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26 items
  1. Expert Seminar on Proportionality of Sentencing for Drug Offences

    20 May 2011
    Report

    There has in recent years been a renewed interest in the principle of proportionality in sentencing policy for drug offences. There has been official analysis of the issue by the International Narcotics Control Board (INCB) and several national initiatives that have inscribed a requirement for proportionality when sentencing in statute or penal code, asserted it through the courts, or, as with the UK Consultation on sentencing for drug offences by the Sentencing Council of England and Wales, are continuing to explore the concept through policy processes.

     

  2. 'Legal highs'

    • Adam Winstock, Chris Wilkins
    21 October 2011

    This paper aims to set out some of the policy and public health issues raised by the appearance of a wide range of emergent psychoactive substances of diverse origin, effect and risk profile (commonly referred to as ‘legal highs’). It will start by considering what is meant by the term ‘legal highs’ and consider the historical context that has framed their appearance and must inform any response. It will then consider some of the approaches that have been adopted by different nations to control their availability and associated harms, including a preliminary assessment of their consequences, both intended and not.

  3. The Obama Administration’s drug control policy on auto-pilot

    • Coletta Youngers
    29 April 2011
    Policy briefing

    In a widely watched You Tube video, U.S. President Barack Obama is asked whether or not the drug war may in fact be counterproductive. Instead of the resounding NO that would have come from any of his recent predecessors, Obama responded: “I think this is an entirely legitimate topic for debate.” He then qualified his remarks by adding, “I am not in favor of legalization.” Nonetheless, even acknowledging the legitimacy of debate on U.S. drug policy is a significant shift from the past, when successive administrations stifled discussion and routinely labeled anyone promoting alternative approaches to the socalled U.S. “war on drugs” as dangerous and surreptitiously promoting massive drug use and poisoning America’s youth.

  4. Global Commission on Drug Policy Report

    02 June 2011

    The global war on drugs has failed, with devastating consequences for individuals and societies around the world. Fifty years after the initiation of the UN Single Convention on Narcotic Drugs, and 40 years after President Nixon launched the US government’s war on drugs, fundamental reforms in national and global drug control policies are urgently needed.

     

  5. Alternatives to Imprisonment

    • Karen Gelb
    01 April 2011

    The Sentencing Advisory Council has released a report on community attitudes towards the use of alternatives to imprisonment in Victoria. The report is based on the Victorian component of a national survey of public attitudes to sentencing, supported by the Australian Research Council. Survey participants were asked about the use of alternatives to imprisonment as a way of addressing the increasing number of people in prison and as a way of dealing with certain types of offenders. The prison alternatives suggested to participants included supervision, counselling, treatment and community work.

     

     

  6. Thumbnail

    How to determine personal use in drug legislation

    • Grazia Zuffa
    31 August 2011
    Policy briefing

    Distinguishing between drug possession for personal use and supply and trafficking is widely acknowledged as one of the most difficult and controversial issues facing drug legislators and policy makers.

  7. Addicted to Courts

    • Nastassia Walsh
    22 March 2011

    America’s growing reliance on drug courts is an ineffective allocation of scarce state resources. Drug courts can needlessly widen the net of criminal justice involvement, and cannot replace the need for improved treatment services in the community. Of the nearly 8 million people in the U.S. reporting needing treatment for drug use, less than one fourth of people classified with substance abuse or a dependence on drugs and/or alcohol receives treatment, and for those who do receive treatment, over 37 percent are referred by the criminal justice system.

     

  8. End the War on Drugs

    02 June 2011
    Article

    On June 2, 2011, the Global Commission on Drug Policy presented its report in New York, calling to break the taboo on debate and reform of international drug control policies. The high-profile panel calls the global war on drugs a failure and recommends a paradigm shift towards harm reduction, decriminalization and legal regulation of cannabis. TNI has been closely involved in the initiative and its Latin American predecessor in an advisory capacity. Martin Jelsma of TNI’s drugs policy programme wrote a background paper for the Commission’s meeting in Geneva earlier this year: The development of international drug control: lessons learned and strategic challenges for the future.

  9. Jeremy Sare on drug sentencing

    Jeremy Sare
    18 April 2011
    Other news

    Most drug users are not addicted. Most suppliers of drugs are not dealers. These central truths about patterns of drug use in Britain are incompatible with the policies adopted by those in power who believe ever more muscular enforcement will somehow steer young people away from taking them. In drugs policy, there remains an unparalleled disconnect between power and knowledge. And power means both ministers and media who, on drugs policy, are intertwined in a deadly embrace.

  10. A Call to Shift Policy on Marijuana

    Jim Dwyer
    14 June 2011
    Other news

    More people are arrested in New York City on charges of possessing small amounts of marijuana than on any other crime on the books. Nearly all are black or Latino males under the age of 25, most with no previous convictions. Many have never been arrested before. Last year, the police in New York City arrested more than 50,000 people on the marijuana possession charge, New York State Penal Law 221.10, which makes it a misdemeanor to openly possess pot.

