NCJ Number
55280
Date Published
1978
Length
21 pages
Annotation
EVIDENCE PERTAINING TO THE DETERRENT EFFECT OF LEGAL SANCTIONS AND LAW ENFORCEMENT ACTIVITIES UPON ILLICIT DRUG DISTRIBUTION AND USE IS PRESENTED.
Abstract
THREE LEVELS OF ANALYSIS ARE INVOLVED IN DISCUSSING DETERRENCE FROM DRUG OFFENSES: THE EFFECTS OF CERTAINTY AND SEVERITY OF PUNISHMENT ON THE DISTRIBUTION OF DRUGS, THE EXTENT TO WHICH THOSE WHO HAVE USED DRUGS WILL REFRAIN FROM FURTHER USE BECAUSE OF LEGAL THREATS, AND THE PREVENTIVE EFFECTS OF LEGAL THREATS AMONG THOSE WHO HAVE NEVER USED DRUGS. DATA INDICATIVE OF THE LEVEL OF DRUG LAW ENFORCEMENT ACTIVITY ARE REVIEWED, TOGETHER WITH EMPIRICAL FINDINGS ON THE DETERRENT EFFECTS OF DRUG LAWS AND LAW ENFORCEMENT ON DRUG DISTRIBUTION AND USE. DATA FROM A 1971 SURVEY OF 2,611 ADULTS IN 3 CITIES ARE ANALYZED TO EXPLORE FACTORS INFLUENCING THE DECISION NOT TO SMOKE MARIHUANA. THE ANALYSIS FOCUSES ON THOSE RESPONDENTS WHO EITHER NEVER USED MARIHUANA OR STOPPED USING MARIHUANA BECAUSE THEY DID NOT WANT TO BREAK THE LAW OR BECAUSE THEY WERE AFRAID OF BEING ARRESTED OR GOING TO JAIL. PERCEIVED SEVERITY, PERCEIVED CERTAINTY, AND OBJECTIVE SEVERITY OF PUNISHMENT, TOGETHER WITH CONTEXTUAL VARIABLES (AGE, SEX, EDUCATION, ETC.), ARE EXAMINED AS DETERMINANTS OF PERCEIVED LEGAL THREAT. THIS ANALYSIS AND OTHER FINDINGS INDICATE THAT LEGAL THREATS DETER FEW DRUG USERS. GENERALLY LESS THAN ONE-THIRD OF THE ADULT POPULATION CONSIDERS LEGAL SANCTIONS AS A DETERRENT TO DRUG USE. DETERRENCE APPEARS TO BE MORE A FUNCTION OF MORAL CONVICTION AND FAMILY PRESSURE THAN OF LAWS. NEW YORK STATE'S EXPERIENCE WITH ITS SEVERE PENALTIES FOR DRUG TRAFFICKING INDICATES THAT HARSH PENALTIES WILL NOT REDUCE THE SALE AND DISTRIBUTION OF DRUGS IN THE LONG RUN, AS LONG AS SUCH ACTIVITIES BRING SUBSTANTIAL MONETARY GAIN. POLICY IMPLICATIONS OF THE EMPIRICAL EVIDENCE ON DETERRENCE FROM DRUG OFFENSES ARE CONSIDERED. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (LKM)