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Resolved: The abuse of illegal drugs ought to be treated as a matter of public health, not of criminal justice.
Legalization Affirmative
THESIS: For too long, the War On Drugs has ineffectively targeted supply-side approaches and canabalized billions in funding. Efforts at prevention were focused under the same war mentality that produced a stigma against all drug users. Most often, this stigma (together with poverty) discouraged drug users from seeking treatment. This Affirmative case argues that only by reversing the prohibition of drugs can we free up the necessary resources for a broad-based public health approach that emphasizes treatment. The use and abuse of drugs has touched most everyones lives in some way or another. In our frustration and fear, we tend to lashout at drug abusers as undesirable elements of society. To be sure, drug abuse is a devastating factoring in society todayone that destroys families, whole communities, and even destabilizes governments and national economies. However, if we just keep throwing everyone in jail, the problem continues to grow ever more out of control. Therefore, I stand Resolved: The abuse of illegal drugs ought to be treat as a matter of public health, not of criminal justice. I begin with a discussion of the two operative terms in this resolution: public health and criminal justice. Public health refers to many facets of society Australia's Health, 1996, public health, Appendix 4 Glossary, Accessed 10-12-2010, http://www.aihw.gov.au/ ublications/aus/ah96/ah96-x04.html One of the efforts organised by society to protect, promote, and restore the people's health. It is the combination of sciences, skills, and beliefs that are directed to the maintenance and improvement of the health of all the people through collective or social actions. The programs, services, and institutions involved emphasise the prevention of disease and the health needs of the population as a whole. Public health activities change with changing technology and social values, but the goals remain the same: to reduce the amount of disease, premature death, and diseaseproduced discomfort and disability in the population. Public health is thus a social institution, a discipline, and a practice. Criminal justice refers to all aspects of crime and subsequent punishment US Legal, 2010, Criminal Justice, http://definitions.uslegal.com/c/criminal-justice/, Accessed 10-12-2010, Criminal justice is a broad term covering topics such as the procedure by which criminal conduct is investigated, evidence gathered, arrests made, charges brought, defenses raised, trials conducted, sentences rendered and punishment carried out. Research studies issues such as examinations of adult and juvenile offender characteristics, sentencing trends, correctional facility overcrowding, justice system expenditures, treatment programs, minorities in the juvenile justice system, juvenile court cases, criminal history records, and much more. The important distinction in the resolution lies the choice between addressing drug addiction as a health issue that affects the entire community and nation, or as a criminal issue where we lock em up and throw away the key! As such, I will defend the social welfare as a value. WordIQ.com, 2010, Social welfare Definition, http://www.wordiq.com/definition/Social_welfare, Accessed 1012-2010 Social welfare can be taken to mean the welfare or well-being of a society. In economics, the utility of people considered in aggregate. For social welfare in the economic sense, see welfare economics and social welfare function. -the provision of a wide range of social services, for the benefit of individual citizens. This usage is closely related to the idea of the welfare state. Social welfare should be distinguished from welfare. In the United States, welfare is sometimes a synonym for the provision of financial aid in the form of social security. Social welfare may be associated with social work services. To determine what constitutes social welfare, I will employ simple utilitarianism, or the greatest good for the greatest number of people.
