Category: justice

Crime and Punishment or Treatment and Support

Part V – I’m Ranted out

What is the change I believe would make the difference?

Portugal pioneered the decriminalization of drugs across the board. They have removed the stigma and view users and people with a health problem, not addicts who are a problem. Until 1974 Portugal was under under the rule of an Autocrat. The policies and laws of the land were stringent, arbitrary and often ridiculous.

After the revolution in 1974 the freedom that comes with democracy was knee buckling. The rutter that steered the ship of reason and societal norms. The Roman Catholic church was ill prepared and itself becoming mired in it own scandals. With little credibility and even less authority the church was impotent to fill the void of moral authority left by the fall of the fallen tyrant.

People under autocratic rule for generations expect democracy to to boldly prance in on a white stallion, toss out golden wishes and butterfly dreams. The freedom of democracy hard won from a tyrant is a mirage. To often Democracy stumbles in drunk,high, tattered, whispering sweet, sweet promises into every pretty girls ear. Democracy the red headed step child of freedom, and all too often has Adam Smith’s invisible hand of economics in its back pocket.

Freedom then breezes in with its infomercial on what you get, and you can have, and make all your neighbours jealous as you drive in your brand new McLaren. Eyes glaze over, smiles bright enough to speed up global warming by a decade break across the doe eyed faces of the newly emancipated.

Wait for it – can you hear the thunder? Did the ground just tremor under your feet. Jaws drop, doe eyes and wonder become fear and terror. Yes, Yes there he is with his santa sack filled with fear, sorrow, regret and responsibility. Reality arrives, ham fisted, blind and angry. Unlike Freedom tossing out unicorns promises on candy floss clouds . Reality stomps in elbows out hurling, responsibility, burden, and obstacles at everyone like Krewes throw beads at Mardi Gras. Reality tears off the rose coloured glasses fairness, self determination and freedom handed out with both hands under autocracy.

Democracy is a trojan horse. Most often it is hiding the wormhole chaos and chaos’es vacuum . Without experience, boundaries or a mature and experienced legislative body the people of Portugal struggled. Drug use and abuse skyrocketed, as the golden roads didn’t materialize. I in every hundred people were using Heroine. (https://transformdrugs.org/assets/files/PDFs/Portugal-drugs-decriminalisation-facts.pdf). Aids, Hepatitis and overdose deaths were overwhelming the health care system, courts and jails. Portugal rates of use and abuse outcomes were 6 times as high as other European countries (Ibid).

By 2002 the number were increasing exponentially. The system could take no more. A wise and empathetic person/people recognised that they didn’t have a ephemeral problem that could be punished out of existance. This was not a coup d’etat attempt corroding the fabric of their society. Drugs were not an abstraction, poisoning there democratic Portugal. They had a people problem. They had sick, stressed and struggling people who were normalizing drug use as a stress release for the next generation. Jails and mortuaries were filling with people with problems both mental and physical as a result of their drug use and abuse.

Punishing the result was not going to cure or ebb the problem. The problem kept in the closet would only become more tempting, and continue to multiple. The Unorthodox was proposed and Portugal move drug use from the judicial system to the health care system. Over night carrying and using any drug was no longer a criminal offense. The money that was once spent on enforcement and incarceration was diverted into the Health care and education systems for diversion and harm reduction. Initially their was a reported increase use of drugs. I would suggest that taking away the stigma and punishment aspects simply made people more honest.

The results have made a differnce: See the figure below:

Figure 1.1

Image in benefits we could derive by focusing the 60% dollar reduction in health care costs into harm reduction, education and research. Think about the savings of cutting incarceration the money could be focused on pursing other crimes like property crimes that are often reported but rarely investigated because insurance has the victim covered. Imagine the boost in your personal self worth by being valued, heard, and offered treatment and support. What a difference that would make.

