When it comes to illicit drugs and how our society should best deal with its impact, Ken Crispin is one man to whom it is worth listening.

Crispin has been practicing law since 1972, but more relevantly, he was the Director of Public Prosecutions in the ACT from 1991 to 1994 and a judge in that jurisdiction until 2007. So this is why Crispin has made a bit of a splash over the past week by arguing that the US lead ‘War on Drugs’ which was debated and passed by Congress forty years this month, is failing our community.
Crispin, in his recently published book The Quest for Justice, has dared to say what many Australian judges and magistrates think privately to be the case. That treating illicit drug use as a criminal justice problem has not worked and will never work.
This is because, as Crispin told the ABC’s 7.30 Report on May 27:
Drug usage has exploded during the war on drugs. To quote one British figure ‘the number of heroin users over about 30 years increased from 2000 to 300,000.’ The prevalence of drugs has exploded to the point that the prices have fallen so cocaine, in real terms, now costs about a sixth of what it did at the start of the war on drugs. Heroin costs about a tenth of what it did on the start of the war on drugs.
Crispin’s views were endorsed last week in Seattle when John Coughenour a judge with 29 years experience and who was appointed by the conservative Ronald Reagan, also took aim at the failure of the drugs prohibition strategy.
According to a report in the Seattle Post Intelligencer on June 2 Coughenour opined that he has seen the “so-called war on drugs” drive a near-constant rise in drug crime sentence lengths in his 29 years on the bench. “We decided through our representatives to get real tough in this so-called war on drugs. I don’t think we’ve won the war with these harsh sentences,” Coughenour told the court.
Crispin and Coughenour are not the first judges to observe the folly of treating drug usage as a criminal justice, rather than health issue.
Don Stewart, the first Chair of the National Crime Authority and the man who uncovered Terry Clark’s Mr. Asia drug ring in Australia, said on February 24 2007 that he had “slowly come around to the point where I believe the handling of it in a criminal way is never going to work. Punitive measures will not work. We can’t go on the way we are.”
Coughenour, Crispin and Stewart’s observations are also borne out by a recent Associated Press investigation in the US which found that since Richard Nixon signed into law in October 1970 a drug prohibition statute a staggering $1 trillion of taxpayers’ money has spent on programs and combating drug related violence.
Most of this money has been wasted, concludes AP in its May 13 story, and it cites some prominent examples.
The US has spent “$20 billion to fight the drug gangs in their home countries. In Colombia, for example, the United States spent more than $6 billion, while coca cultivation increased and trafficking moved to Mexico — and the violence along with it,” says AP.
And $33 billion spent on ‘Just say No’ marketing campaigns in high schools has seen drug overdoes rise since the 1970s to more than 20,000 a year. This year, says AP, despite $49 billion being spent on law enforcement efforts, 25 million Americans will use illicit drugs this year, up from 10 million in 1970.
Here in Australia we spend around $5 billion a year on preventing drug importation, manufacture and usage and yet our courts deal with more drug related crime now than at any time over the past forty years.
Around seventy percent of juvenile offenders report using drugs or alcohol, or both, in the commission of a crime – a staggeringly high figure that one can see played out daily in court rooms right across Australia.
The Australian Crime Commission’s latest data on illicit drugs, for the 2007-08 years, shows that demand for cocaine and amphetamine type stimulants is on the rise, cannabis is steady, and only heroin is flat lining.
The Herald Sun reported on May 22 that Victoria was in the middle of a cocaine boom.
All of these statistics are testament to a failed policy in this country which has poured billions of dollars into law enforcement and imprisonment over the past forty years, and yet which has failed to quell demand for illicit drugs, or cut into drug importation or domestic manufacturing operations.
Yet our politicians persist with telling us that drugs can never be decriminalized and treated as a health problem. Go figure!
Update 8.40am: The Australian Crime Commission’s latest data on illicit drugs, for the 2008-09 years, released on June 8, reveals “more than 13 tonnes of illicit drugs was seized; almost 84,000 illicit drug arrests were made; amphetamine-type stimulant drug arrests more than doubled over the past decade from 8083 in 1999-00 to 16 452 in 2008-09 and a record 449 clandestine laboratories were detected - triple the number at the start of the decade.”
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