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NCJRS Abstract

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NCJ Number:	126700

Title:	Drugs and the Law (From Criminal Law in Action: An Overview of Current Issues in Western Societies, P 199-213, 1988, Jan van Dijk, Charles Haffmans, et al., eds. -- See NCJ-126687)

Author(s):	S Scheerer

Date Published:	1988

Page Count:	14

Sponsoring Agency:	Kluwer Law International Norwell, MA 02061

Sale Source:	Kluwer Law International Publicity Manager 101 Philip Drive Assinippi Park Norwell, MA 02061 United States of America

Type:	Survey (Cross-Cultural)

Language:	German

Country:	Netherlands

Annotation:	The history of German drug legislation since 1920 shows an intrusive preoccupation with prevention as well as a progressive disregard for human dignity and integrity.

Abstract:	Under the pretext of protecting public health, undercover agents, police informers, and the modernized, centralized drug police units penetrate deeply and arbitrarily into the private lives of Germans. The same trend can also be seen in the courts where prosecutors have acquired judge-like power to procure the cooperation of suspected drug offenders and to coerce them into undergoing treatment. At the same time, the length of prison terms has been rising so that drug offenders clog the prison system. Although supporters claim that the strict drug policy has reduced the availability of drugs in Germany, this reduction may, in fact, entail undesirable effects. Thus a decreased supply raises the price of heroin and forces addicts to become small dealers to support their habit. Furthermore, the high price of heroin may well attract drug dealers from other countries by increasing the profit incentive. The intrusive criminal policy also deprives individuals of the choice to decide for themselves if and how they wish to use drugs. It creates a climate in which those who consume drugs are destined to experience devastating effects because they are systematically pushed into secrecy and criminality.

Main Term(s):	Drug law enforcement; Drug law offenses

Index Term(s):	Foreign criminal codes; Germany; Right of privacy; Search and seizure laws



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