combatting drug abuse, and related crime

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UNITED NATIONS SOCIAL DEFENCE RESEARCH INSTITUTE·
Publication No. 21
COMBATTING DRUG ABUSE,
AND RELATED CRIME
".
o
FrateiU Palombi. Editori
Rome, July 1984 .
UNSDRI
UNITED NATIONS SOCIAL DEFENCE RESEARCH INSTITUTE
Publication No. 21
COMBATTING DRUG "ABUSE
AND RELATED CRIME:
Comparative research on the effectiveness o/socio-Iega! preventive
and control measures in different countries on the interaction
between criminal behaviour and drug abuse
Funded by the
UNITED NATIONS FUND FOR DRUG ABUSE CONTROL
by Francesco Bruno M.D.
~~i1l
f t
Fratelli Palombi Editori
Rome, July 1984
97289
U.S. Department of Justlce
National Institute of Justice
This document has been reprodu~ed exaclly as received from the
person or organization originating it. Points of view or opinions stated
in this document are those of the authors and do not necessarily
represent the official position or policies of the Nallonai Institute of
Justice.
Permission to reproduce this copyrighted material has been
granted,by • • Befence
Un~ted Nat~ons Soc~al
Research (UNSURT)
Inst~tute
to the National Criminal Justice Reference Service (NCJRS).
Further reproduc!ion outside of the NCJRS system requires permis
sion of the copyright owner.
Copyright © UNSDRI
TshBeNUru8'ted Nations Social Defence Research Institute 1984
I 8 -7621-826-2 '
Extracts from this publication b d .
condition that the source is indk:re/ repro uced wIthout authorization on
TABLE OF CONTENTS
Page
............. ...... :. ..... .
K~.G·.~~.~.~:
Foreword 3
Chapters
. APR 3~ 1965
I. IntroductIon ............................... . 7
II. The researchJ.l\. C~·tH iU '1'i!'O'N S' ....... '.' 21
III. Comparative analysis of legislations relating to the
phenomenon C)f drug abuse in the participating
countries .................................. . 31
IV. Analysis of the data supplied by the national
preliminary reports ......................... . 39
V. Analysis of the data resulting from the administ-
ration of the «vignettes» .' .................... . 67
VI. Analysis of the data collected through guided
interviews with drug addicts ....... ~ ..........~ . 95
VII. Summary of results ......................... . 149
VIII. Conclusions, remarks, perspectives and policy im-
plications ................................. . 159
IX. The laws, criminal justice system, and treatment!
rehabilitation system in New York State (USA) ... 167
X. Drug criminality and drug abuse in Sweden 1969-
1981: The National Swedish Council for Criminal
Behaviour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
XI. Drug misuse and crime in the United Kingdom:
Home Office Research and Planning Unit ...... . 193
Annexes
1. Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
2. List of experts and researchers involved in the
study.................................. .... 245
UNSDRI Publications 249
FOREWORD
R.esearch on «The effectiveness of socio-Iegal preventive and
control measures on the interaction between criminal behaviour and
drug abuse», the salient feature of the title of this study, in one
country is difficult and complex enough. To extend the research to
many countries of different legal systems and varied social, cultural
and economic circumstances is a very ambitious and formidable
iask. Yet this has been done. As to be expected in the execution of
the research problems were encountered and the way these problems
were circumvented or overcome has been described.
It is appropriate to give some background information about
the study. First of all a preliminary feasibility study group was
convened by the United Nations Social Defence Research Institt{te in
Rome, 30 June-4 July 1980. The group consisted of participants
from nine countries - Brazil, Italy, Jordan, Libya, Malaysia,
Nigeria, Sweden, The United Kingdom and the United States of
America.
The group discussed the situation of the problem of drugs and
crime, the relevant legislation, and the informal control mechanisms
in the different countries represented and finally made recommen
dations for studies and projects for consideration alld imple
mentation by UNSDRJ. This particular project emerged from the
recommendations and the broad outline, strategy and methodology
to be adopted were suggested.
