Criminal Law
Thesis Statement: Drug offense carry more severe penalties compared to murder charges due to the rising number of drug-related offenses each year and serve as a measure to deter the use of prohibited drugs.
At present, the Anti-Drug Abuse Act of 1988 has imposed the death penalty for all drug-related killings or murder which involves the use of drugs. Aside from this, the bill which has amended Sec. 848 of Title 21 United States Code (USC) Controlled Substances Act has imposed death penalty or life imprisonment for some of the drug offenses that cover possession of 10 kilograms and above of substances including heroin, cocaine, phencyclidine or analogue (U.S. Department of Justice Drug Enforcement Administration Office of Diversion Control). In addition, pursuant to the Foreign Narcotics Kingpin Designation Act, or otherwise known as the “Kingpin Act”, which was signed into law by then President Bill Clinton on December 3, 1999, stated that death penalty shall be imposed for convicted major drug dealers who will be caught in possession of large quantities of prohibited drugs that weights over 66 pounds of heroin or 330 pounds of cocaine (Longmire, 2009). This law has expressly mentioned that any person who shall be caught and is involved in providing material assistance, financial or technological support to be able to provide goods or services in aid of persons engaged in international narcotics trafficking activities; the owner, person acting for the owner or directed by the owner in accordance to the Kingpin Act; and shall play a vital role in international narcotics trafficking will be charged of death penalty if caught in possession with the prescribed quantity under the law. This means that these federal laws have imposed the severe penalty of death involving drug-related offenses. However, there are some state laws which have considered murder to be the only crime which is equivalent to capital offense.
The crime of murder falls under the category of violent crimes caused on other people to suffer harm and death (Miller and Jentz, 2010). The crime of murder is punishable by the death penalty and or sometime imprisonment, depending on the attendant circumstances of the crime. The victim of crime can sue the offender for both criminal and civil liabilities. Since these crimes are considered offenses against the community, they are prosecuted by the public official and not by the victims.
Given the rising figures of drug-related cases recorded each year, the federal prison system has decided to impose stricter penalties for drug-related cases and imposed the penalty of death. The government focused on obliterating the use of prohibited drugs by imposing death penalty as a deterrent for the crime. Drug-related cases are not only committed by adults, but by the youth offenders as well. Thus, the court has deemed it fit to create drug courts to handle drug related offenses. The rationale in the creation of drug courts is to settle the substance-abuse problems of qualified drug-involved offenders. Drug courts aim to achieve short-term goals of treatment engagement, treatment attendance and drug test that are preparatory in the achievement of long-term goal of abstinence (Seiter, 2011). The inmates should be taught how to develop law-abiding behavior in the community. The fast-rising number of drug courts can be attributed to the number of drug-related cases committed throughout the country. These drug courts shall cater not only to adults, but also to youth offenders involved in substance abuse problems. The modern-day courts recognize the rights of juvenile delinquents to initiate diversion programs for the protection of their well-being (Seiter, 2011). These diversion programs are intended to fix the problem on drug addiction and recidivism of youth engaged in juvenile crimes.
Another reason why drug charges carry longer sentence is that it will take longer time to rehabilitate offenders. It is for this reason that the current drug laws have imposed longer sentence for drug-related cases compared to murder cases. Aside from this, drug charges deal with programs that are aimed to provide rehabilitative treatment and facility to offenders, both young and old alike. Drug addiction takes will take more time to rehabilitate the users.
It bears stressing that the creation of drug courts aims to provide services especially to the youth offenders who have been committed by the juvenile courts. These are the youth offenders who were tried as adults and were ordered to return and serve sentence in the juvenile system. According to Seiter (2011), the rationale in the creation of juvenile drug courts is to settle the substance-abuse problems of qualified drug-involved offenders. Unlike murder cases, they are being tried in the regular courts where other criminal offenses are being tried. On the other hand, the drug courts aim to achieve short-term goals of treatment engagement, treatment attendance and drug test that are preparatory in the achievement of long-term goal of abstinence (Seiter, 2011). It is for this reason that longer sentence are imposed upon the inmates should be taught how to develop law-abiding behavior in the community. The fast-rising number of drug courts can be attributed to the number of drug-related cases committed throughout the country. These drug courts shall cater not only to adults, but also to youth offenders involved in substance abuse problems. The modern-day courts recognize the rights of juvenile delinquents to initiate diversion programs for the protection of their well-being (Seiter, 2011).
Unlike for those offenders who have been charged of murder, such as those who have been classified as serial killers may be suffering from mental illness and may be admitted in mental institutions to give them treatment for promotion of mental health. Based on the study of Castle and Hensley (2002, p. 435) it has been proven that serial homicide starts in its infancy. The motivation of one of the indicators of criminal behavior is mental illness of a person. Records have shown that the motivation and causation that influences a person to become a serial killer includes biological, sociological and psychological factors (Castle and Hensley, 2002, p. 453). Thus, it can be concluded that biological factors including the genetic make-up of a person has the tendency to stimulate a person to become a criminal. Haggerty (2209, p. 169) stated that aside from these biological factors, the personality, environment, traumatic experiences and lack of human socialization can contribute to the development of a deviant behavior of serial killers.
