The participation of the government in policy making within the criminal justice system, traces to elected officials in government. At the federal, state, and local levels, leaders align their manifestos to creating policies aimed at improving the criminal justice system. The relationship between government agencies and the various elements of the justice system are essential for the smooth functioning of any country, (Isimaili, 2015). One such policy that shifted dynamics in the criminal justice system is the National Control Strategy in 2010 spearheaded by President Obama’s administration, (Office of National Drug Control, 2012). The paper aims to analyze the policy and its effect on the criminal justice system.
Drug policies in the United States characteristically consist of conflict between two perspectives that are demand and supply, (Telefus, 2015). To control demand, there is strict enforcement characterized by criminalization as opposed to a public health approach that focuses on rehabilitation. With increased criminalization, there are limitations in the operations of prison systems following the availability of few resources to help in rehabilitation and incarceration of criminals. Telefus (2015) explains that the drug problem should be an issue addressed from a dual perspective, one of them being the criminal justice approach while the other being the public health one. In the initial phases of the policy, there was slow integration of new strategies to trigger changes in the system. For example, budget allocation to rehabilitation efforts as opposed to incarceration. An interesting element about the policy is that it would take effect to control the drug trade from a regional and international capacity. Part of it advocated for the need for co-operation among international institutes to develop sustainable ways of managing the drug trade.
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There are numerous arguments arguing that the policy was lenient in its stance against the drug trade. The central aim of the policy as Trace (2012), explains was not to undermine the effect of the trade on criminal activity, but to change the negative perception attached to criminalization of drug use. The main attraction on war against drugs is that they make the government appear tough on its stance against drugs. There is already a negative image associated with drug related crime such as gang violence, murder, and other crimes. Such crimes based on their intensity and the preceding harm they cause to other members of the community are punishable through incarceration. It is through such arguments that a thin line between government policy and the workings of the criminal justice system are in question. It is in other crimes such as possession that need evaluation. In a sense, the policy advocates for reduction of penalties associated with the use and possession of certain drugs. However, arguments posit that the reduction of penalties would increase drug use.
The policy does not encourage the decriminalization of drugs. As Trace (2012), highlights, enforcement based policies do not reduce the scale of the drug problem. They simply contain the risk of increasing drug markets and use. To an extent, the policy influenced change in the domestic drug budget, which caters for the demand aspect of drug control. This follows that the policy attempted to mobilize resources towards rehabilitation, prevention, and treatment strategies. According to Trace (2012), the associated changes triggered ripple effects in the criminal justice system from policing to law courts.
Introduction of the policy was not in favor of advancing political motives with it centering on science and research to support the country’s drug control strategies. The central premise of the policy revolved around prevention of drug related crimes. In prevention, the Obama Administration requested for 1.7 billion dollars towards the support of educational and prevention programs that help individuals reduce drug use. Implementation of the policy favored the growth of the public health system. This follows that there was an increase in substance abuse screening, early intervention, and treatment. There was also development and implementation of the Prescription Drug Abuse Prevention Action Plan That advocates for education for drug prescribers, and drug monitoring programs. The policy in this sense set the stage for the development of other policies to support enforcement of the war against drugs. For example, the administration passed the fair sentencing act, which was an attempt to reduce the harsh treatment criminals with drug related crimes faced. The move was unwelcome, with making disagreeing with it arguing that it lessens the strong stance against drug abuse and advocating for tolerance of addictive behavior. The apparent disconnect in treating drug abuse as a mental health problem centers on the relationship between crime and drug abuse. This introduces Gary Becker in outlining the theory of deterrence. According to the theory, criminal sanctions are society’s way of promoting justice, with the main aim of public policy being to discourage criminal behavior.
Obama’s policy takes on a conflict management approach following the intersection of a criminal justice and public health approach. It centered on shifting the focus from drug related crimes being a criminal issue to an underlying mental one. The policy introduced significant changes by increasing awareness on drug abuse as a crippling social phenomenon in the United States. As such, more efforts shifted towards rehabilitation as opposed to incarceration. With the policy equally presenting changes to the public health systems, stakeholders had to establish new ways of fighting the war against drugs.
References
Isimaili, Karim. (2015). U.S. Criminal Justice Policy . New York: Jones and Barlett Publishers.
Office of National Drug Control Policy. (2012). Advancing a New Approach to Drug Policy: Key Accomplishments. Web. Retrieved from https://www.ncjrs.gov/pdffiles1/ondcp/newapproach.pdf on 20th Sep 2017.
Telefus, B. Z.(2015). A Paradigm Shift in the War on Drugs? Obama's Drug Policy in Perspective. Print.
Trace, Mike. (2012). Drug Policy: Lessons Learnt and Options from the Future. Global Commission on Drug Policy. Print.
