Transcript recent findings from the FIDUCIA project in the field of drug legislation

FIDUCIA
New European Crimes
and Trust-based Policy
OVERCRIMINALIZATION AND PRISON OVERCROWDING:
RECENT FINDINGS FROM THE FIDUCIA PROJECT
IN THE FIELD OF DRUG LEGISLATION
Elena Vaccari – University of Parma (Italy)
The FIDUCIA Project
1 Feb 2012 –
31 Jan 2015
overall
budget: 2.7
Million €
UNIPR
• CEPS (BE)
• CSD (BG)
• EPLO (GR)
• HEUNI (FIN)
• BIRKBECK (UK)
• LSE (UK)
• MPICC (DE)
• IPS (HU)
• TEISE (LT)
• OXFORD (UK)
• ASI (TK)
• USAL (SP)
What is
FIDUCIA
The PURPOSE of the project is twofold.
On the one side, FIDUCIA aims at shedding light on a number of distinctively
"new European" criminal behaviors that have emerged in the last decade as a
consequence of developments in technology and the increased mobility of
populations across Europe. Then, FIDUCIA will propose a "trust-based"
policy model in relation to emerging forms of criminality.
On the other side, FIDUCIA has the objective of making policy proposal to
address the general problem of "overcriminalization", i.e. the increased use
of the criminal law to regulate social conduct without adequate justifications.
•Overcriminalization
•Prison Overcrowding
In search for possible solutions in line with public attitudes…
OVERCRIMINALIZATION & PRISON OVERCROWDING
"Criminalization", i.e. the resort to criminal law as a means to regulate social problems,
is an increasingly significant feature of European states. Both 1) the number of criminal
offences and 2) the areas touched by the criminal law have expanded significantly since the
beginning of the 21st century, primarily as a result of the new "preventive" (as opposed to the
traditional "post-crime") orientation of the criminal justice system (see e.g. Prof A. Ashworth)
This is part of a broader phenomenon that criminal law scholars define
"overcriminalization". This term indicates the use of the criminal justice system without
adequate justifications (harm + culpability) and it relates to both the enactment of new
criminal offences and the use of excessive punishment.
Overcriminalization has resulted in an increase in the number of inmates across Europe, with a
severe impact on prison "overcrowding" (e.g. Torreggiani v. Italy, ECtHR 2013).
What kind of criminal justice policies could have
an impact on the problem of overcriminalization &
prison overcrowding, without loss in security and
trust in justice?
D.10 of the FIDUCIA project
The case of CANNABIS USE
Why drug legislation
(and cannabis use in particular)?
1) Criminalization of
drug use diverges
from the paradigm:
harm + culpability
2) A high % of
inmates are
incarcerated because
of drug offences
 overcriminalization
 prison overcrowding
Public
Opinion
Law
EMCDDA: cannabis use
Cannabis is by far the most widespread drug: 80.5 million vs 15.5 million
(cocaine) 13 million (amphetamines) 11.5 million (ecstasy) – “lifetime use”
Cannabis use increased during the 1990s-2000s and is now stable
Largely concentrated among young people (15-34)
Comparison with US, Canada & Australia: “last year use” 12.4% EU vs 24.5% US
Significant minority consumes the substance intensively: 1%
Recent social surveys investigating public attitudes on drug regulation - USA
Drug policy options
CRIMINALIZATION
France, Hungary, Greece,
Finland, Norway,
Sweden, Lithuania
DEPENALIZATION
Slovenia, France,
Germany
DECRIMINALIZATION
Italy, Spain, Portugal, the
Czech Republic, Estonia,
Latvia, Croatia,
Luxembourg, Belgium
LEGALIZATION
DECRIMINALIZATION OF DRUG USE
ITALY
PORTUGAL
ITALY
statute 685/1975:
possession of a
"limited amount"
of "any illegal
drug” - not
punishable
1990 statute:
harsher admin.
sanctions,
possibility of
custodial
measures for
users
1993
referendum:
abolished the
provision of
custodial
measures
2006 reform:
cannabis was
upgraded to
Schedule I (6-20
y)
Evaluating the effects of the 2006 reform
• Increase in anti-drug police operations
• Despite drug seizures generally stable,
increase in cannabis seizures (x2)
• Increase in drug law offences,
particularly for cannabis
• Increase in the yearly imprisonment rate
for production, dealing and possession
of drugs above the threshold: 1/3
• Increase in the proportion of drug
addicts in prison: 1/4
• Steady increase in the application of
administrative sanctions for personal
use and dramatic drop in the use of
therapeutic programs (programmi
terapeutici) by sanctioned users
• Decrease in the use of therapeutic
programs (affidamento in prova) as
alternatives to imprisonment
• Upward trends in prevalence use
confirmed for all indicators
PORTUGAL
Law 30/ 2000
removed criminal
sanctions for
personal use and
possession of all
illegal drugs
Framework of an
increasing
emphasis on
treatment and
harm reduction
principles
Merely
administrative
offences for "the
quantity required
for an average
individual
consumption for
10 days"
Commissions for
the Dissuasion
of Drug
Addiction
(CDTs) are in
charge of
sanctioning drug
users
Evaluating the effects of the 2001 reform
• No major increase in drug use
• Reduced burden of drug offenders
on the criminal justice system:
decrease in the number of people
arrested for drug related offences and
no major increase in the number of
people detected for administrative
offences
• Decrease in the number of drugrelated offenders in prison and in
prison overcrowding
• Increases in the amounts of drugs
seized by the authorities, particularly
those destined for external markets
• Reduction in opiate-related deaths
and infectious diseases
• Increased uptake of drug treatment
Decriminalization measures alone, and particularly when
part of a global repressive strategy, are NOT effective
lack of impact on drug use
increase in drug-related offenders
in prison and prison overcrowding
significant drop in the use of
therapeutic programs by drug users
Decriminalization measures coupled with effective
social measures are effective in addressing drug use
do not inevitably lead to rises in use
can significantly reduce the burden
upon the criminal justice system
social and health benefits for users
THANK YOU