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Drug abuse: Tendencies and ways to overcome it скачать рефераты

p> Legal Aspect of Drug Abuse:

The legal aspect of drug abuse is also a part of the social aspect.
Crimes and other law-breaking acts covered by the totality of legal norms involve the illegal cultivation of drug-bearing plants, the preparation, storage, transportation, trafficking, sales, and theft of drugs, the use of drugs without doctor's prescription, and the violation of laws regulating the handling of narcotics. This also covers the situation when suitable conditions are created for taking drugs and those in which more people are persuaded to use drugs or when people have to commit crimes in order to obtain means to buy drugs. Crimes committed under the influence of drugs, as well as crimes that are committed for the purpose of getting money to purchase drugs are included as well.

These crimes should be viewed as part of the notion of drug abuse since they are caused by the desires of drug users to boost drug-inspired activities or their level of intoxication. The legal aspect of drug abuse also includes those relationships regulated by law and arising from the non- medical use of drugs.

Criminological Aspect of Drug Abuse:

The criminological aspect of drug abuse includes a part of this phenomenon that poses an extreme danger to the public, i.e. is linked to the above-cited crimes, their state, level, structure, dynamics, cause-and- effect, criminal's personality, and prevention measures, among others.

Economic Aspect of Drug Abuse:

The economic aspect of drug abuse is associated with its affect on economy, such as large sums of money in possession of drug dealers, a decline in labor productivity of drug addicts; an increase in spending on law-enforcement engaged in combating drug-related crimes; and a drain on national budgets due to preventive and rehabilitation measures to combat drug addiction. Experts claim, for example, that in the former USSR, the cost of illegal drug trafficking within the "narco-business-shadow economy" amounted to billions of troubles.

Biological Aspect of Drug Abuse:

The biological aspect of drug abuse is associated with the notion that it is "a disease manifested by a constant and insurmountable craving for drugs (morphine, for example) causing euphoria in small doses and stupor in large ones. The regular use of drugs arouses a desire to increase the dose.
The abstinence syndrome usually accompanies withdrawal.

Narcotics damage the internal organs of drug takers, destroy their nervous systems, their state of mind, and bring about their social degradation.

Since drug addiction is a disease, there is a need to find a cure for it. Hence, the need to have qualified medical personnel, special drug rehabilitation centers and branches offices, effective medicines and curative methods.

Ecological Aspect of Drug Abuse:

The ecological aspect of narcotics is associated, on the one hand, with the natural existence of drug-bearing plants, and on the other, with their man-made cultivation. These plants are a source of obtaining and preparing narcotic substances. From the ecological point of view there is a need, first, to do away with the spread of wild drug-bearing plants, and second, to ban their man-made cultivation. The economic, biological and ecological aspects are subjects for research by experts.

Drug-related Crimes:

It is possible to define drug abuse as a negative social phenomenon touching upon the social, legal, criminological, economic, biological and ecological areas accordingly. One part of the phenomenon is drug addiction, as a disease, and other, embraces all the law-breaking actions related to drugs: those carried out to secure means for purchasing drugs or those committed under the influence of drugs. Such law-breaking actions cover the use, preparation, purchase, storage, transportation, parcel mail, sale and theft of narcotic substances; attempts to force other people to use drugs and the creation of conditions conducive to such use; attempts to sow and grow drug-bearing plants; attempts to violate the established rules regulating the production, purchase, storage, control, sale, transportation or parcel mail of narcotic substances; and, drug smuggling. The law- breaking actions also cover various mercenary crimes (violent crime) that are not drug-related but are committed in order to buy drugs subsequently
(theft, robbery, plunder, fraud, blackmail and others) and also violent crimes committed under the influence of drugs (e.g., hooliganism against individuals). This notion reflects the essence and the confines of the drug use and serves as a guideline for determining its scale and developing strategies against it. Yet the true scale of this phenomenon is obscured by a high degree of latent drug-induced diseases and law-breaking drug-related actions.

Narcotics and Crime:

The above-listed law-breaking actions are crimes proving an interrelation between drug abuse and crime. Drugs and crime are not only closely interrelated, but actually blend fully, and in fact, becomes what is known, as narco-crime. But to merely establish this fact is not enough.
The danger drug-related crimes pose to the public surpasses the danger coming from other crimes. Drug-related crime is largely interrelated with various other kinds of crime and even merges with one of its most dangerous varieties such as organized crime. This becomes clear studying the dynamics of drug-related crimes. Central here are the drug users who represent a consumer of narcotics, and the ultimate target of drug trafficking - the sale of drugs. When people become dependent on drugs they concentrate all their efforts on getting drugs at any cost. They engage in criminal activities ranging from the cultivation of drug-bearing plants and the preparation of "stuff", to its sale.

