Extradition of Drug Traffickers for Trial in the United Justice System to Replace the Mexican Justice System in the Trial of Drug Traffickers
Abstract
The study examines the benefits of extradition of drug traffickers in the United States. According to the assessment, the United States justice system has been proposed as a viable replacement of the less evolved Mexican justice system. Despite the existence of laws that inhibit drug dealing in Mexico, there has been a steady increase in the levels of drug dealing in the nation, particularly over the United States-Mexico border, which serves as an integral trading market for the drugs. The author examines the role of the DEA and other regulatory body in facilitating the implementation of justice against drug traffickers and drug barons from Mexico. Extradition presents an imperative debate in international law, consequently, the validation of extradition is performed through treaties, which the United States must sign with Mexico. The author notes that the implementation of extradition laws will ensure that there is a significant reduction in the level of drug trafficking over the United States-Mexico border, which has proven to be a notorious background for drug traffickers.
Introduction
Drug trafficking has been a major issue for the united states governments with 50% of the total inmates under the department of collections being drug related cases. Most of the drugs entering the country come from South America especially in Mexico and Colombia. The government has been forced to take up measures that have been considered too aggressive for instance the building of a wall along the border as a method to keep out illegal migrates who transport the drugs and also close down pores borders through which the traffickers use. There has been larger issue of tunnels across boarder which makes it harder to track and win the war on drugs.
Extradition presents the official process that facilitates the transfer of convicts and suspects for trial in another nation. Through the adoption of an extradition approach, Mexico being a sovereign state should make a formal request to the United States. In case drug traffickers and drug barons are captured conducting their activities in the United States, the requested state should subject the suspect to the United States justice system. It is imperative to note that the study proposes the implementation of an avenues through which Mexico can request the engagement of the United States in the trial of notorious drug barons, who have too much money and power that the local justice system is unable to effectively try and convict the traffickers.
International laws dictate that any state lacks the capacity and obligation to surrender any criminal to a foreign state for trial since the law of sovereignty emphasizes the legal authority of each state for the trial of the people who occupy their borders. The lack of international obligation, and the will for the transfer of criminals to different nations has resulted in the creation of extradition agreements and treaties. It is imperative to note that a sovereign state reserves the right to request the lawful return of any suspect for trial utilizing the local law. There should be creation of penal codes in Mexico that permit the allowance for extradition to be implemented devoid of an agreement.
This paper takes a keen interest on the issue and thus will focus on the laws that have been put in place and the agencies that have been fighting the war. It will look at the ways the agencies have been able to mitigate the issues and proposals that have been put in place. For the purpose of study, the paper will focus on the Drug Enforcement Administration of the federal government of United States.
The paper intends to introduce a hypothetical law which can only be implemented by an agency like the DEA. This is because the organization is such that all agencies of the federal organization are certified at higher education levels and thus it makes it easier for them to implement the laws, find ways to analysis the situation at a better level that regular police officers and their ability to extend their jurisdictions beyond boundaries.
The need to come up with new ways to look at drug trafficking and understanding the trends require analysis and experience which is what makes the DEA the best for the job. In the recent past the organization has played key roles especially in Border States where by the have collaborated with other agencies and governments to bring down drug lords. Their long standing traditions and records speak of a program
Organizational Description
Drug Enforcement Administration was established in 1973 under President Nixon authority as a federal agency that had the capability similar to that of the Federal Bureau of Investigations through the Reorganization Plan no. 2 with the single purpose of coordinating the war on drugs both within the United States and outside its borders (Nadelmann, 1990).
Existing Policies and need for the initiative
The most significant of them was the building of a wall along the border to separate Mexico from the United States. Only legal channels manned by border patrol became access points to either country. Following this, there has been a significant drop in the number of drugs trafficked (Bassiouni, 2008).
The 1986 Anti-Drug Abuse Act which aimed at making penalties for drug users and traffickers is one of the most commonly known existing laws. It was aimed at making laws that would enable the DEA to make arrests and imprisonment of drug related cases. The laws were however reduced by the 2010 Fair Sentence Act but made further adjustments on laws regulating access of chemicals that are used in making of the drugs. The danger of synthetic drugs are more than those of natural drugs given that the process of making them can be used to increase their effects while at the same time mimicking the effects on human body.
Even with the laws in place, there has been an increase in designer drugs in the American market and thus there are no significant changes that can be observed that can tell of a win in the drug fight. It thus necessitates the need to come up with new laws that can be enforced the improve the efficiency of the existing laws or come up with better laws that can accommodate the changing trends in the world and thus enhance the possibility of winning the war on drugs (Bagley & Walker, 1994).
The paper proposes to initiate further research in to the working of the DEA in order to come up with better understanding of the organization and hence come up with better policies that can be proposed to the federal government for consideration in future law making process.
Stakeholders
This kind of initiative can only be done in conjunction with a number of institutions that will player vital roles in making sure that the research is not only sufficient but also in a position to validate the suitability of the initiate for the purpose of enforcing the drug fight. The research is the most important stakeholder in the project as he understands the objective better than the rest. He is in a position to bring together the resources that will bring to affect the policies.
