Preview
Preview

Essay about Criminal Law and The War on Drugs

:: 4 Works Cited
Length: 1715 words (4.9 double-spaced pages)
Rating: Blue      
Open Document
Need writing help? Check your paper »



- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Criminal Law and The War on Drugs


     "These records of wars, intrigues, factions, and revolutions, are so many collections of experiments, by which the politician or moral philosopher fixes the principles of his science, in the same manner as the physician or natural philosopher becomes acquainted with the nature of plants, minerals, and other external objects, by the experiments which he forms concerning them." (David Hume.)2

 

"Our long armed and hairy ancestors had no idea of redress beyond vengeance, or of justice beyond mere individual reprisal."3

 

To determine what constitutes criminal law, is, as one learned judge has opined, "a work of art, it is something that may be easier to recognize than define ..."4 I shall venture to say, that, when a person commits a crime that person commits a breach of faith with the community in which that person lives. In such an event the community, as a collective whole, in a self protective act, will assert itself against the criminal.5 Criminal law is a method of enabling men to live together in a community in spite of the possibility that their desires may conflict. Historically, punishment has been the manner by which the community attempts to deter crime;6 and, generally, the criminal offense has been, throughout history, gauged and matched to a suitable punishment. As to what individual acts the community has considered to be a crime and as to what punishment it has meted out, makes for an interesting historical study, which I do not now have the time to carry out.7

 

Of course, it is no longer the sovereign who defines crime, that is now the function of our democratically elected assemblies. However, such an assembly cannot make an act into a crime, ...


... middle of paper ...


...(1632-1704).

[6] Blackstone defines "a crime, or misdemeanor, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it"; and John Austin (1790-1859): "An offence which is pursued at the discretion of the injured party or his representative is a civil injury. An offence which is pursued by the Sovereign or by the subordinates of the Sovereign is a Crime."

[7] Such a study would begin with Sir Edward Coke's work, Institutes of the laws of England (1628-44) and certainly include a review of Sir James Stephen's seminal work, History of the Criminal Law (1883).

[8] Rand J., The Margarine Reference, [1949] S.C.R. 1,49-50.

[9] Rand J., Goodyear Tire and Rubber at p. 311.

[10] Justice Major, para. 196.

[11] The Economic Anatomy of a Drug War by David W. Rasmussen and Bruce L. Benson

 

 

 

 


Click the button above to view the complete essay, speech, term paper, or research paper

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »







This essay is 100% guaranteed.