Tendencies of Development:

The number of drug users grows in direct proportion to the rise in crimes committed under the influence of narcotics and, in the long run, to the profits earned by the drug dealers. Hence, drug dealers seek to 1) expand the drug sales; 2) increase the output of drugs or receive more of them from medical and pharmaceutical centers; and, 3) further promote criminal activities connected to drugs. The latter seems to ensure the realization of the former. A high degree of organization paves the way for expanding drug sales, increasing the output and boosting drug trafficking.

Expanding Drug Sales:

The expansion of drug sales is achieved by persuading more people to take drugs. Drug dealers set up drug pads and stores where narcotics are available. They try to advertise them in indirect ways. They make sure that more powerful drugs are continuously being developed.

In order to increase drug output drug-bearing plants are grown on remote plantations in regions with difficult access. Illegal shops and laboratories for developing new types of narcotics are set up there. Funds for increasing drug output are raised by blackmailing or bribing public officials. Drug-dealers practice violence, make threats against officials and encourage theft of large amounts of drugs.

Boosting the Level of Organization of the Illegal Drug Trafficking
Business Methods to improve the level of organization include mergers of criminal groups and associations, severe disciplinary measures within criminal organizations, greater degree of cohesion among group members, conspiratorial rules, and tougher actions against those who violate the rules in such groups. Other methods are: increasing attempts to draw government officials into criminal groups, taking control of persons engaged in drug-related crimes on their own, centralizing finances and monopolizing drug prices.

According to various studies there are quite a few syndicates and cartels in the world that have divided drug trafficking regions among themselves. Activities of these groups are guided by a clear-cut system of criminal actions, such as promoting the sowing and cultivation of drug- bearing plants, the production of narcotics, their wholesale purchase, and the transportation and sales of drugs to consumers. Drug syndicates and cartels, for whom drug trafficking is the main source of income, act under the guise of legitimate companies, trying to come across as legal as possible. They have airplanes, modern weapons and the newest technology in their possession. Leaders of the criminal drug associations do their utmost to oppose the actions of law enforcement agencies. With this purpose in mind, they not only try to check police actions but make attempts, successful at times, to infiltrate police ranks. Professional criminals deploy defense measures that may prove to be so effective in challenging the worthiness of surveillance of suspects and the bugging of their phones.
United into cartels and syndicates and organizationally divided into groups and associations, drug- criminals are usually aware that they remain under constant surveillance. To ensure their personal safety they resort, as a rule, to various counter-surveillance measures, thus putting well-trained police officers in a difficult position. Experience shows that criminal groups usually keep the approaches to places where narcotics are turned over under their own close watch.

Ways to Legalize Drug Profits:

Drug dealers seek not only to build up profits from drug trafficking but to legalize them as well. To that end they engage in criminal activities where by legal and illegal operations are inextricably intertwined. The money earned from the trade in narcotics is invested into legitimate businesses or in real estate. It may also be laundered in financial transactions, such as, the purchase of shares and securities or other newly invented and constantly perfected operations. The income thus obtained allows drug dealers not only to pour more money into drug trafficking or finance more drug-related crimes but also provides for a legal coverage of drug trade, or for the participation in legal activities.
Speakers at the international seminar on combating organized crime in the
Russian city of Suzdal in 1992 held in accord with the resolution of the
45th session of the UN General Assembly, pointed out that "in the majority of countries, organized crime developed along two directions: participating in prohibited activities (property crimes, money laundering, illegal drug trafficking, violation of hard currency transaction rules, intimidation, prostitution, gambling, trade in weapons and antiques) and joining legal business (directly or using such parasitical means as extortion. This participation in legal economic activities is always bent for the use of illegal competition methods and may have a greater economic impact compared to the involvement in totally illegal kinds of activity). In short, criminal methods are used in both cases leading to the situation in which criminal elements form the majority of organized criminal formations.