The criteria for selection of countries to participate should
include (a) representativeness of a wide range of drug problems and
policies; (b) sufficient interest to take part; (c) availability of suitable
local researchers.
The Institute's resolve to apply to the United Nations Fund for
Drug Abuse Control (UNFDAC) for funding of the project was
strengthened by the positive, constructive and enthusiastic contrib
ution at this feasibility study group meeting and the concrete recom
mendations that emerged.
Even though most of the participants at the meeting expressed
the desire to participate some had reservations about the collabor
ation within the country necessary for the total execution of the
study. Two of the countries, Libya and Nigeria, which participated
in the meeting, could not collaborate in the study. On the other
hand, in compliance with the criteria suggested at the meeting, other
.3
countries which were not represented at the meeting, Argentina,
Costa Rica, Japan and Singapore, collaborated in the study.
The inclusion of Japan and Costa Rica is particularly notew
orthy, Japan's participation in the study was through the agency of
the United Nations Asia and Far East Institute for the Prevention of
Crime and the Treatment of Offenders (UNAFEI) and Costa Rica's
was through the Instituto Latinoamericano para la Prevenci6n del
Delito y Tratamiento del Delincuente (ILANUD). This demonstrates
the usefulness and also strengthens the network of the United
Nations Institutes on Crime Prevention and Treatment of Offenders.
It is also necessary to remark on the absence of any African
country in this study especially as the problem of drug abuse in
Africa has its own unique dimension. Indeed, determined and del
iberate efforts were made to include at least one African country, but
unfortunately communication broke down when it appeared that we
had the chance of getting the participation of one country from
earlier positive and enthusiastic response.
This breakdown in communication was not the only occasion.
As it will be seen in the text, some material was also lost in transit by
post during the execution of the project.
Attempts were also made to get the participation of some
Eastern European countries. But these were also to no avail. The
study was consequently deprived of the insight which could have
been introduced by the Eastern European interesting experience.
One important aspect of this study which should also be
mentioned is the use of local participants in every possible stage of
the study. This participation of local operators and researchers not
only offered the perspective of training in research for those collab
orators not conversant with it, but also gave the study a high degree
of reality, veracity and credibility, especially in the interpretation
and elaboration of the scientific data. To achieve this latter end, a
meeting of our collaborators was convened in UNSDRJ, Rome,
21-25 February 1983, after the data had been collected and analysed.
At this meeting the empirical findings of the research were discussed
and the views and comments of the collaborators were sought to give
flesh to the findings in terms of verification, explanation and elabor
ation. After this the format of the report was discussed and agreed
upon.
So the report is the result of joint efforts and input from all
concerned and no effort has been spared to faithfully reflect not only
the hard data, but also the soft data and the information derived
from local knowledge and experience.
4
For those who are anxious to know the findings of the research
without having to go into details of the design, execution of the study
and analysis of the data and those who are too busy to devote much
time to read the report, it is suggested that they turn to Chapter VII,
which puts the results together, followed by Conclusions, Per
spectives and Policy Implications in Chapter VIII.
The Introduction in Chapter I deals with the relevant United
Nations Conventions, methodological problems encountered in var
ious studie3 addressing the issue of drugs and crime, and the area and
objectives of the research.
Chapter II explains the design of the research and the rationale
of this design; while Chapter III looks into the legislations relating to
the phenomenon of drug abuse in the participating countries -
especially regarding penal and treatment provisions.
Chapters IV, V and VI deal with the analysis of both the hard
and soft data collected in the research. Chapter IX is a brief report
on the criminal justice system and treatment and rehabilitation
programme in New York State. This has been included because the
methodology jor the study used in New York State was a modified
version of that recommended and also because most of the data
collected was lost in the post.
Chapters X and XI are the autonomous reports from Sweden
and the United Kingdom respectively. These deal with the legis
lations and the issue of drugs and crime.
