Essay about Criminal Law and The War on Drugs

This history of legislation of both the sale and use of alcohol and drugs in the United States has been considered one of the longest-running policies that our history has seen. The first federal drug policy that the United States restricted the use of

In the essay “America’s Unjust Drug War” by Michael Huemer, Huemer discusses the facts and opinions around the subject on whether or not the recreational use of drugs should be banned by law. Huemer believes that the American government should not prohibit the use of drugs. He brings up the point on drugs and how they harm the users and the people in the user’s life; he proves that the prohibition on drugs in unjust. Huemer believes that drug prohibition is an injustice to Americans’ natural rights and questions why people can persucute those who do drugs.

enacting laws, but not so many that have penal sanctions (Saunders and Bromwich, 2016, p. 93-

Criminal law is a construct of the government, enforced through tangible measures. In a democratic society, the government is elected by the citizens, and as such, laws are generally conceived with the aim to reflect whatever ethical or moral standards are presently acceptable. However, in order to be truly effective, some legislation must circumvent current sociological viewpoints in order to create laws that are genuinely in the best interests of society. This results in a delicate balancing act, as lawmakers attempt to weigh the views of the majority against the need for laws to be both reasoned and objective.

The War on Drugs and Mass Incarceration have been two very well-known topics of society. While these have taken place during the Cold War, there is still a continuance in them today. The impact that has been left on society from these issues have stuck around, while mass incarceration is still of talk today.

Rule: ‘“While in some of the cases cited and relied upon by the Commonwealth lesser amounts of drugs were in issue, there was evidence in addition to the drugs themselves which was susceptible of an inference of the intent to distribute and which was inconsistent with the notion of personal use.’ Commonwealth v. Wooden, 13 Mass.App.Ct. 417, 423–424, 433 N.E.2d 1234 (1982).” Com. v. Ahart, 63 Mass.App.Ct. 413 (2005)

legislation is firmly in place, it may not always prevent misuse, unethical use, or objective

Starting in 1914 the U.S introduced the first probation acts that prohibited the consumption of Opiates and Cocaine with the Harrison Narcotics act of 1914 Later this act was amended to include marijuana. This Act was the first use of federal criminal law in the United Sates to attempt to deal with the nonmedical use of drugs (wisegeek). The war of drugs started primarily in the 1971 when Nixon declared the war on drugs. He dramatically increased the size and presence of federal drug control agencies (Drug Policy). With the first major organized drug imports from Columbia from the Black Tuna Gang based in Miami, Florida Columbia was quickly growing into a drug superpower able to feed America’s growing addictions.

The purpose of the legislative branch in democratic governmental systems is to enact laws that determine which conduct will be considered illegal and subject to prosecution. It is the legislature that determines what the moral and behavioral standards might be in society and, for the most part, these laws are applied uniformly and assist in making sure that certain unacceptable behaviors are sanctioned. The fact is, however, that there remains considerable discretion in the hands of the police and prosecutors in determining not only who is arrested and prosecuted but also as to how severely each defendant is to be charged and prosecuted. Such decisions are known as charging decisions. The actual criminal statutes enacted by the legislature provided the basis but it is the prosecutor who ultimately determines how each case should be handled.

Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer, with the permission of the publishers, Stanford University Press. ( 1968 by Herbert L. Packer.

The so-called “War on Drugs,” as declared by the Nixon administration in the signing of the Comprehensive Drug Abuse Prevention and Control Act of 1970, marked the beginning of the current era of mandatory minimum sentencing, racism, privatized prisons, and a powerful constituency that profits as a result of the prohibition of drugs. Psychoactive substances have been apart of the human experience as long as humans have walked the earth. There is little hope that drug production will ever be curtailed, so long as there is a demand; a demand that has remained steady even though it has been forty years since the beginning of said war. As Judge James P. Gray from the Superior Court of Orange County has so plainly put it: “Where did this policy

The War on Drugs is a current conflict that has been going on for many decades. It is a movement organized by the United States Government in attempts to reduce the amount of illegal drug trafficking in the country. The War on Drugs enforced strict drug policies that are intended to reduce both the production, distribution, and consumption of illegal drugs. The term was first used by President Richard Nixon, during a press conference concerning the nationwide drug abuse issue, in which Nixon announces to the Congress that drug abuse was, “public enemy number one”. Illegal drugs are certainly dangerous; addiction and death are two but many factors as a result of drugs. However, even though the War on Drugs might sounds justifiable, in truth, it is actually making the drug issue worst in the country.

“The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to

The “War on Drugs” is the name given to the battle of prohibition that the United States has been fighting for over forty years. And it has been America’s longest war. The “war” was officially declared by President Richard Nixon in the 1970’s due to the abuse of illegitimate drugs. Nixon claimed it as “public enemy number one” and enacted laws to fight the importation of narcotics. The United States’ War on Drugs began in response to cocaine trafficking in the late 1980’s. As the war continues to go on, winning it hardly seems feasible. As stated by NewsHour, the National Office of Drug Control Policy spends approximately nineteen billion dollars a year trying to stop the drug trade. The expenses shoot up, indirectly, through crime,

Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law