Oregon adopted the Poragula model and after 3 years it was deemed a failure. First of all it took a generation before Portugal recognized results that made heads turn and jaws drop. Not to mention in Portugal it was a national initiative. Pursuing support for your addiction by moving to a State in your own country is easy. Oregon would naturally attract a higher percentage of people want to or having to use drugs. Being a National initiative meant you didn’t have to move you were supported where you were. Citizenship or Visas are much harder to get and a genuine commitment to hours, weeks, and months of paperwork and red tape.

In Portugal it remains illegal to sell drugs, but using them is perfectly acceptable. I would encourage anyone to review further the the Portugal model and think critically about what we have to lose if we try it; vs what we are losing everyday, month and year. We continue to beat this horse with the same stick. I proffe its time to find an new horse, and try kindness not a bigger stick.

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“Be the Change You Want To See In The World”

Part IV1

How do we change, how do we move the needle on all of this; crime, punishment, rehabilitation, justice?

I certainly don’t have any answers, I do however have some ideas.  If after 400 years the Roman Catholic church can review its attitudes regarding the guilt of Galileo and reverse their decision, consider newer knowledge and evidence Perhaps after 200 years with little to no progress and new information perhaps as a civil society that claims to be enlightened, responsive and progressive than the Roman Catholic church we should take a beat and reevaluate some fundamental practices that have failed us repeatedly but we claim are still best practices. 

Lets review the cost of incarceration, the social costs and cost in lost productivity attributed to drug use.  The costs are staggering, with seemingly little or no progress made. You will notice, however it is not illegal drug sales or use that are the biggest draw on the system.  It is the perfectly legal drugs that are the highest drain on government resources. See figure 1  ((https://www.canada.ca/en/health-canada/services/publications/healthy-living/canadian-drugs-substances-strateg)

 Alcohol and tobacco drain the system at a rate 3 times that of opioids.  So why have Opioids, stimulants and miscellaneous other drugs become so vilified?    Drug use and abuse is a slippery slope.  Most street drugs continue to have legal “big pharma” equivalents and can and are often prescribed to this day.  Big pharma handed the fentanyl crisis to the world on a silver platter. 

Fig. 1  Costs of substance use and harms in Canada, in billions of dollars

Social cost of substance abuse:

Fig. 2 (https://www.canada.ca/en/health-canada/services/publications/healthy-living/canadian-drugs-substances-strateg)

The four substances associated with the largest costs were (in order):

  • Alcohol: $19.7 billion or 40.1% of the total costs,
  • Tobacco: $11.2 billion or 22.7% of the total costs,
  • Opioids: $7.1 billion or 14.4% of the total costs and
  • Cocaine: $4.2 billion or 8.5% of the total costs.
Pie chart of all costs associated with substance use in Canada in 2020, including $22.4 billion in lost productivity, $13.4 billion in healthcare, $10.0 billion in criminal justice and $3.3 billion in other direct costs.

Roughly 30 billion dollars a year on Alcohol and Tobacco alone  

Fig. 3 All cost of drug use in dollars (Ibid)

The costs of substance use were also classified into four categories:

So on one hand if you have a medical degree, a Nurse Practitioner license or have qualified as a prescribing pharmacist you are a government certified drug dealer, Random thought –  If you then have more than one practice, or more than one pharmacy are you classified as a legal cartel? 

Until quite recently there was very little oversight on how and to whom you wrote the script to.  Anecdotally I would postulate that the largest source of street drugs are prescribed to patients and sold to dealers for rent money or groceries. The big problem with opioids comes in when the drugs are pooled and remixed for fun and profit in “independent private labs” outside the realm of the Federally mandated inspection agencies.  The same dedication to ensuring active ingredients are evenly distributed are not followed. 

Is continuing to take a jackbooted approach to drugs the right path to travel? What happens if recreational drugs of all flavours are dispensed by government certified drug dealers?  Produced in inspected labs and labelled, taxed and monitored like alcohol and tobacco?

Many of our laws are antiquated and need a rethink.  In jurisdictions where drugs are decriminalized, and de-stigmatized money formally spent on enforcement is funnelled into treatment, awareness , harm reduction and support.  Drug crimes do not increase, organised crime and health care costs are reduced because of  safe injection sites and safer cleaner drugs mitigate many crises.  

