Peter Augustine Hagan (R4601098) DD301 Crime and Justice: TMA 01

Q. The consumption and control of legal and illegal opiates has clear global Dimensions. Discuss.

Peter Augustine Hagan (R4601098) DD301 Crime and Justice: TMA 01

Introduction Produced from the sap of the poppy plant, opium and its derivatives (opiods) have been used to control pain by different cultures for many thousands of years. Additionally, the recreational property of opiods has resulted in opium becoming a valuable commodity throughout the millennia. Accordingly, opiods have developed both legal and illegal global markets and can be used as a vehicle to study and interpret what constitutes crime and resultantly justice. Crime has traditionally been viewed as; interpersonal violence or violation of property, However, through studying these markets it can be seen that crime has a more complex meaning, defined by the inequalities in power among stakeholders in both the local and global arenas which has resulted in violence, both individual and state sponsored(in the form of war) and both personal and social harms becoming inherent within the opium trade.
(The Open University, 2009(a))

It is necessary to distinguish what constitutes legal and illegal drug use. Illegal usage has changed throughout history and illegality can be viewed as societys attempts to isolate and control behaviours that are out-with social norms. (Portenoy, The Open University, 2009 (b)) Through these definitions, individuals and specific communities and ethnic groups throughout history have been the focus for scrutiny and treatment by justice systems whereas many corporations and governments have remained unaccountable for their actions In the 18th century, British merchants began importing, into China, opium from its colonies in India. Due to the unacceptable levels of addictions, the Chinese Emperor banned this import of opium. The British government argued that this was against the principles of free trade and due to its more powerful military might, sent its navy to force the Chinese into accepting opium imports and to open its ports to British merchants. (The Open University, 2009(b)). This use of violence continued to cause harm to the Chinese nation in order to protect Britains economy. Centuries later the British government, under Tony Blair, used the Chinese emperors argument i.e. the damage caused to British society, to justify military action in Afghanistan and to bring about the destruction of Afghanistan opium crops. In both instances the British government was responsible for violently harming another nation yet was not held legally or morally accountable, with its actions being seen as in the nations interest rather than as being possibly criminal in intent and action. ( The Open University, 2009(b)). The link between drugs and war appears regularly throughout global history and this connection was used in the early 1970s by the government of America to instigate a campaign against groups that posed a threat to the administration. In 1971 President Richard Nixon declared a nationwide war on drugs within the USA. The illusion of a just war allowed Nixons government crack to down on anti-establishment groups such as;

Campaigners against the Vietnam war Civil Rights activists e.g. the Black Panther Movement (Cole, The Open University, 2009(c)).

One consequence of this war on drugs was the creation of an environment that bred deeper and more violent criminal behaviours regarding the use and supply of illegal drugs. (Simon,
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Peter Augustine Hagan (R4601098) DD301 Crime and Justice: TMA 01