OBSERVATION ONE: THE PUBLIC HEALTH APPROACH A. PUBLIC HEALTH APPROACHES EMPHASIZE TREATMENT FOR THE GREATER GOOD Gez Bevan, University of Sunderland, Faculty of Applied Sciences, 16 December 2009, Problem drug use the public health imperative: what some of the literature says, Substance Abuse Policy, Accessed 10-9-2010, http://www.substanceabusepolicy.com/content/4/1/21 A public health approach to drug treatment emphasises the need for drug users in or accessing treatment, to reduce their harmful drug use, reduce drug use related risks such as sepsis and overdose and stay alive for longer. However a public health perspective in relation to problem drug use isn't always either apparent or readily understood and to that end there is still a significant need to continue the arguments and debate that treatment and interventions for problem and dependent drug users need to extend beyond an individualistic approach. For the purposes of discussion in this article public and population health will be used interchangeably. B. PUBLIC HEALTH APPROACHES REDUCE ADDICTION, CRIME AND RECIDIVISM Physicians and Lawyers for National Drug Policy, April 2008, Alcohol and Other Drug Problems: A Public Health and Public Safety Priority, http://www1.spa.american.edu/justice/documents/2434.pdf, Accessed 10-8-2010 Treatment decreases drug problems, crime, and recidivism while improving health conditions. Treatment also saves money, and in todays climate of growing fiscal constraints, it is imperative to re-evaluate spending priorities. Alcohol and other drug problems place a huge burden on our economyresulting in high health care costs, productivity losses, and other expenses associated with crime and accidents (Belenko et al., 2005). A large portion of this economic burden falls on state justice systems (Join Together, 2006). OBSERVATION TWO: THE CRIMINAL JUSTICE APPROACH A. A LAW ENFORCEMENT APPROACH WILL NEVER STOP THE DRUG PROBLEM Martha Mendoza, Staff Writer, May 14, 2010, In war on drugs, Obama refocuses as public health fight, USA Today, Accessed 10-9-2010, http://www.usatoday.com/news/health/2010-05-14-drugs-war_N.htm Harvard University economist Jeffrey Miron says the only sure thing taxpayers get for more spending on police and soldiers is more homicides. "Current policy is not having an effect of reducing drug use," Miron said, "but it's costing the public a fortune." From the beginning, lawmakers debated fiercely whether law enforcement no matter how well funded and well trained could ever defeat the drug problem. B. CRIMINAL JUSTICE APPROACHES UNDERMINE PUBLIC HEALTH POLICIES Alex Kreit, Assistant Professor and Director of the Center for Law and Social Justice at Thomas Jefferson School of Law, March 2009, Toward a Public Health Approach to Drug Policy, Accessed 10-9-2010, http://www.acslaw.org/files/Kreit%20Issue%20Brief.pdf By contrast, public health policies, such as drug treatment and prevention measures, have played a secondary role in our drug strategy. This has led, for example, to a dramatic gap in drug treatment with the Substance Abuse and Mental Health Services Administration estimating that in 2007 only 17.8% of persons who needed drug treatment received it, a number that has remained largely unchanged throughout the decade. Indeed, drug war advocates have actually opposed some state-level treatment initiatives particularly those that offer treatment as an alternative to incarceration or remove certain classes of drug offenders from the criminal justice system on the grounds that they would send a soft on drugs message.
OBSERVATION THREE: LEGALIZATION IS A PUBLIC HEALTH ALTERNATIVE A. LEGALIZATION TREATS ADDICTION AS A PUBLIC HEALTH CONCERN, INSTEAD OF PAINTING PEOPLE AS IMMORAL CRIMINALS Johann Hari, Staff Writer, June 13, 2010, How Can America's 'War on Drugs' Succeed When Prohibition Laws Failed?, The Independent/UK, Accessed 10-11-2010, http://www.commondreams.org/view/2010/06/13-6 Ending drug prohibition seems like a huge heave, just as ending alcohol prohibition did. But when it is gone, when the drug gangs are a bankrupted memory, when drug addicts are treated not as immoral criminals but as ill people needing healthcare, who will grieve? American history is pocked by utopian movements that prefer glib wishthinking over a hard scrutiny of reality, but they always crest and crash in the end. There will always be millions of people who want to get drunk or stoned or high. The only question is whether their needs are met to by mafias and militias, or by legal and regulated businesses. Okrent's dazzling history leaves us with one whisky-sharp insight above all others. The War on Alcohol and the War on Drugs failed because they were, beneath all the blather, a war on human nature. B. THE SOONER WE LEGALIZE DRUGS, THE SOONER WE CAN OVERCOME ADDICTION Mark Thornton, Senior Fellow at the Ludwig von Mises Institute and Tibor R. Machan, a research fellow at the Hoover Institution and professor emeritus of philosophy at Auburn University, April 1991, The Re-legalization of Drugs, The Freeman, 41:4, http://www.thefreemanonline.org/columns/the-re-legalization-of-drugs/#, Accessed 1010-2010 Legalization has been labeled immoral by prohibitionists, but nothing could be further from the truth. Reliance on individual initiative and responsibility is no sin. It is not only the key to success in the battle against drug abuse, it is also a reaffirmation of traditional American values. How can someone make a moral choice when one is in fact forced into a particular course of action? How is the fabric of society strengthened when we rely on guns