Using the figures above and adjusting for street drug decriminalization roughly 32 Billion dollars could be focused on diversion, harm reduction, and education programs.  

I know this will sound like I am contradicting my own arguement; but hang in there with me. From 1920 until the end of 1933 the US introduced prohibition.  They became, in theory a dry country.  Alcohol use had become such a problem abolitionists argued convincingly it was the only solution. Until the early 1900’s public health and safe drinking water were terms that never crossed the minds of legislators.  Community water sources including the water source for Washington D.C were slews, breeding grounds for a host of deadly and debilitating diseases, including typhoid, malaria and plague to name but a few. Alcohol was thought to be a cheap and safe alternative. Alcohol was also a cheap and effective preserving agent for sea going vessels. It kept crews, if not productive, at least compliant. 

In care facilities or institutions of confinement addiction was actually cultivated.  It made residents compliant. Cigarettes were most often used but alcohol was not out of the question.  Nurseries would recommend a bit of brandy for a fussy baby. Is it really any wonder alcohols became a problem so large the Federal Government felt the need to step in and address it? They chose to step in on the side of enforcement of ridged and punishing laws around drinking of any kind.

It was the rise in domestic violence, and work related injury that raised the specter of addiction as a public health concern. On the surface Prohibition was a success.  Rates of alcoholism are only now starting to approach pre-prohibition levels. However, the social and economic costs were devastating to the US economy.  Domestic violence increased, organized crime filled the void for those who still needed to acquire alcohol.   Organized crime brought a plethora of its diverse and unique issues such as a dramatic increase in gun crimes, extortion, gambling, human trafficking, et.al.   In fact it was organized crime that spawned the founding of the FBI.

The economy utterly collapsed as large manufacturers; not only of alcohol but bottle makers, printers, machinery manufacturers, distributions networks small business who were employers were shut down often overnight.  Thousands of jobs were lost.  Millions tax dollars lost and millions more spent on enforcement. in The social and health care systems were suddenly overwhelmed as no diversion measures were in place. Cut off from their legal source and supply, people turned to dangerous alternatives such as isopropanol, personal manufacturers and bootleg brew.  There was no economic or productivity gain.  Certainly over the decade rates of alcohol abuse decreased, and the systema found levels seen. A moral was won certainly.  It created a public and economic disaster. Enforcement costs skyrocketed and jails burst to overflowing.

Prohibition created an underground network and economy that continues to thrive by adapting quickly Then giving the people what they want; at outragously inflated prices.

When Marajuana was decriminalized and was allowed to be sold openly and legally crime rates did not spike in fact as seen in figure 4. They have decreased by nearly 40%.  

Figure 4 Crime statistics from 2018 – 2022 ( Source: Statistics Canada. Table 35-10-0177-01.)

20182022percent
actual incidents
Criminal Code violations (excluding traffic)2,043,3282,206,4547.98
Violent Criminal Code violations426,839531,24324.46
Property crimes1,241,0831,290,2153.96
Other Criminal Code violations375,406384,9962.55
Selected violations
Homicide65887432.83
Sexual assault (levels 1 to 3)28,55735,96525.94
Assault (levels 1 to 3)227,940276,28721.21
Breaking and entering160,329132,897-17.11
Motor vehicle theft86,192105,67322.60
Drugs84,92752,857-37.76
Impaired driving70,83270,588-0.34
Source: Statistics Canada. Table 35-10-0177-01.

Initially many were reluctant to support “big marajuana”.  They continued to rely on their independent supplier.  As people discovered the quality of “ big marajuana was superior and the price was nearly 50% less most smokers migrated to Big Pot. There remains a few independent suppliers offering service, however, their product is becoming increasingly dangerous as it in now often laced with fentanyl and other opioids in an attempt to keep loyal customers. 