Title Length Color Rating  
The American Constitution and Drug War Essay - The consensus with regards to drug laws favors more stringent and draconian laws, with the attempt to stifle use and punish crime. There are many claims used against drug legalization, such as, moral degradation, crime, the destruction of inner cities; along with families, diseases, such as AIDS, and the corrupting of law enforcement. When one examines the effects of prohibition, one has to inquire: has the cost been worth it. Certainly, an argument for the abolition of prohibition doesn’t include the favoring of drug use, but merely recognizes the vain and utopian attempt to control individual choices....   [tags: American Government, Law, drugs, criminal justice] 2065 words
(5.9 pages)
Strong Essays [preview]
How Successful Is The War On Drugs? Essay - The war on drugs has maintained an accumulation of prohibitions on illegal drugs and mandatory minimum sentencing strategies for drug offenders. Incarceration rates have also increased due to the increase of laws against illegal drugs. In Eugene Jarecki’s film, The House I Live In, Jarecki states that the penalties for crack users were harsher than penalties for regular cocaine users. This suggests that penalties are more of a double standard theory. The “War on Drugs” is more of a failure that places restrictions and prohibitions on drug offenders and has not necessarily shown a sense of equal stability; thus, leading to faulty sentences, misinterpretations of the real purpose of this initi...   [tags: Illegal Drugs, War on Drugs]
:: 2 Works Cited
995 words
(2.8 pages)
Better Essays [preview]
The War on Drugs Essay - Despite an estimated $1 trillion spent by the United States on the “War on Drugs”, statistics from the US Department of Justice (2010) has confirmed that the usage of drugs has not changed over the past 10 years. Approximately $350 billion is spent per year on the “war on drugs”, only $7 billion is spent on prevention programs by the federal government. The war on drugs is more heavily focused on how to fight crime, instead of how to prevent it. Crime prevention methods may not be immediate, but it is the most efficient and effective long-term....   [tags: Drugs, argumentative, persuasive]
:: 9 Works Cited
1522 words
(4.3 pages)
Strong Essays [preview]
The War On Drugs Essay - The “War on Drugs” is the name given to the battle of prohibition that the United States has been fighting for over forty years. And it has been America’s longest war. The “war” was officially declared by President Richard Nixon in the 1970’s due to the abuse of illegitimate drugs. Nixon claimed it as “public enemy number one” and enacted laws to fight the importation of narcotics. The United States’ War on Drugs began in response to cocaine trafficking in the late 1980’s. As the war continues to go on, winning it hardly seems feasible....   [tags: Drugs, argumentative, persuasive] 581 words
(1.7 pages)
Good Essays [preview]
America's War on Drugs Essay - Throughout history, Americans have fought many enemies that threaten the safety of our great Nation and provided aid and resources to our partnering countries in their time of despair. However, the consequences were substantial, countless brave men and women lost their lives defending the freedom of Americans. Today American’s fight a different kind of war; it is a war without a clear enemy or end in sight. Today, America fights a War on Drugs. In the early 1970s, the War on Drugs was still relatively new and drug smuggling continued, going virtually unimpeded through the U.S....   [tags: Illicit Drugs]
:: 7 Works Cited
1823 words
(5.2 pages)
Good Essays [preview]
Why All Drugs Should Be Legalized Essay - Abraham Lincoln once said: “Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded.”(Lincoln) When most people think of prohibition, they think of the 18th amendment of the constitution; the alcohol ban in the 1920’s....   [tags: legalization, prohibition, law, war on drugs]
:: 3 Works Cited
1460 words
(4.2 pages)
Powerful Essays [preview]
Essay on History of the War on Drugs - ... This treaty would allow the U.S to extradite the cartel traffickers for a trial in the U.S. This caused Pablo to attack the government and this ultimately caused the Medellin cartel’s downfall. In the early 1990’s the cartel’s leaders were apprehended and the leader Pablo Escobar was killed in a firefight after having to run for his life. (PBS2). The Cali Cartel was an established in 1972 and prospered until 1992. After the downfall of the Medellin Cartel the Cali Cartel quickly filled their shoes becoming the most powerful cartel....   [tags: America's need for drugs]
:: 10 Works Cited
915 words
(2.6 pages)
Strong Essays [preview]
Essay about America's War on Drugs - The Prison Industrial Complex - ... However, inmates with children are perhaps the most affected by the pains of imprisonment as the separation and loss of contact to these children effect both the parents, children and all loved ones close by. According to a study done by Joseph Murray (2005) titled, The effects of imprisonment on families and children of prisoners, "imprisonment of a partner can be emotionally devastating and practically debilitating", causing a "loss of income, social isolation, difficulties of maintaining contact, deterioration in relationships, and extra burdens of childcare can compound a sense of loss and hopelessness for prisoners’ partners (para 7)”....   [tags: criminal justice system, drugs, crime]
:: 4 Works Cited
905 words
(2.6 pages)
Strong Essays [preview]
Essay on The War on Drugs - The war on drugs began in the United States in 1971 when President Richard Nixon declared war. President Nixon increased the number of federal drug control agencies, increased mandatory sentences for drug offenders, and utilized no-knock warrants in attempt to get the problem under control. It has been over forty years since President Nixon declared a war on drugs. Did America win the war on drugs. Is it time to legalize illicit drugs in this country. What are other countries doing in reference to drugs....   [tags: United States, Richard Nixon, war]
:: 6 Works Cited
1571 words
(4.5 pages)
Term Papers [preview]
Criminal Profiling Essay - Criminal profiling is one of few first things to think of when it comes to forensic psychology. Criminal profiling is featured in popular television shows such as in Law and Order and CSI. Often in those shows, the police officers were able to catch the criminals based on the criminal profile that forensic psychologists came up with. In a theory, the polices rely on criminal profiling to catch criminals, educate the public about a possible criminal, and confirm the witnesses’ accounts. Criminal profiling involves using various methods to guess a criminal’s background, behavior, and even preferences for the victims....   [tags: Criminal Justice]
:: 14 Works Cited
1257 words
(3.6 pages)
Strong Essays [preview]