King Ryan S, Mauer Marc
The Sentencing Project, 514 10th Street, NW, Washington, DC 20004, USA.
Harm Reduct J. 2006 Feb 9;3:6. doi: 10.1186/1477-7517-3-6.
As the "war on drugs" enters the latter half of its third decade since being forged into the American lexicon by President Ronald Reagan, the public has grown more skeptical of the current strategy and has proven to be receptive to a broader consideration of alternatives to incarceration. This has been the case most notably with marijuana offenses, where the policy discussion has shifted in some localities to one of decriminalization or de-prioritizing law enforcement resources dedicated to pursuing possession offenses. Despite the increased profile surrounding marijuana policy in recent years, there remains a significant degree of misunderstanding regarding the current strategy, both in terms of how resources are being allocated and to what eventual gain.
Previous studies have analyzed drug offenses as a general category, but there has yet to be a single study that has focused specifically on marijuana offenders at all stages of the system. This report analyzes multiple sources of data for the period 1990-2002 from each of the critical points in the criminal justice system, from arrest through court processing and into the correctional system, to create an overall portrait of this country's strategy in dealing with marijuana use.
The study found that since 1990, the primary focus of the war on drugs has shifted to low-level marijuana offenses. During the study period, 82% of the increase in drug arrests nationally (450,000) was for marijuana offenses, and virtually all of that increase was in possession offenses. Of the nearly 700,000 arrests in 2002, 88% were for possession. Only 1 in 18 of these arrests results in a felony conviction, with the rest either being dismissed or adjudicated as a misdemeanor, meaning that a substantial amount of resources, roughly 4 billion dollars per year for marijuana alone, is being dedicated to minor offenses.
The results of this study suggest that law enforcement resources are not being effectively allocated to offenses which are most costly to society. The financial and personnel investment in marijuana offenses, at all points in the criminal justice system, diverts funds away from other crime types, thereby representing a questionable policy choice.
自罗纳德·里根总统将“毒品战争”引入美国词汇表以来,这场“战争”已进入第三个十年的后半段,公众对当前战略愈发持怀疑态度,并已表现出愿意更广泛地考虑监禁替代方案。在大麻犯罪方面尤其如此,在一些地方,政策讨论已转向将持有大麻犯罪非刑罪化或降低执法资源对其的优先投入。尽管近年来大麻政策受到更多关注,但对于当前战略,无论是在资源分配方式还是最终成效方面,仍存在很大程度的误解。
以往研究将毒品犯罪作为一个总体类别进行分析,但尚未有一项研究专门聚焦于司法系统各阶段的大麻犯罪者。本报告分析了1990年至2002年期间刑事司法系统各关键节点(从逮捕到法庭审理再到惩教系统)的多个数据源,以勾勒出美国应对大麻使用战略的全貌。
研究发现,自1990年以来,毒品战争的主要焦点已转向低级别大麻犯罪。在研究期间,全国毒品逮捕人数增加的82%(45万)是因大麻犯罪,而且几乎所有增加的都是持有犯罪。在2002年近70万起逮捕中,88%是因持有大麻。这些逮捕中只有十八分之一会导致重罪定罪,其余要么被驳回,要么被判定为轻罪,这意味着大量资源,仅大麻犯罪每年就约40亿美元,被用于轻微犯罪。
本研究结果表明,执法资源未有效分配到对社会成本最高的犯罪上。刑事司法系统各阶段对大麻犯罪的资金和人力投入,将资金从其他犯罪类型转移,因此是一个值得质疑的政策选择。