The Open University, 2009,(c)). A further consequence was that crimes involving drugs were now associated, predominantly with anti-social, urban and low income groups as opposed to the wealthier more influential classes, thus it created different tiers of treatment of these classes regarding drug use (Open University, 2009 (c)). In the USA and around the world black people were, and remain, disproportionally represented in the jails. (Small, The Open University, 2009(c)).These communities suffered due to large numbers of young people being brought up with absent parents, higher levels of social deprivation and crimes, thereby, sustaining the environments in which the illegal drug trade can thrive. In examining how the illegal activities of these communities are treated within the criminal justice system it can be seen that these communities are treated less favourable than more powerful corporations and governments who also break or manipulate the law. By comparing legal and illegal drug production and distribution by multinational corporations and drug cartels it illustrates that the processes are similar in a number of ways: they both want to sell their product; increase professionalism in product manufacture and marketing they both want repeat customers; they both have hierarchical structures e.g. a pyramid structure with the majority of the wealth gained by a few individuals at the apex of the pyramid but the majority of risk of violence and convictions being shared along the base group i.e. the street dealers (The Open University, 2009(b)) Where there is a marked difference is in how the illegal and legal stakeholders are treated by the international justice system. (Open University, 2009(b)) In 2007 the multi-billion dollar pharmaceutical company Purdue Pharma was fined $600 million after being found guilty of misleading consumers into believe that their product, OxyContin, was less addictive than other similar available opioids. This deception resulted in an increase in addictions of and also several deaths of OxyContin users. Contrary to what happens with less powerful groups and individuals no one received a custodial sentence. As a result of The Prescription Drug User Fee Act of 1992 the Food and Drug Administration has been funded in part by the pharmaceutical industry, thereby allowing its independence to be questioned. It can be seen here that not only are large powerful corporations apparently immune to justice but also that through legislation they are often responsible for regulating themselves thereby avoiding being held fully accountable for their actions and increasing the likely hood of corruption taking place within the industry. This again highlights how corruption can influence outcomes in the global drugs markets. (The Open University, 2009(b)) Similarly, how some countries have traditionally used their influence to harm less powerful can be seen in the way large multinational companies, who synthesise opiods, as well as the governments of countries who produce opiods (such as India and Turkey) contributed to the destruction of the Afghanistan opium crops. By not allowing the Afghanistan opium to be incorporated into the global market, due to fears it would force the market price of opium down lowering profits, it forced the local farmers to deal in the illegal markets thus justifying the crops destruction.(Callahan, The Open University, 2009(c)). Through the violent confrontations that followed this action harmed local farmers not only through the physical violent conflict but also by depriving them of their only viable source of income. How the now illegalised Afghanistan opium finds its way onto the global markets and how this trade affects
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Peter Augustine Hagan (R4601098) DD301 Crime and Justice: TMA 01

countries at the local level can be seen by examining the experience of the Asian country of Tajikistan. Tajikistan is a country lying to the north of Afghanistan. Due to the isolated nature of the borders between the two countries it has become the gateway to the rest of Asia and subsequently Europe. It is estimated that Tajikistan authorities seize more illegal shipments than all the other Asian counties together. (Jacobsen, The Open University ,2009(c)). By examining Tajikistans experiences with regards illegal drug use and distribution, it can be seen that globalisation through trade and cultural exchange can affect both legal and illegal drug use. Due to high levels of unemployment and poverty since the collapse of the Soviet Union, drug trafficking has been seen as a profitable alternative means of earning money. Tajikistans involvement in international illegal drug trafficking has through the spill-over effect resulted in increased use in drugs within the country itself and that it has also changed the manner in which drugs have been consumed. Traditional use of opium has been replaced by increased levels of stronger drugs such as heroin. (Khidirov , The Open University,2009(a)) Tajikistan is also useful in understanding that illegal trafficking in drugs in a large scale industry that is facilitated by bribery and corruption at all levels of society and particular within governments and law enforcement agencies such as the state controlled border guards and their commanding officers. (The Open University,2009(b)) Conclusion Through the study of both legal and illegal opiate markets it has been possible to expand the general view on crime as being the result of imbalances in power within society that could through associated violence harm and destroy societies. Harm and violence aspects of crime were seen throughout the essay from the Anglo-Chinese Opium Wars to the destruction of communities in the USA, Tajikistan and Afghanistan. In the 21st century we are living in a world of global trade and cultural exchange. It has been shown that where trade opens markets the illegal drug trade soon follows. As a consequence crime must also be viewed more readily as a global entity. By studying the experience of Tajikistan following Soviet withdrawal the essay was able to show the global impact of both legal and illegal drug use and therefore display that crime has a global dimension as well as the more routinely understood perception of crime as individualised and localised. (1489 Words)

References
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Peter Augustine Hagan (R4601098) DD301 Crime and Justice: TMA 01 The Open University (2009a) Use, culture and addiction in Opium: Cultures, Wars and Markets, Milton Keynes, The Open University [DVD]. The Open University (2009b) Production and distribution in Opium: Cultures, Wars, Markets, Milton Keynes, The Open University [DVD]. The Open University (2009c) Control and regulation in Opium: Cultures, Wars, Markets, Milton Keynes, The Open University [DVD]. The Open University (2009d) Reflections in Opium: Cultures, Wars, Markets, Milton Keynes, The Open University [DVD].