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CAN THE INSTITUTION OF THE STATE RESPOND TO THE SOCIAL PROBLEM OF NARCOTICS BY THE CREATION OF A COURT?

NCJ Number
45073
Author(s)
R S KUNKIS
Date Published
1977
Length
75 pages
Annotation
THIS THESIS EXAMINES WHETHER THE SPECIAL NARCOTICS COURT HAS HAD OR CAN HAVE AN IMPACT IN CURBING THE DRUG PROBLEM IN NEW YORK CITY.
Abstract
THE MEANS OF EXAMINATION RESTS ON A REALISTIC ASSESSMENT AND UNDERSTANDING OF FOUR ISSUES. THE TOPICS ARE THE EFFICACY OF THE CRIMINAL SANCTION IN TREATING DRUG ABUSE; THE IMPACT OF A NARCOTICS CRISIS WITHIN NEW YORK CITY; THE INTERACTION OF OFTEN CONFLICTING CRIMINAL JUSTICE AGENCIES; AND THE RESOURCES ALLOCATED BY THE GOVERNMENT TOWARD SOLVING THE CRISIS. THE EFFICACY OF THE CRIMINAL SANCTION RELATES TO THE HISTORICAL PROCESS WHICH LED TO THE NARCOTICS COURT. IT ENTAILS AN EXAMINATION OF DRUG DEPENDENCY AND ANTINARCOTIC LEGISLATION. DRUG DEPENDENCY INVOLVES THE STUDY OF THE PSYCHOLOGICAL AND PHYSIOLOGICAL DEPENDENCIES CREATED BY ADDICTION WHICH LEAD THE ADDICT INTO A LIFE OF CRIME IN ORDER TO PAY FOR THE HIGH COST OF THE ILLEGAL DRUGS. THE LEGISLATION ISSUE PRESENTS A REVIEW INTO ANTINARCOTICE LEGISLATION AND RELEVANT SUPREME COURT DECISIONS WHICH SET THE STAGE FOR THE CONTINUING DEBATE BETWEEN ADVOCATES OF THE MEDICAL MODEL AND PROPONENTS OF THE CRIMINAL DEFINITIONS OF DRUG ABUSE. THE IMPACT OF THE NARCOTICS CRISIS PRESENTS AN EXAMINATION OF THE MULTIFACETED, SERIOUS COMMUNITY PROBLEM OF NARCOTICS ADDICTION. IT ENTAILS AN EXAMINATION OF THE PROFOUND IMPACT THAT THE DRUG PROBLEM HAS HAD ON NEW YORK CITY AND THE DIFFICULTIES ENCOUNTERED BY THAT CITY'S POLICE DEPARTMENT IN ATTEMPTING TO ENFORCE THE DRUG LAWS. THE INTERACTION BETWEEN CRIMINAL JUSTICE AGENCIES IS DEVOTED TO A REVIEW OF THE CONFLICTS WHICH DEVELOP BETWEEN THE OFFICE OF PROSECUTION AND THE POLICE DEPARTMENT. IT IS DEMONSTRATED THAT JEALOUSY, BARGAINING (BEFORE AND AFTER ARRESTS), LEGAL RESTRAINTS, AND RESENTMENT OF INTERDEPENDENCY ALL ADVERSELY AFFECT THE WORKING RELATIONSHIP BETWEEN THE PROSECUTOR AND THE POLICE OFFICER IN THE COURSE OF NARCOTICS INVESTIGATION AND TRIAL PREPARATION. THE DISCUSSION OF RESOURCE ALLOCATION BY THE GOVERNMENT INVOLVES AN EXAMINATION OF CONSTRAINTS WHICH SERIOUSLY RETARD THE EFFECTIVENESS OF AGENCIES WITHIN THE CRIMINAL JUSTICE SYSTEM IN NEW YORK CITY. THE CONSTRAINTS, RESULTING FROM GOVERNMENTAL FISCAL PROBLEMS, INCLUDE LIMITATIONS OF TIME, INFORMATION, AND PERSONNEL. IN ORDER TO UNDERSTAND IF THE SPECIAL NARCOTICS COURTS CAN BRING ABOUT ANY SIGNIFICANT IMPROVEMENTS IN THE ADMINISTRATION OF JUSTICE IT IS NECESSARY TO UNDERSTAND THE NATURE OF DRUG ADDICTION, THE ALL-PERVASIVE SPREAD OF NARCOTICS ADDICTION WITHIN THE CITY OF NEW YORK, THE INTERACTION BETWEEN CRIMINAL JUSTICE AGENCIES, AND THE PROPER RESOURCES REQUIRED TO ADEQUATELY FUEL THE SYSTEM WITHIN WHICH THE COURT OPERATES. (AUTHOR ABSTRACT MODIFIED - BAC)