I've often said that if it were possible for me to accomplish just one thing in this area, I think that I would most like to make a difference to the whole problem of drug abuse in Dulwich Hill. That's not because I necessarily consider it to be a bigger problem than the gambling, materialism, or general godlessness I see around me, but I do consider myself to have a particular calling in this area. I do feel that if I could make a difference in this area, then my life and time here would have been worthwhile.
Back in September '98, I published an open letter that I sent to media people etc., outlining some of the keys problems I saw. Not a great deal has changed since then.
At that time I was trying to get involved in the 'Drug Summit' that was being held in Sydney, and I had the privilage of putting together some ideas with Mr Danny O'Connor, head of Central Sydney Area Health Services. Our proposal was along the lines of ammending the Health Act to allow juvenilles who were arrested on petty crimes and suspected of drug use to be forcibly drug-tested and, if they were found to have drugs in their system, forcibly detoxed.
This might sound rather rough to some people, but my experience is that our kids only get picked up for roughly one in every ten crimes they commit. If they are toying with drugs and petty crime, then they badly need to be pulled up on the first occasion that they are arrested. As it is, a juvenille will often need to face court half a dozen times before any serious action is taken, and not every arrest leads to a court appearance. The result is that by the time the court is ready to take these kids seriously (which probably just means sending them to gaol) they have probably committed more than 100 crimes and are likely to be hardened addicts!
No wonder so much of our government's budget on drugs goes into the rehabilitation of hardened addicts! What we need to have is a system that pulls the kid up after his first or second offense, verifies that the young one is playing around with drugs, gets the family involved, and pushes the kid through a detox programme.
I believe that many of our juvenilles do not need to have a full six-month rehabilitation programme. For those who are just dabbling, sticking them in a detox unit along with a room full of hardened addicts for a few days would probably be a soberig enough experience. As it is now, not only is no action taken towards juvenille drug users but, if the child is aged between 16 and 18, neither the Police nor the Juvenille Justice officers are allowed to even inform the family that their son or daughter has a drug problem - not without the child's permission!
As it was, we never did get to make an appearance at the drug summit. The political person who was getting us a spot on the show let us down completely (thanks for nothing, Nathan). I pushed the letter around to a few people who hold positions of responsibility within the church, but nothing much has come of that, as yet.
The letter did generate an article in the local paper. You can find that article in the 'Press Clippings' section, or you can click on the links on this page.
If anyone has any more suggestions on ways we can get things moving in this area, I'd be glad to hear them.
The Criminal Justice System
We have all heard, time and time again, about our United States constitution and the protections that it affords to us, particularly in the area of the criminal justice system. You may be surprised, however, to learn that our sentencing practices as far more aggravated than those issued over seas. The truth is that the "land of the free", puts more citizens in prison than its less humane counterparts.
First off, it is important to understand that rehabilitation has been off of the table for some time and punishment is the name of the game. Prison, fines and an endless array of other penalties exist primarily for the purpose of "pay back". The primary justification of the United States criminal process comes from the seeking of retribution. For those of us who defend, it is well understood that the victims of crime firmly believe that the perpetrators should suffer the most serious of consequences as a result. Retribution is at the heart of our formua which comprises criminal prison sentences.
Another intended purpose is that of simple deterrence. The belief is that the harsh punishment of criminal offenders will make others think twice before committing a similar crime. Capital punishment is designed to prevent specific criminal conduct and this is the argument most used for promoting its main stream acceptance. It is common knowledge that would be offenders are less concerned about penalty that the risk of detection and capture - even if the punishment is moderate - than they are by severe sentencing. The deterrence argument also applies to that offender: perhaps he will be less likely to re-offend now that he has experienced prison.
The third "stated" reason is incapacitation. This argument is most effective for habitual offenders and may be less relevant to one-time offenders. Incapacitating criminals by putting them in prison, where they cannot commit crimes that hurt society generally, is a favored reason for long prison sentences.
Another additional intended purpose that is routinely stated in various legal publications is that another goal is denunciation. When examining our history as a society, it is difficult to ascertain the acceptable meathods of punishing criminal acts. Traditionally, denunciation often occurred publicly and in a humiliating way. For instance, in the pre-Revolution American colonies, offenders were often punished by being put in the stocks in the middle of the town square. While suspects no longer face the stocks, the humiliation for a typically law-abiding citizen can be overwhelming.
When deciding on sentencing policy, legislators should always examine the ramifications of the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishments. That amendment has been construed, for instance, to prohibit execution for sex offenses, even against children.
In closing, as the times continue to change, so will our reasons for employing a particular form of criminal punishment. Unfortunately, the concept of true rehabilitation is not expected to re-enter the picture in our lifetime. For this reason, we may expect our jails and prisons to be higher learning facilities for career criminals thus increasing the amount of prison release reofender filings.
Both Dave Smith & William Moore are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Dave Smith has sinced written about articles on various topics from Social Issues, Travel and Leisure and Yoga Practice. Rev. David B. Smith (the 'Fighting Father') Parish priest, community worker,martial arts master, pro boxer, author, father of three.http://www.fatherdave.org. Dave Smith's top article generates over 201000 views. Bookmark Dave Smith to your Favourites.
William Moore has sinced written about articles on various topics from Home Management, Finances and Coffee Advantages. William Moore is a leading authority on Criminal Defense litigation. For information, please contact us at Broward Criminal Lawyer For DUI defense, please contact us at. William Moore's top article generates over 40500 views. Bookmark William Moore to your Favourites.
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