By decriminalizing street drugs and having them produced and distributed by approved vendors the federal and provincial governments could potentially see  33 billion in cost savings, not to mention the potential for tax revenues.  We would be supporting developing nations to transition their illicit economies into part of their national revenue streams increasing their  GDP.  Which in turn would reduce their enforcement costs, potentially stabilise their governments, and make them less dependent on foreign aid.  Another cost savings for developed/ first world countries. A global problem becomes a global solution.

We have really nothing to lose.  We have had at least 2 centuries of prohibition and it has not served us.  The opioid crisis is real and was created by the medical establishment.  It’s time for  law enforcement to put its focus on the crimes that occur with more frequency, such as violent crimes and property crimes.  

Fundamentally drug use falls under the category of victimless crime. It is an individual making a choice for themselves that theoretically does not elicit the participation of another. No one is being forced to do something against their will. I know I know it affects families and children, so does alcohol and tobacco. Tobacco will involve more victims than drug use.  Yet they are legal.  Tobacco and alcohol are 65% of the total costs of the “drug crisis”  Yet they continue to be openly and legally distributed.  I argue it’s time for drugs, all drugs to move from an enforcement issue to a public health issue.  

Legalizing marajuana moved the needle in 4 years, what if we took the step and gave this preposterous notion a test drive? 

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Crime and Punishment Part II

Corrections

The “correction” system is less about rehabilitation and more about breaking the human spirit. If someone steps out of line all are punished. Sent to their “room” and locked up, losing privileges arbitrarily and most certainly without a true appreciation of what went into triggering that behavior. This is no longer high school; the consequences of that type of enforcement can be far more serious, and deadly. 

This type of control propagates despots and  engenders an atmosphere of fear, loathing, a fulminating atmosphere waiting to erupt. Inmates walk on eggshells, constantly on high alert.  Fearing not only their fellow residents, until the culture can be fully understood; but also waiting for the guards to pounce and flex their power.

There’s no hearing or appeal process. There’s no Arbiter. There’s no sober second thought into what might have occurred. You are judged and convicted as  guilty on the spot even if it were someone else’s misstep, but you were in the wrong place at the wrong time.  I’m not saying that all guards are vindictive or intentionally cruel but with no hearing to hear or find out or discover the entire story.  There is no recourse. You have no power. You are voiceless, you have no rights, you have no justice.  Guards are Gods; they have all the power and all the control. “Absolute power corrupts absolutely”1

This style of punishment has been the preferred style of control for most of human history.  “An eye for an eye”2 . Institutions in our country and in fact in most countries strip individuals who have broken the law of their humanity. It is  made very clear who is in control.  History has clearly shown that over time this kind of dehumanized behavior incubates the very behaviors it is trying to remediate. 

This Us Against Them mentality teaches no lessons, builds no bridges.  It is fuel for discrimination, justification for violence and misuse of power. In Health and Mental health research it is viewed as dangerously unhealthy behavior to be overcome3.  This polarized atmosphere becomes dangerous and creates an environment waiting for a spark to ignite a battle. It breeds unhealthy loyalties.  It is the psychology used to build loyal armies, political support, and loyal fans.  It does not create  cooperation, or insight into creating a better life. 

We have stripped these individuals of their rights, placed them under a microscope, given a small army the authority to give or take away privileges and invade their privacy and/ or person at any  time. We have told that army their service is noble. They are protecting the gentile from the savage.  The “savage” are then perceived and treated as such. We take away their rights, their freedoms and consign them to stables and treat them as animals to be broken, because they are the savage and all savages come from the same place all savages just need a strong hand. We then expect the imprisoned to have an epiphany and recognize the fork in the road and choose a different path. Yet we fail to offer a map it is supposed to be instinctual. 

We offer no opportunity to experience a different road, just methodical dehumanization, and a spirit crushing existence monitored and judged by a small army trained to believe they are a moral authority and the defenders of the righteous.  “Because to take away a man’s freedom of choice, even his freedom to make the wrong choice, is to manipulate him as though he were a puppet and not a person.” 4

In any other circumstance this type of epiphany would be referred to as “Stockholm Syndrome”5  

The rates of recidivism in Canada have remained consistent since 1955.  As has been the style of punishment. There have certainly been minor tweaks and changes made over the last century, loosening here and tightening there. There has not been no ground breaking jaw dropping changes to the “Us vs Them” polarizing philosophy of crime and punishment. 