  11. The development of international drug control

    • Martin Jelsma
    15 February 2011
    Policy briefing

    The emergence of more pragmatic and less punitive approaches to the drugs issue may represent the beginning of change in the current global drug control regime.

  12. tni-wola-idpc

    Response from IDPC to the Sentencing Council for England and Wales Consultation on the Drug Offences Guideline

    • Mike Trace
    01 June 2011

    The Sentencing Council for England and Wales initiated a consultation process in order to produce definitive sentencing guidelines for drugs offences for the UK in the future. In order to feed into this process, IDPC, in collaboration with TNI, held an Expert seminar on proportionality in sentencing for drug offences, on 20th May 2011, in London, UK. The seminar was an important gathering of international experts on the subject of proportionality and provided a space for fruitful and in depth discussions on sentencing experiences from around the world. A draft report of the meeting was sent to the Sentencing Council as part of the consultation process on 20th June.

     

  13. Review drags drug law into 21st Century

    03 May 2011
    Other news

    New Zealand’s 35-year-old Misuse of Drugs Act should be consigned to the rubbish heap of history and replaced with a modern, flexible, health-focussed law fit for purpose for the 21st Century, said the New Zealand Drug Foundation today. The Drug Foundation was responding to the Law Commission’s recommendations for reforming the Misuse of Drugs Act 1975, which was tabled today in Parliament.  The report makes 144 recommendations for a new legislative and policy approach to reducing the country’s drug problem, and is a result of a comprehensive 2 year review of New Zealand’s obsolete drug law.

    See: New Zealand Law Commission report: Controlling and Regulating Drugs – A Review of the Misuse of Drugs Act 1975

  14. Federal judge rules Florida drug law unconstitutional

    29 July 2011
    Other news

    A federal judge has declared Florida's drug law unconstitutional, potentially throwing thousands of criminal cases into jeopardy. U.S. District Judge Mary Scriven of Orlando issued a ruling Wednesday that struck down the state's Drug Abuse Prevention and Control law, saying it violates due process because it doesn't require that prosecutors prove that a person knew he or she possessed illegal drugs. See also: Attorneys seek dismissal of hundreds of local drug cases

  15. Congress on Speed

    Eric E. Sterling, Criminal Justice Policy Foundation
    01 November 2011
    Other news

    If Congress were functioning properly, it would take the time to consider the many potential improvements in drug policy that could save lives by preventing overdose, reducing the spread of HIV, and lessening violence, preventing crime, and saving money. With a commitment to governing, instead of grandstanding, Congress could make a careful analysis and weigh the alternatives.

  16. Drug sentencing public consultation launched

    28 March 2011
    Other news

    A public consultation on the sentencing of drugs offenders in England and Wales has been launched. The consultation, launched by the Sentencing Council, proposes new guidelines to cover offences in both the crown and Magistrates' courts.

  17. Pot Penalties May Be Modernized

    David Downs
    18 May 2011
    Other news

    Sponsored by San Francisco Assemblyman Tom Ammiano, AB 1017 aims to give prosecutors more discretion in how they charge weed growers and processors, called "trimmers." According to the bill's author, Mendocino County District Attorney C. David Eyster, mom-and-pop trimmers — many of them economically desperate victims of the country's recession — currently face a felony punishable by sixteen months, or two or three years in prison for manicuring buds. That's because existing law "requires that every person who plants, cultivates, harvests, dries, or processes any marijuana, or any part thereof, except as otherwise provided by law, be punished by imprisonment in the state prison."

  18. Russia defies growing consensus with declaration of 'Total War on Drugs'

    08 June 2011
    Other news

    "Sending more people to prison will not reduce drug addiction or improve public health," said Anya Sarang, president of the Andrey Rylkov Foundation, an advocacy group for people with HIV which works with injecting drug users (IDUs). "Russian prisons are terrible places full of HIV, tuberculosis and other diseases. Drugs are often even more accessible there than anywhere else." She added: "What we need instead of this harsh drug control rhetoric is greater emphasis on rehabilitation, substitution treatment, case management for drug users and protection from HIV."

  19. Supreme Court decision on sentencing guidelines gives judges more leeway

    14 March 2011
    Other news

    Jason Pepper, a former meth addict and drug dealer from the heartland, says he got lucky when he was finally arrested. A sympathetic judge gave him a fraction of the prison time he could have received and, more importantly, sent him to a place where he got extensive drug treatment. Then his luck ran out, when appeals courts said his sentence was too lenient. Even though all acknowledged that he had turned his life around, he was sent back to prison.

  20. Justices to Decide on Fairness in Drug Sentences

    28 November 2011
    Other news

    The Supreme Court agreed to resolve a question that has vexed the lower federal courts since Congress enacted a law to narrow the gap between sentences meted out for offenses involving two kinds of cocaine. Selling cocaine in crack form used to subject offenders to the same sentence one would get for selling 100 times as much in powder. The new law, the Fair Sentencing Act of 2010, reduced the disparity to 18 to 1, at least for people who committed their offenses after the law became effective on Aug. 3, 2010.

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