and prisons to enforce behavior rather than letting behavior be determined by individual responsibility and family upbringing? The sooner we move toward re-legalization, the sooner we can begin the process of healing the scars of prohibition, solving the problems of drug abuse, and curing this nations addiction to drug laws. C. STUDIES PROVE, LEGALIZING DRUGS WILL NOT LEAD TO A MASSIVE INCREASE IN USE Johann Hari, Staff Writer, June 13, 2010, How Can America's 'War on Drugs' Succeed When Prohibition Laws Failed?, The Independent/UK, Accessed 10-11-2010, http://www.commondreams.org/view/2010/06/13-6 Many people understandably worry that legalization would cause a huge rise in drug use - but the facts suggest this isn't the case. Portugal decriminalized the personal possession of all drugs in 2001, and - as a study by Glenn Greenwald for the American Enterprise Institute found - it had almost no effect at all. Indeed, drug use fell a little among the young. Similarly, Okrent says the end of alcohol prohibition "made it harder, not easier, to get a drink... Now there were closing hours and age limits and Sunday blue laws, as well as a collection of geographic prosecriptions that kept bars or package stories distant from schools, churches and hospitals." People didn't drink much more. The only change was that they didn't have to turn to armed criminal gangs for it, and they didn't end up swigging poison. D. REPEALING DRUG PROHIBITION REDUCES CRIME AND ALLOW LAW ENFORCEMENT TO FOCUS ON TERRORISM AND VIOLENT CRIME The CATO Institute, 2009, The War on Drugs, Chapter 33, CATO Handbook for Policymakers, 7th Ed., Accessed 10-10-2010, http://www.cato.org/pubs/handbook/hb111/hb111-33.pdf Repeal of prohibition would take the astronomical profits out of the drug business and destroy the drug kingpins who terrorize parts of our cities. It would reduce crime even more dramatically than did the repeal of alcohol prohibition. Not only would there be less crime; reform would also free federal agents to concentrate on terrorism and espionage and free local police agents to concentrate on robbery, burglary, and violent crime. The war on drugs has lasted longer than Prohibition, longer than the Vietnam War. But there is no light at the end of this tunnel. Prohibition has failed, again, and should be repealed, again.
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West Coast Publishing November / December 2010 LD Drugs Sample Negative Case
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THESIS: While the resolution posits that public held should be the choice, this case argues that there needs not be a choice. In fact, both public health and criminal justice approaches are necessary in the fight against illegal drugs. The resolution posits a choice in addressing the abuse of illegal drugs: take a public health approach or a criminal justice approach. To affirm the resolution means supporting a public health approach at the exclusion of criminal justice issues. However, these approaches are not incompatible. Therefore, I must Negate the resolution and the Affirmative. In terms of values and criterion, I will advocate social welfare in terms of the greatest good for the greatest number of people. OBSERVATION ONE: WHAT IT MEANS TO NEGATE THIS RESOLUTION Some might naturally assume that to negate the resolution is to necessarily take the opposite view. Of course, the complexity of the issues at hand deny an either/or strategy. The resolution oversimplifies the drug abuse phenomena into something that can only be treated as a matter of public health, NOT criminal justice. I wont go into an unnecessary definition war over the word not, but it clearly indicates one as opposed to another. However, a criminal justice approach is not incompatible with measures of public health National Institute on Drug Abuse, 2009, National Institutes of Health, U.S. Department of Health and Human Services, Principles of Drug Addiction Treatment: A Research Based Guide, Accessed 10-7-2010, http://www.nida.nih.gov/PDF/PODAT/PODAT.pdf The criminal justice system refers drug offenders into treatment through a variety of mechanisms, such as diverting nonviolent offenders to treatment; stipulating treatment as a condition of incarceration, probation, or pretrial release; and convening specialized courts, or drug courts, that handle drug offense cases. These courts mandate and arrange for treatment as an alternative to incarceration, actively monitor progress in treatment, and arrange for other services for drug-involved offenders. The job of the Negative is to persuade the judge that public health approaches should not be valued above criminal justice. Claims of sitting on the fence are both untrue and destructive. Advocating a combination approach where we see drug addiction BOTH as a matter of public health and criminal justice directly rejects and says not to the resolution. Moreover, the forced choice presented by the resolution replicates the fallacious logic of the Bush Administration in justifying war against Iraq because of 9/11. Youre either with us or against us. Those consequences are now obvious. Although the Affirmative will likely make arguments about how the social welfare is accessed through a public health approach and how bad a strict criminal justice approach might be, all of this assumes a false choice embedded in the resolution I negate. This debate is about which position best affirms the general social welfare. Your choice is between solely focusing on drug addiction as a public health concern, or as BOTH a matter of public health and criminal justice.
