An argument against the U.S. government's laws on drug use and trafficking.
Written in 2009; 746 words; 5 sources; APA; $ 26.95
Paper Summary:
The paper examines the logical basis for penal law and discusses the viewpoint of those who object to the application of penal concepts to private drug use because it is absolutely no different from governmental regulation of private liquor consumption or smoking cigarettes at home.
The paper argues that the solution to the problems that illegal drug use and trafficking cause in society is to punish any deviant behavior associated with it, just as we punish underage drinking. The paper believes that the legitimate purpose of penal law is to protect society from harm caused by individuals, not to protect mentally competent adults from harming themselves privately, should they choose to do so.
Outline:
Background and History
The Logical Basis of Penal Law
Unjustifiable Modern Criminal Laws
Solution
From the Paper:
"Drug use and trafficking are both extremely harmful to society, but most of those harms are either direct or indirect consequences of their illegal status. If illicit narcotics were simply controlled, regulated and taxed by the government in the same manner as tobacco products and alcohol, the problem of illegal drug trafficking would be approximately as extensive as the problem of interstate cigarette smuggling and
unlicensed liquor distillation and sales, which is to say inconsequential(Brecher 1991).
"Primarily as a result of their illegal status, penal institutions are unnecessarily crowded with individuals whose only moral "vice" is preferring marijuana to alcohol, organized crime maintains a lucrative drug trafficking business, and law enforcement resources are needlessly wasted battling something that, more often than not, is exclusively a private matter."
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