In spite of the unavoidable problems encountered in the exec
ution of such a formidable undertaking, it has certainly shed some
light on the issues it addressed. The conclusions have been cautiously
drawn. There are areas which need to be more thoroughly investig
ated and some of these areas have been suggested. There are also
areas of tentative policy implications - tentative in that it is for the
policy-makers to see how these fit into their overall national philos
ophy; tentative also in that the policy-makers may wish to seek a
confirmation of the implications through appropriate deeper study
of particular issues.
No single study, no matter how large, can satisfy the preoccup
ations of al/ academicians. We htJpe this will interest some and open
a new area for further indepth studies. If in some way the study
throws doubt on some assumptions, it will have opened the way for
further research. The essence of research is the quest for knowledge
and truth, which in the short or long run should influence policy. It
is believed that this research has been focussed in that direction. It is
5
not perfect but given the limitations and constraints, it has addressed
the issue the best way seen possible.
I hope the reader of this report will find it interesting, useful and
stimulating as those who have participated in the research have
found it exciting to be involved in such a challenging and rewarding
task.
Finally, I wish to seize this opportunity to thank the United
Nations Fund for Drug Abuse Control for giving UNSDRI the
opportunity to make this contribution by their generous funding.
The number of individuals, in addition to our country co-ordinators,
who have carried out thefield work with enthusiasm and diligence is
too high for them to be named and thanked individually. We are
indeed appreciative of their contribution. Nevertheless, particular
mention should be made of two people, Professor Franco Ferracuti
and Dr. Jean Paul Smith who were co-ordinators at the initiation of
the study. They set the basis on which the project was formulated
and carried out. Mrs. Margarita Furlong Minardi should also be
mentioned for having contributed substantially beyond her work as
secretary and translater.
Without the co-operation of the subjects of this study and the
controls, it would have been impossible to carry it out. We salute
them for their co-operation, and wish them luck.
To the author of this report, I wish to express m)! sincere
appreciation and gratitude.
Rome, July 1984
Tolani Asuni
Director
6
CHAPTER I
INTRODUCTION
a) Background
The idea that drug abuse is strictly connected to the very concept
of criminality is well rooted in the popular tradition everywhere.
This idea has evidently constituted one of the bases for the restrictive
legislation which in each country regulates and controls the use of
drugs and represses its abuse. Nevertheless, the issue of the inter"
action between drug abuse and criminality is more complex than it
may appear at first glance: in fact, even if it is possible to guess the
existence of a correlation between criminal behaviour and drug
addiction, so far it has not been possible to demonstrate, from a
scientific point of view, the type and nature of such correlation.
Three different fundamental questions can be formulated in this
respect:
First: to what degree and in what way does the abuse of drugs
contribute to the determination of, or directly determines, criminal
behaviour?
Second: to what degree and in what way 90es criminal behav
iour contribute to the determination of, or directly determines, the
abuse of drug?
Third: do common factors exist that contribute in causing both
criminal behaviour and drug abuse (and if so which)?
In attempting to answer these queries only a multidisciplinary
methodology can be used as the abuse of drugs must be considered as
the behavioural result of many causes.
On the contrary, when discussing «abuse of drugs» or «drug
addiction», the multiple and complex nature of this phenomenon is
often forgotten and the tendency is to examine only the social,
biological or psychological aspects, depending on the specific field of
competence of the person involved.
In order to avoid this risk and to clarify the terms of the matter
under study, Table 1 (Bruno, 1980) and Tables 2 and 3 (Bruno 1983)
present a theoretical dynamics of heroin dependency and related
interacting factors and effects between the addict and criminal
behaviour. This theory represents the syntheses of opinions that
currently meet with the highest consensus and which can generally be
considered valid in describing the dynamics of addiction to the other
opiates, and, in part, to other illicit drugs. It is, of course, evident
7
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