West Coast Publishing November / December 2010 LD Drugs Sample Negative Case
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OBSERVATION TWO: A COMBINATION OF PUBLIC HEALTH AND CRIMINAL JUSTICE APPROACHES IS NECESSARY A. PUBLIC HEALTH APPROACHES ALONE SUBSTANTIALLY WORSEN THE DRUG PROBLEM Robert L. DuPont, M.D., President, Institute for Behavior and Health, Inc. and the first Director, National Institute on Drug Abuse (NIDA) 1973 to 1978, March 24, 2009, Whats Wrong with Legalizing Illegal Drugs?, http://www.ibhinc.org/pdfs/WhatsWrongwithLegalizingIllegalDrugs32409.pdf, Accessed 10-10-2010 The great danger in todays drug policy debate is not that the world will legalize all of the currently illegal drugs as The Economist encourages. It is that the determined and well-financed efforts to remove restrictive drug policies will sideline the important policy role of the criminal justice system, and that governments will provide drugs as well as drug-using paraphernalia to drug users. Such harm reduction policies, which to its credit The Economist dismisses, are the real drug policy threat because they substantially worsen the drug problems of the world by increasing illegal drug use. B. OBAMAS NEW DRUG CONTROL STRATEGY EMBODIES THE OPTIMAL COMBINATION Doug Brunk, Staff Writer, June 15, 2010, Updated Drug Control Strategy Includes Variety of Approaches, Internal Medicine News, 43:11, pp. 1-2. Released last month by the Office of National Drug Control Policy (ONDCP), the strategy also sets goals for reducing by 15% drug-induced deaths and drug-related morbidity, and reducing by 10% the prevalence of drugged driving among all Americans. The focus on prevention would include screening and early intervention, treatment and recovery, and law enforcement, which would address the trafficking and production of illicit drugs and the related cycle of crime, delinquency, and imprisonment. Dr. Robert L. DuPont, a psychiatrist who was the first director of the National Institute on Drug Abuse, said the strategy "improves the links between treatment and the criminal justice system. It is more focused on the primary goal of reducing the demand for drugs than were previous administrations' strategies. Teaming law enforcement with treatment makes both work better." C. RESEARCH PROVES THE COMBINATION OF CRIMINAL JUSTICE AND TREATMENT WORKS BEST National Institute on Drug Abuse, 2009, National Institutes of Health, U.S. Department of Health and Human Services, Principles of Drug Addiction Treatment: A Research Based Guide, Accessed 10-7-2010, http://www.nida.nih.gov/PDF/PODAT/PODAT.pdf Research has shown that combining criminal justice sanctions with drug treatment can be effective in decreasing drug abuse and related crime. Individuals under legal coercion tend to stay in treatment longer and do as well as or better than those not under legal pressure. Often, drug abusers come into contact with the criminal justice system earlier than other health or social systems, presenting opportunities for intervention and treatment prior to, during, after, or in lieu of incarcerationwhich may ultimately interrupt and shorten a career of drug use. D. THE CRIMINAL JUSTICE SYSTEM CAN PROVIDE THE TOOLS NECESSARY TO INTEGRATE AN PUBLIC HEALTH APPROACH Benjamin Tucker, Deputy Director for State, Local, and Tribal Affairs, Office of National Drug Control Policy, July 22, 2010, Testimony before the House Oversight and Government Reform Subcommittee on Domestic Policy Hearing; "Quitting Hard Habits: Efforts to Expand and Improve Alternatives to Incarceration for Drug-Involved Offenders" Congressional Documents and Publications, Accessed 10-14-2010, Lexis Nexis. The criminal justice system plays a vital role in reducing the costs and consequences of drug crimes, not just by incarcerating serious offenders who threaten the safety of the community, but also by providing a powerful incentive to address drug use before it escalates into a costly, and life threatening addiction. It is critical for drug-involved probationers and parolees to succeed and, in turn, break the cycle of recidivism. In order for probationers and parolees to be successful under community supervision, treatment needs to be of high-quality and readily accessible within the community. That is why, in FY 2011, the Budget proposal for the Department of Justice includes $10 million for prosecution-led drug treatment alternatives to incarceration.
