1. 1 SOCI3085 War on drugs 1. 1. Course Administration essays?

2. 2 Schneiderman - Just Say No to the War on Drugs the Reagan administration, and Nancy Reagan’s the Reagan administration, and Nancy Reagan’s ‘just say no to drugs’ campaign, and the ‘just say no to drugs’ campaign, and the subsequent spawning of Wisotsky calls the subsequent spawning of Wisotsky calls the ‘web of Black Market Pathologies’ ‘web of Black Market Pathologies’ recent estimates that 1/32 Americans are recent estimates that 1/32 Americans are currently serving a sentence of incarceration, currently serving a sentence of incarceration, probation or parole for a criminal conviction - probation or parole for a criminal conviction - an estimated 60% of these are for drug or an estimated 60% of these are for drug or drug-related offences; in some large American drug-related offences; in some large American cities, 1/4 Black males are currently serving cities, 1/4 Black males are currently serving a criminal sentence a criminal sentence

3. 3 estimated that between 25% and 50% of all estimated that between 25% and 50% of all homicides, robberies and b&e are drug homicides, robberies and b&e are drug related related corruption of government officials; undermining corruption of government officials; undermining of the independence of foreign governments; of the independence of foreign governments; individual, social, health, economic costs individual, social, health, economic costs the need for more and more money $$$, more the need for more and more money $$$, more and more enforcement to fight the war on drugs, and more enforcement to fight the war on drugs, but estimated seizures less than 10% but estimated seizures less than 10%

4. 4 civil control and forfeiture - proceeds of crime, civil control and forfeiture - proceeds of crime, proposed provisions for seizure prior to proposed provisions for seizure prior to conviction for crime; zero-tolerance policies, conviction for crime; zero-tolerance policies, drug testing in the workplace, schools - what drug testing in the workplace, schools - what price civil rights? price civil rights? on the other hand; alcohol and tobacco are legal; on the other hand; alcohol and tobacco are legal; yet alcohol is perhaps the most destructive yet alcohol is perhaps the most destructive recreational drug of all - 50% of homicides & recreational drug of all - 50% of homicides & traffic fatalities; billions $$$ in health costs, both traffic fatalities; billions $$$ in health costs, both short-term and long-term; and then, there is short-term and long-term; and then, there is smoking smoking

5. 5 Berger and Luckmann; the social construction Berger and Luckmann; the social construction of reality, moral entrepreneurship, and the of reality, moral entrepreneurship, and the ‘war on drugs’ - is this the only way to define ‘war on drugs’ - is this the only way to define the problem, and to enact measures to deal with the problem, and to enact measures to deal with it? (or should be, as Daryl Gates proposed, it? (or should be, as Daryl Gates proposed, execute casual users? Nancy Reagan - ‘if you are execute casual users? Nancy Reagan - ‘if you are a casual drug user, you are an accomplice to a casual drug user, you are an accomplice to murder’) murder’) surveillance schemes - turning in your family, surveillance schemes - turning in your family, neighbors neighbors the case of the Netherlands the case of the Netherlands

6. 6 Barsh & Marlor - Law as Power, Law as Process an evaluation and critique of the alternative an evaluation and critique of the alternative dispute resolution (ADR) approach, including dispute resolution (ADR) approach, including the peacemaking paradigm - do these approaches the peacemaking paradigm - do these approaches work any better than the adversarial approach? work any better than the adversarial approach? law as power - coming out of the concept of law as power - coming out of the concept of positive law : “law is a body of legislated rules positive law : “law is a body of legislated rules applied by coercive authority” applied by coercive authority” - undesirable activity is prohibited - human behaviour as a whole is predictable - the ‘power paradigm’ - the ‘power paradigm’

7. 7 versus tribal law or the ‘process paradigm’ versus tribal law or the ‘process paradigm’ where conflicts are resolved not through a power where conflicts are resolved not through a power struggle, but rather through cooperation, struggle, but rather through cooperation, compromise, and ‘give and take’, using a compromise, and ‘give and take’, using a flexible sets of procedures, with few ‘rules’ flexible sets of procedures, with few ‘rules’ we know that many of the aspects of the power we know that many of the aspects of the power paradigm are not effective; punishment does paradigm are not effective; punishment does not increase compliance, even certainty and not increase compliance, even certainty and celerity may not be effective in reducing celerity may not be effective in reducing crime, especially repeat offending crime, especially repeat offending so: consider the alternative? ADR approaches so: consider the alternative? ADR approaches

