Cjus P200 - the State Legislature Is Considering a Proposal to Decriminalize All Drug Possession and Use offenses

P200 Sample Essay Exam

The state legislature is considering a proposal to decriminalize all drug possession and use offenses.

Proponents argue that drug use is a personal choice and that drug use is best controlled by providing the public with information about the negative effects of drug use. They also cite the disparity in controlling drugs, noting that many prescription drugs (and alcohol) are just as harmful, if not more so, than many illegal drugs, yet they do not receive equal attention in the criminal justice system.

Proponents believe that drug cases tie up the criminal justice system, thus creating hardships on offenders waiting, often times in jail, to appear before the court. They also argue that prisons are overcrowded with drug offenders . Consequently, prisons are expensive and results in enormous financial burden on taxpayers with very little evidence of either general or specific deterrent affects.

The exception to this policy is that any sale or transaction of drugs that results in violence would result in a sentence enhancement of ½ the length of the term for the violent offense. This enhancement would be added to the sentence for the violent offense and all offenders would be required to complete the entire sentence.

Please discuss this policy proposal with respect to the Classical and Positive Schools. First identify which school would most likely support this proposal. What assumptions are made, both for and against the proposal, regarding the nature of human behavior, the nature of society, the role of law and the criminal justice system and the purpose of punishment? What are the specific principles, both for and against, that apply to this proposal? Please write legibly, and in complete sentences. Organize your response in a systematic and clear fashion.