  1.  Lord Acton – Speaking again the monarchy to Bishop Creighton in a letter 1888. ↩︎
  2.  Hammurabi’s Code, which was created by the Babylonian king Hammurabi between 1792–50 BCE. ↩︎
  3. https://www.psychologytoday.com/us/blog/finding-new-home/201908/the-psychology-us-vs-them?msockid=063cde8eed6c6c6b0739cdb2ecd46d86 ↩︎
  4.  Madeline L’Engle ↩︎
  5.  a coping mechanism to a captive or abusive situation. People develop positive feelings toward their captors or abusers over time. This condition applies to situations including child abuse, coach-athlete abuse, relationship abuse and sex trafficking. ↩︎

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Crime and Punishment – How many pieces of silver does it take to buy justice? -Definitely only part 1

This was going to be my little soapbox piece – it was originally titled reimagining crime and punishment, probably only part one. It has however turned form soapbox to platform; hence we have moved probably to definitely. I welcome considered opinions – and am open to comments. I will not publish attacks, polarized opinions without reasoned suggestions to move the needle in a positive way. I am a firm believer in if you can’t offer a suggestion for change you are part of the problem.

So without further ado part one the introduction to my treatice

What is justice? I remember a time when it seemed black and white, Right was right and wrong was wrong there were no gray areas. Mom was justice , the police were safe people, guardians of our safety and security. The church was our moral authority. The bible written in stone. Courts, judges and lawyers were wise men. Their judgement was beyond reproach. Defense attorneys were sober second thought fact checkers who ensured the whole story was told, and capable of protecting the wrongfully accused. The media gave us the facts. Just the facts. Oh to live in that rose coloured world where bad things only happened to other people. Justice was fair and punishment changed things.

As someone who has had a front row seat to most sides of the farce known as crime and punishment; what is achingly clear is- Justice is for sale to the highest bidder,or the person or corporation with the deepest pockets. It’s cheaper and softer if you are WASPM (White Anglo-Saxon Protestant Man). The wrongly accused or convicted never receive an apology as loud as the accusation, they remain not only tainted but significantly poorer for the fight, traumatized and deeply disillusioned. Reform and rehabilitation are other words code for the home of master classes in how to be bad better. They are Institutions of soul crushing, dehumanization. They strip the incarcerated of their pride, dignity and hope that they can ever be seen as anything but criminal.

Taking a hard and objective look at our system of law, enforcement and rehabilitation leaves one making some unfortunate and over used comparisons to militaristic regimes. Local law enforcement is dressed up and made spectacle to assure the general public they are there to protect the local citizenry. They issue traffic tickets, take the occasional report and are meant to be seen. They are the PR team. Generally they get top marks for being seen. When the rubber hits the road and it comes time to investigate, that is a task above the paygrade of a beat cop, who actually knows the community.

I have had a number of interactions with the legal system, I have never been in jail, I have been wrongfully accused. I have been privy to its ins and outs and manipulations as accused, victim, family, parent, girlfriend, employer, and friend. I know people who work in the system, I know people incarcerated. The system is not designed to help people find their way back

Less than 40% of crimes reported are actually solved the number drops to under 5% when it comes to property crimes our jails are full to overflowing with soldiers in criminal networks dealers, pimps, car thieves, petty thieves, indigenous people, minorities and new immigrants,  a handful of murderers and serial killers and of course the innocent.  Where are the heads of networks, the Puppet Masters of all the moving people? If our jails are full, why does the crime rate remain fairly steady? Why is the recidivism rate so high? Why are people with the same charges facing such different sentences?  Why do our prison populations not mirror our demographics? Why does having more melanin mean you are more likely to be in prison?

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