8. 8 ADR or the ‘negotiated justice’ approach ADR or the ‘negotiated justice’ approach ranging on a continuum from cooperation to ranging on a continuum from cooperation to competition, incorporating a variety of competition, incorporating a variety of along the continuum (negotiation, mediation, along the continuum (negotiation, mediation, arbitration…..) arbitration…..) difficulty though in classifying and comprehending difficulty though in classifying and comprehending the nature and dynamics of conflict - especially the nature and dynamics of conflict - especially where the ongoing conflict may actually where the ongoing conflict may actually benefit some of the parties - to resolve conflicts benefit some of the parties - to resolve conflicts in the ADR manner, both parties must be honest in the ADR manner, both parties must be honest and motivated and motivated

9. 9 the problem, frequently experienced, that the problem, frequently experienced, that negotiated justice systems are too often negotiated justice systems are too often co-opted under the umbrella of state authority - co-opted under the umbrella of state authority - they are not independent systems they are not independent systems increasing the power of professionals, and the increasing the power of professionals, and the whole concept of ‘net widening’ - note here: whole concept of ‘net widening’ - note here: is Native justice really Native justice, or is Native justice really Native justice, or conventional justice in disguise? conventional justice in disguise? ‘peacemaking’ - this approach is fundamentally ‘peacemaking’ - this approach is fundamentally opposed to social control - emphasis on opposed to social control - emphasis on redistribution, equality of power redistribution, equality of power

10. 10 that wrongdoers can be rehabilitated effectively that wrongdoers can be rehabilitated effectively and inexpensively without cruelty or and inexpensively without cruelty or punishment, and that the community can be punishment, and that the community can be restored, conflict resolved restored, conflict resolved but what does the research say? but what does the research say? - difficult to measure outcomes, either quantitatively or qualitatively with any quantitatively or qualitatively with any reliability/validity reliability/validity - social divisions within Native communities make it almost impossible to assess make it almost impossible to assess contemporary effectiveness contemporary effectiveness - no evidence that it works better, or even as well

11. 11 Hudson & Galloway: An Introduction to Restorative Hudson & Galloway: An Introduction to Restorative Justice Justice three fundamental elements: three fundamental elements: 1. crime as a ‘social’ conflict between offenders, victims and community offenders, victims and community 2. aim of justice system to create, promote peace through reparation and promote peace through reparation and reconciliation reconciliation 3. active participation by victims, offenders, communities offenders, communities

12. 12 note that a restorative justice system would note that a restorative justice system would require the decentralization, deprofessionalization require the decentralization, deprofessionalization of the justice system - and a commitment of time of the justice system - and a commitment of time and resources from the community and resources from the community emphasis on ‘community responsibility’, and a emphasis on ‘community responsibility’, and a broader view of the problem - a ‘peacemaking broader view of the problem - a ‘peacemaking perspective’ perspective’

13. 13 Restorative Justice process: Restorative Justice process: 1. Pre-mediation phase (the role of the mediator; intake and eligibility; preparation; voluntary nature; safety; direct preparation; voluntary nature; safety; direct contact/not) contact/not) 2. Mediation phase (importance of ground rules; symbolic reparation: shame and forgiveness; providing reparation: shame and forgiveness; providing a means for the offenders to return from shame) a means for the offenders to return from shame) 3. Follow-up phase and outcomes (material, psychological and social aspects for (material, psychological and social aspects for all parties) all parties)

14. 14 the future of restorative justice? the future of restorative justice? - what does the theory of the development of law say? law say? - incorporation into ‘state operated’ justice system system - ‘net widening’ - the issue of fairness and justice: are restorative justice programs fair to the restorative justice programs fair to the victim, the offender, the community - are victim, the offender, the community - are these partners really equal in the process? these partners really equal in the process? - public support/tolerance for the process

15. 15 so: what is the solution - what does our so: what is the solution - what does our experience with Prohibition tell us? experience with Prohibition tell us?

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