Organized Narco-crime:

Typically, drug cartels and syndicates are highly organized. Present in the organizations are: strict and precise distribution of functions; very rigid hierarchies; internal discipline maintained by interest, authority and force; stringent conspiracy; ramified networks of groups bound by firm organizational ties; branches existing and functioning in various countries; contacts with other criminal groups (counterfeiters, smugglers, murderers etc.); the use of professional criminals; the internationalization of group members; and, the use of violence to meet the desired ends. To protect their huge profits and spheres of interest, the subjects of narco-criminals stop at nothing and employ violent means, such as the contract murders of their rivals and of law enforcement agents. The money brought by the trade in drugs is often used to finance dangerous crimes and acts of terrorism. It becomes a source, which finances subversive activities of all kinds. Profits obtained from the drug trade make it possible to finance large-scale armed operations against government forces (like in Columbia or Mexico). Profit gained from the drug trade is often compared with the profits earned by whole industries. The drug trade is regarded as the world's second largest economy. All this enables drug dealers not only to pay generously for the participation in crimes but also to set up a common financial fund, a common bank, so to speak. Narco-money is also used to exert influence on policy-making, particularly, by nominating the associates of drug dealers to key posts in the economy and politics or by bribing persons who already hold such posts and turning them into supporters of the drugs trade. These financial investments are reinforced by threats of violence against them or their close relatives
(wives, children or parents). This proves convincingly that narco-crime is a well organized and well planned business incorporating the mutually inter- related criminal activities of individuals, groups, associations, syndicates and cartels with a division of mutually interrelated functions.
This is the reason to regard this kind of crime as a variety of organized crime. Some researchers believe that drug profits are the economic foundation of organized crime. This can be seen in comparison of elements forming narco- and organized crimes. To get a clear understanding of the elements of the latter it is necessary to look in retrospect at the history of organized crime. While crime and drug addiction have been known to the world for at least several centuries, the existence of organized crime has been officially recognized quite recently, only in this century. Yet both national and foreign researchers date the origin of this phenomenon, in one way or another, to a much earlier period.

Various stable criminal organizations used to appear and operate on territories of almost all modern states. Gangs of brigands and smugglers were at work not only on land but also at sea (sea pirates). They had in their possession caches of weapons, stocks of gold and food and, sometimes, entire fleets of pirate boats furnished with everything necessary for an attack and ready to go into combat with regular troops or ships. They thereby challenged borders and laws. Already at that time members of such gangs observed their own internal rules and traditions strictly, contrary to the ones obligatory in society. Among them there was the principle of mutual help, the recognition of the leaders' authority, the distribution of duties and spoils, as well as a system of reward and punishment. Gangsters knew exactly the kind of work they were responsible for and also knew their zones of influence (slave trade, cattle stealing, smuggling arms, narcotics, gold, diamonds, etc). They talked their own language and stuck to other conspiratorial rules. Taking hostages and bribing officials were their usual practices, very much like the actions of the present day organized crime groups.

With the passing of time, of course, these organizations kept transforming and modernizing, adjusting to changes of state borders, governments and economies. They were turning more and more into organized criminal associations that posed a serious threat to public safety, to the supremacy of the law and to other state institutions. As researchers point out, a particular danger of organized crime is that it becomes more and more arrogant, aggressive, ingenious and diverse. In the 1980s, organized crime became increasingly apparent throughout the world.

Forms of Organized Crime:

Along with traditional forms of organized crime, new forms, more diverse and greater in scale, have appeared, such as the theft and re-sale of luxury cars, electronic equipment, historical and cultural art objects, antiques, icons and church plate. Other forms include the illegal trade in human being, weapons and ammunition, strategic raw materials, non-ferrous and rare metals, drugs counterfeiting, theft and forgery of credit cards, gambling, and infiltration of legal business and world finance. An analysis of documents issued by the UN Information Center proves that the influence of various forms of organized crime spreads far beyond national borders and
"transnationalize crime", so to speak. This creates a situation which
"differs, both qualitatively and quantitatively, from the situation in the past and hampers the accomplishment of effective measures aiming to prevent and eliminate crime. Experts believe that the evolution of organized crime should be seen as "a process providing for a rational reorganization on the international basis of criminal enterprises using the same patterns just as it is the case for legal enterprises." This process reflects tendencies for forming a more intricate organizational structure typical of the modern society in all countries. This explains why the UN Secretary General pointed out in his speech at the 47th General Assembly session on September
28, 1992, that it was imperative to promote international cooperation and develop practical steps against organized crime in view of its negative impact on various areas of society's social, political and economic life.
Though extremely topical, problems of organized crime have not yet been resolved properly by juridical theory and practice. Suffice it to say that there are still some countries where no laws on organized crime have yet been passed. There is no uniform approach to the concept of organized crime at the legislative level. The attributes and signs of this phenomenon have not yet been finalized. No attempts have yet been made to develop a comprehensive program of action against it. There are few statistics or official data on organized crime as a whole.

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