug offences are victimless crimes and should be treated as such'. In the short scope of this paper it will be my intention to focus on the UK drugs market. I will explain what is meant by 'victimless' crimes. I will focus on how controlled drugs are currently governed in the UK, some of the social costs in terms of criminal justice and health and the 'knock-on' effects to the community.

Crime can be defined simply as a violation of the criminal law. One of the reasons for introducing such laws is to regulate the behaviour of some, that harm others or society. It has been argued that what is the benefit of controlling behaviours, which do not cause any direct harm. This picks up on one of the central elements to the consensus theory of crime. Bedau (1974) sets out four principles that define victimless crimes. Firstly there must be consensual participation of all involved. Second is the fact that no participant complains to the police. The third is that the participants genuinely believe that the activity does them no harm and finally most of these offences involve the willing exchange of desired goods or services between adults. There are exceptions to these main beliefs, which Bedau accepts, such as drunkenness or drugs use, which involve no transaction.

The production, distribution and use of drugs usually fall quite easily into these values. Those who make, deal and take drugs all do so freely. Quite obviously they do not broadcast their involvement to the law enforcement agencies. Those who use controlled drugs see this as a personal choice, taken for pleasure and either do not see, or ignore, any harm that they cause in the long run. Cannabis users openly promote what they claim is the medicinal2 values of its use.

The law in this country regulates the use of drugs in different ways. Some forms, such as tobacco and alcohol, are subject to licensing arrangements and supply is only permitted to those over a certain age. Others are available by prescription from medical practitioners. Heroin, Cocaine and cannabis are examples of what are commonly know as controlled

drugs. This means their production, distribution, sale or use are criminalised. The law also controls certain behaviours associated with the use of these drugs, for example, drink/drug driving regulations.
Join now!


The way that the so-called victimless crimes are now seen, has altered drastically in the last forty years or so. Changes in legislation and an attempted move towards decriminalisation have led to some marked differences. Abortion is now available more easily than prior to the Abortion Act 1967. The legal status of prostitution shifted in the 1960's with the laws offering a clear distinction between private and public acts of indecency. Homosexuality is no longer outlawed in the way that it was before the passing of the Sexual Offences Act 1967 and the Criminal Justice and Public Order ...

This is a preview of the whole essay