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War on Drugs - or the Constitution?

NCJ Number
122676
Journal
Trial Volume: 26 Issue: 4 Dated: (April 1990) Pages: 24-25,27-28,30
Author(s)
N R Sonnett
Date Published
1990
Length
5 pages
Annotation
Policy decisions made by the three branches of government as they fight the war on drugs are threatening the guarantees promised by the Bill of Rights.
Abstract
Supreme Court decisions reflect "drug exceptions" to constitutional and civil rights. The executive branch has tried to stop drugs through intensive law enforcement efforts, creating a whole new generation of criminals whose cases have overwhelmed the judicial system. Get tough policies have filled our prisons with low-level criminals and first-time offenders, and the Congress continues to pass appropriations bills funding these policies. Instead of incarceration, federal anti-drug policies should focus on treatment, rehabilitation, and education programs. Changing the get tough policies will be difficult, however, because citizens are tired of the violence associated with drugs, and they are in a punitive mood and willing to compromise constitutional guarantees. The recommendations of the Dash Report, written by the American Bar Association's Special Committee on Criminal Justice in a Free Society, are discussed in detail.