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West Coast Publishing November / December 2010 LD Drugs THERE ARE MANY ALTERNATIVE CRIMINAL JUSTICE MEASURES
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1. BACK ON TRACK IS AN EXAMPLE OF ALTERNATIVE CRIMINAL JUSTICE APPROACHES James Burch Acting Director, Bureau of Justice Assistance Office of Justice Programs, July 22, 2010, Statement Before the Committee on House Oversight and Government Reform Subcommittee on Domestic Policy, Alternatives to Incarceration, CQ Congressional Testimony, Accessed 10-14-2010, Lexis Nexis. One such program, Back on Track, in San Francisco is a problem- solving court aimed at reducing recidivism among low-level drug- trafficking defendants. Back on Track combines strict accountability with real opportunities for self-improvement. Participants must find employment, enroll in school full time, and comply with all the terms of an individualized Personal Responsibility Plan (PRP). Over a two-year period, Back on Track has reduced recidivism among its graduates to less than 10 percent. 2. HOPE CAN REDUCE DRUG USE THROUGH THE TERMS OF PROBATION Angela Hawken, Associate Professor, Pepperdine University School of Public Policy, July 22, 2010, Testimony before the House Oversight and Government Reform Subcommittee on Domestic Policy Hearing, Quitting Hard Habits: Efforts to Expand and Improve Alternatives to Incarceration for Drug-Involved Offenders Congressional Documents and Publications, Accessed 10-14-2010, Lexis Nexis. HOPE has been subjected to two evaluations, including a randomized controlled trial of high-risk primarily methamphetamine-using probationers. These evaluations were conducted with support from the National Institute of Justice and the Smith Richardson Foundation. Evaluation findings from both studies show that HOPE probationers have lower drug use, and fewer no-shows for probation appointments, new arrests, probation revocations, and days incarcerated, compared with probationers assigned to probation-as-usual. 3. DIVERSION PROGRAMS PROVIDE TREATMENT AND SHOULD BE EXPANDED Harold A. Pollack, Professor University of Chicago School of Social Service Administration, July 22, 2010, Statement Before the Committee on House Oversight and Government Reform Subcommittee on Domestic Policy, CQ Congressional Testimony, July 22, 2010, Alternatives to Incarceration, Accessed 10-15-2010, Lexis Nexis. Drug courts and related diversion programs provide better help and monitoring for individual offenders. They do not-and probably cannot, as currently configuredmarkedly reduce the U.S. prison population. An array of diversion programs have been fielded based on two well-documented premises: (a) Treatment can significantly reduce drug use, and (b) Reduced drug use produces marked reductions in crime. Interventions built on these two premises encourage or coerce drug-involved offenders into treatment. A large research literature shows that these interventions indeed reduce drug use and associated criminal activity and are highly cost-effective. Expanding and improving these programs deserves high policy priority. 4. PROBATION AND PAROLE WITH TREATMENT REDUCES USE Angela Hawken, Associate Professor, Pepperdine University School of Public Policy, July 22, 2010, Testimony before the House Oversight and Government Reform Subcommittee on Domestic Policy Hearing, Quitting Hard Habits: Efforts to Expand and Improve Alternatives to Incarceration for Drug-Involved Offenders Congressional Documents and Publications, Accessed 10-14-2010, Lexis Nexis. Probation and parole supervision are intended to serve as an alternative to incarceration: In lieu of a prison term, an offender promises to comply with a set of conditions, and an officer is assigned to monitor enforcement, with authority to report violations to the court or Parole Board for possible sanctions. This avoids the cost of incarceration (and the damage it can inflict on the offender's chances of successfully integrating into law-abiding society) and promises rehabilitative benefits from requiring the offender to live lawfully in his or her home community.