Based on the study of Haggerty (2009), it has been revealed that 28% of serial killers had been treated for mental illness. This will show an apparent contradiction on the basis of the findings of the FBI that showed 69% of their offenders had some form of psychopathology. This shows that some of the serial killers have been long been suffering from mental illness that they have to be committed to mental health institutions. This is a sharp contrast with the drug offenders, whereby there was never a single study which will show that they are suffering from mental illness. It is the circumstances surrounding the drug dependent that caused him or her to engage in prohibited substances. One of the logical explanations that trigger the development of criminal behavior can be associated to the biosocial aspect in the life of the killer which consists of the brain and genetics acquired during birth. There are two theoretical perspectives that are considered to be the foundation of modern criminology the classical theory and the positivist theory (Lilly, Ball & Cullen, 2011, p. 9). The classical theory under the criminal law considers the possibility that a criminal can be reformed. It adheres to the concept that every person must be given a fair treatment to deter criminals from breaking the law. This theory supports the view that the purpose of imposing penalty is for retribution of the criminal. This is in consonance to the modern theory of rational choice that has the capability to prevent the commission of crimes.
Thus, the study on genetics and biological factor that may affect the criminal mind which drives a person to killer another is caused by mental illness. The biological traits of a serial killer are different from those who choose not to commit any crime (Lilly et al., 2011, p. 13). Hence, this will show that the structural brain abnormalities and contribution of psychological and environmental factors will indicate patterns of episodic aggressive behavior that includes severe memory disorder, suicidal tendencies, deviant sexual behavior, history of sexual assault, suicidal tendencies, genetic disorder and the feelings of powerlessness and inadequacy (Castle and Hesley, 2002, p. 456). In comparison to drug offenders, some serial killers suffer from episodes of psychosis, paranoia and psychosis. According to the study of Castle and Hesley (2002), these are the times when serial killers break from reality and develop deviant behavior that will compel them to kill a human being. In some occasions, there are murderers who are classified as paranoid schizophrenics and are motivated by unprovoked bout of violence. There are even some cases where the serial killer can hear imaginary voices caused by hallucinations and delusions. Majority of these serial killers were exposed to violent and dysfunctional households during their childhood. As a result, they engage in disorderly behaviors such as finding joy when they torture animals or when they set things on fire. When these serial killers reach adulthood, most of them have been reported to develop brain damage & substance abuse problems such as addiction to alcohol or drugs (Lilly et al., 2011).
In conclusion, drug charges carry more time than murder charges since the inmates take a longer time to rehabilitate. The courts must ensure that drug offenders undergo programs that promote their wellness by working for their recovery that may lead him develop more satisfying and healthy lifestyle (Scott, 2010). Other inmates who suffer from mental illness, such as the serial killers are placed in the particular program in order to administer the appropriate treatments for each offender. The purpose of providing mental health interventions in prisons is to give medical treatment to prisoners to criminals who are suffering from severe mental illnesses. This will include the physical, emotional, intellectual and spiritual aspect of the inmates so that the court will conceive preventive and health promotion approaches. Finally, drug charges carry longer prison sentence to allow the offenders the opportunity for reformation and rehabilitation. Scott (2010) stated in the case of inmates suffering from mental illness, the federal courts should consider the adequacy of the treatment for these suffering from critical mental illnesses, such as serial killers to be admitted in state hospitals and order that the prison administration should shift from the traditional medical symptom management to an expanded perspective of wellness and recovery approaches (Scott, 2010). Aside from these mental health intervention programs, the courts should develop community-based programs to focus on the transition of the inmates from prison life to their new lives as they return back to the community.
References
Anti-Drug Abuse Act of 1988. (n.d.). Procon.org. Web. Retrieved on May 7, 2013,
http://deathpenalty.procon.org/view.resource.php?resourceID=4931.
Castle, T. and Hensley, C.(2002). “Serial Killers with Military Experience: Applying
Learning Theory to Serial Murder”. International Journal of Offender Therapy and
Comparative Criminology. 46.4: 453-465.
Haggerty, K. (2009) “Modern Serial Killers”. Crime, Media and Culture. 5.2 (2009): 168-187.
Lilly, J. R., Ball, R. A. and C., F. T. (2011). Criminology Theory: Contact and Consequences.
California: Sage Publications Inc.
Longmire, S. (2009). Drug Trafficking 101: What is the Kingpin Act? Examiner.com. Web.
http://www.examiner.com/article/drug-trafficking-101-what-is-the-kingpin-act.
Miller, R.L. and Jentz, G. A. (2010). Business Law Today: The Essentials, 9th edition, Mason,
OH: Cengage.
Newman, G.R. (2010). Crime and Punishment around the World. California: ABC-CLIO.
Scott, C. L. (2010). Handbook of Correctional Mental Health, 2nd ed. Arlington, VA:
American Psychiatric Pub.
Seiter, R. P. (2011). Corrections: An Introduction, 3rd ed. Upper Saddle River, NJ: Prentice
Hall.
Wallace, H. and Roberson, C. (2011). Principles of Criminal Law, 4th ed. New York: Allyn and
Bacon.
Walston-Dunham, B. (2011). Introduction to Law. New York: Cengage.
Wright, J. and Hensley, C.(2003). “From Animal Cruelty to Serial Murder: Applying the
Graduation Hypothesis”. International Journal of Offender Therapy and Comparative
Criminology. 47.1 (2003): 71-88.
