NCJ Number
64205
Journal
Journal of Drug Issues Volume: 9 Issue: 4 Dated: (FALL 1979) Pages: 491-498
Date Published
1979
Length
8 pages
Annotation
WHILE THE AMERICAN CRIMINAL JUSTICE SYSTEM IS CERTAINLY HARSHER ON DRUG USERS THAN THE BRITISH, BOTH APPEAR TO SINGLE OUT THE SELLER FOR HARSHEST TREATMENT; SENTENCING DISPARITY, HOWEVER, IS GREATER IN BRITAIN.
Abstract
THE BRITISH TREAT NARCOTIC ADDICTION AS A DISEASE, WHILE A MORE PUNITIVE APPROACH IS CHARACTERISTIC OF THE UNITED STATES. FREQUENTLY OVERLOOKED IS THE FACT THAT POSSESSION AND SALE OF NARCOTICS OUTSIDE OF RECOGNIZED TREATMENT PROGRAMS REMAIN SERIOUS CRIMES IN GREAT BRITIAN. BRITISH SENTENCING DATA, HOWEVER, INDICATE THAT BRITISH JUDGES ARE MUCH MORE LENIENT THAN AMERICAN JUDGES WHEN CONFRONTED WITH SIMILIAR ILLICIT NARCOTIC ACTIVITY. WHERE SIMPLE POSSESSION OF NARCOTICS IS CHARGED, CUSTODIAL SENTENCES ARE IMPOSED WITH 63 PERCENT GREATER FREQUENCY IN THE UNITED STATES. WHERE SALE OF NARCOTICS IS CHARGED, CUSTODIAL SENTENCES ARE 28 PERCENT MORE FREQUENT IN THE UNITED STATES. NONETHELESS, BRITISH JUDGES CLEARLY CONTINUE TO REGARD ILLICIT SALE OF NARCOTICS AS A SERIOUS OFFENSE, SENTENCING MORE THAN ONE-HALF OF SUCH OFFENDERS TO CUSTODIAL SENTENCES; LESS THAN ONE-THIRD OF BRITISH SUBJECTS CHARGED WITH SIMPLE POSSESSION RECEIVE CUSTODIAL SENTENCES. THIS SUGGESTS THAT A LESS PUNITIVE APPROACH TO ILLICIT USERS IS NOT INCONSISTENT WITH STRICT ENFORCEMENT OF CRIMINAL SANCTIONS AGAINST ILLICIT TRAFFICKERS. IN MOST OTHER RESPECTS, THE SENTENCING PATTERNS OF BRITISH AND AMERICAN JUDGES ARE REMARKABLY SIMILAR. IN BOTH SYSTEMS, SHORT CUSTODIAL SENTENCES OF 1 YEAR OR LESS ARE FAVORED, AND FEMALES AND YOUNG OFFENDERS ARE TREATED MORE LENIENTLY. SENTENCING DISPARITY IS MORE PRONOUNCED IN GREAT BRITAIN. NOTES AND REFERENCES ARE APPENDED. (AUTHOR ABSTRACT MODIFIED--MJW)