¶ … Criminal Justice Policy Practice Determine Morality
Higher Than Utilitarianism
The passing and reformation of the Anti-Drug Abuse Act, also known as the so-called "crack law," is one of the most controversial pieces of legislation to be considered within the criminal justice system and its policy during the past two years. There are several aspects of this legal mandate that present a plethora of interesting situations and questions in regards to the morality of this particular issue, which has been at the forefront of mass media outlets ever since there were significant amendments passed to it in 2010. Interestingly enough, a fair amount of those changes may be attributed to the notion of morality revolving around this legal code, which was largely responsible for the rapid and prolonged imprisonment of minorities -- particularly African-Americans and Latino offenders. One of the most efficacious means of determining whether such a law may be deemed moral or ethical would be to measure it against the classical theory of morality known as utilitarianism, which was propagated by a number of noted philosophers such as John Stuart Mill, Jeremy Bentham, and David Hume. Careful examination of the legal, social, and ethical repercussions of the Anti-Drug Abuse Act may be considered within the framework of utilitarianism thought to properly gauge whether this particular piece of legislation is actually one that can rightfully be considered moral.
However, it should be noted that the dubious nature of the morality of the crack law may be questioned due to the fact that it was significantly altered in 2010 to mitigate the sentences of the numerous inmates and criminal offenders who have been regularly incarcerated due to its enactment and enforcement. A brief historical observation of the origin of this legislation traces back to its 1986 origin, a time in which crack cocaine -- which is made from heating up the powdered form of the narcotic and which solidifies through the addition of bacon soda into a sallow, yellowish looking crystal -- was highly prevalent within urban areas, and was alleged to be the cause of numerous malfeasances in society such as theft, violence, and the engendering of cocaine addicted infants. Therefore, criminal justice policy makers decided to target the rapid use and trafficking of this narcotic by implementing legislation that widely pertained to the issue of sentencing for the illicit possession of this drug. Legislators passed a law that ordained that the sentencing for crack cocaine would be disseminated at a rate that was excessively more severe than that for the powdered form of cocaine, and which translated to a ratio of 100 to 1.
For the numerous amounts of African-American and Latino citizens who may have trafficked, used, or sold the substance, the effect of the crack law would be nothing short of disastrous for their livelihoods -- and a considerable boon for the prison system. As little as five grams of crack would earn an offender a minimum of five years in prison. Meanwhile, it would take 500 grams of powdered cocaine to earn an offender that same five years in prison. Most devastating of all was the fact that an offender with two prior drug-related felony convictions would be sentenced to life in prison if he was found in possession of a minimum of 50 grams of crack. Frequently, those incarcerated for crack cocaine would be given few opportunities for substance assistance departures (Hartley et al. 382). A number of sources considered such legislation, which claimed to be prompted by the fact that crack was conducive to violence and widely prone to be more addictive than the powdered form of cocaine, largely discriminatory in nature since it imprisoned several minority offenders for considerably longer sentences than for those who were apprehended with significantly more powdered cocaine.
Yet in 2010, the Fair Sentencing Act was passed to widely reduce the disparity in the sentencing between traditional cocaine and that of crack. The ratio of the sentences was mitigated from 100 to 1 to 18 to 1, while certain aspects of the previous legislature were discontinued -- such as the mandatory life imprisonment for those convicted of a third felony in which they were is possession of more than 50 grams of crack. Just as important as this 2010 amendment to this law was the amendment made in 2011 in which the law was enacted and effected retroactively. Therefore, convicts who had been sentenced prior to the Fair Sentencing Act are now eligible to get reductions in their sentences.
There are several facets of Utilitarianism...
In some ways, the prevalence of crime related to selling and using crack cocaine may be due to the effects which the user experiences. For instance, heavy users become alienated from their friends and families and tend to be isolated and suspicious of everything and everyone, a form of drug-induced paranoia. Most of their time is spent thinking about ways to obtain more and more of the drug which may
Henderson notes that "minimal violence is involved with crack cocaine cases -- far less than half of the crack cocaine cases involved a weapon, while most actual violence is associated with the drug trade and not the drug itself." With this knowledge that there is no scientific difference in the dangerousness of the two drugs and that violence is not necessarily associated more with crack cocaine, it becomes clear
Drug Related Issues in Miami Gardens Miami Gardens is a location where there are large numbers of minorities and immigrants. This is the location just north of Miami and it composes of a number of different neighborhoods. The most notable include: Andover, Bunche Park, Carol City, Lake Lucerne, Norwood, Opa Locka North and Scott Lake. In general, the community is facing drug related challenges from its close proximity to Central and
The judge must choose a sentence from within the guideline range unless the court identifies an aggravating or mitigating circumstance that was not adequately considered by the Sentencing Commission. In mandatory minimum drug cases, judges can depart only upon motion from the government stating that a defendant has provided substantial assistance in the investigation or prosecution of another person. All guideline drug sentences are indirectly affected by the mandatory minimums.
A. Supporting details (Give citation) Crack is a powerful central nervous system stimulant that can increase risk for cardiovascular incidents, strokes, and other deadly effects (National Institute on Drug Abuse 2009). B. Supporting details (Give citation) Addicts may even use crack cocaine while pregnant, severely harming their children. "Fetal cocaine effects include premature separation of the placenta, spontaneous abortion, premature labor, low birthweight and head circumference at birth, greater chance of visual impairment,
There is no valuable sustenance in crack or cocaine, and is used mainly as a recreational drug by many. This, in some ways, leaves the inner cities and crime and moves to the wealthier middle and upper middle classes who use the cocaine and not the crack version for recreation. This is the society of Jay McInerney's seminal 1980s fictional tale of New York 20-something lives, "Bright Lights, Big
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now