The federal bureau of investigation libraries together with records from the DEA offices, especially from states bordering Mexico will play a key role as they will offer the background information required as outline and baseline for the research. It will tell about what has been initiated before, the success and failures experienced as well as how best to take the same in consideration to a new initiative.
The government must thus be a stakeholder who offers access to the records of the department as well judicial records from the department of justice and the criminal records of the country to help determine the necessity of the initiative. The researcher will also need the university to sign off on the research, offer financial aid and additional advice that can contribute to the success of the initiative.
The United States Justice System
The United States justice system is comprised of a system of interconnected regulatory, judicial and governmental authorities that enforce and administer laws. The system is tasked with the resolution and operation of the judicial system and is composed of different bodies including the state, federal and local systems. The top level court system is comprised of the United States Supreme Court, which are followed by the District Court of Appeals and the United States District Courts at the bottom of the federal court system. This systems deal with various geographical locations. This examination displays the maturity and advancement of the United States federal court system (Victimsofcrime.org, 2016).
There are various components that comprise the criminal justices system of the United States. The five primary constituents are prosecution, law enforcement, courts, defense attorneys and corrections that play an imperative role in various stages of the acquisition of justice. Law enforcement is a primary part of the justice system since it ensures that action is taken against any reports in the different areas of jurisdiction. The officers are involved in the investigation of crime, the arresting of offenders and the provision of testimonies in the court process. The prosecution, on the other hand, incorporates the government lawyers that examine and present the evidence that is provided by the law enforcement. The defense attorneys represent the accused parties against any accusations. The defense attorneys are hired by the defendant. The courts are operated by the judges that are tasked with ascertaining that justice is attained for the defendant and the prosecution. The United States correctional system is involved in the rehabilitation of individuals that are convicted by the court of law (Victimsofcrime.org, 2016).
It is imperative to acknowledge the existence of regulatory agencies that are in the governmental system and tasked with the power to implement various regulations. The different examples of regulatory systems include the SEX, which regulates the financial sector and the FAA that governs all the air travel, departments of which have proven to be am imperative consideration in drug trafficking. This system has ascertained the implementation of checks and balances that ensure that justice is attained in the different cases that are presented in the court system.
Literature review
According to budget release by the office of the national drug control policy, over 60% of the funds that are put in place on war against drugs are spent in reduction of supply meaning that the rest of the vital processes are to share the lowered percent (Goldstein, 1985). The Obama administration has been trying to change this by offering a more comprehensive system which offers three main approaches i.e. prevention, treatment and enforcement (Inciardi, 1986). This means that the focus is not how to reduce the amounts of drugs making their way in to the general public but instead working with the American citizens so as to sensitive the people as a way to prevent drug use. The approach simply means that a reduction in demand for drugs among the American people would mean that the prices would go low and the supplier would not have a market to sell to making the business less profitable and a possibility of reduction in import of the illicit drugs.
There are initiatives that have been put in place for instance the legalization of medical marijuana in some of the states. There are also ongoing discussions on the use and retail on the same which will be used as a basis from which funds distribution and use by the bureau will be discussed. It will also help in analyzing the legal proceedings that will take there after ion violation of the laws of sale and use of marijuana.
The fact that ONDCP considers reduction as initiates aimed at reduction of supply of drugs either from domestic or international market. The initiative will borrow heavily from it to make its case on the need for the initiative. It will also borrow on recommendation that have been suggested before by the authority as well as borrow from records of the DEA (
Paust et al., 2000). They will help in understanding the actual situation from the eyes of the federal agents as it opens eyes to challenges they face and what they have felt would be better for them to accomplish their mandate. Using this information the research will make empirical analysis and a probability test of better results on the fight on drugs should such recommendations can be put in place.
Supportive data
Drug abuse reduction in 2005 stood at 6.15% in a period of ten years, the reduction had gone up to 8.83% which was a significant reduction but not enough, notably this happened with more pumping of funds from 30.9% of the total funds put aside for the drug enforcement agencies to 35% in 2014. The funds spend on prevention on the other hand reduced from 10.3//5 to 1.28% in the similar period. It thus means that the government has focused more in preventing the entry of drugs from Mexico without the need to reduce the demand in the same region. Internationally, the funds spent on enforcement of laws have only reduced by 0.2 percent (Whitehead et al., 1994).
The data presented here only shows how the government has focused on the problem without looking at the route course of the issue and coming up with ways to mitigate the roots so as to dry the drugs supply system. It that means that an initiative to determine why drugs are easily accessible in USA and in high demand is imminent in order to find ways to fight the war from a different angle (Natarajan, 2000).
Summary
Unless the statistics on how much the government is spending on the war are established, one cannot understand the failures and challenges that have faced the war. It thus means that there is need to initiate a program that is not just a shield for the American people but also a sword that cuts out the problem in the society. The paper believes that reducing dependency on drugs is the only way to reduce supply and this given the data. The country has enough funds that can the transferred to fight the war at home hence win the war at the border (Brickey, 1994).
Initiative implementation
The ability of the program to be successful depends on the research proving the suitability of the initiative. The program can only be implementing using the already existing infrastructures for instance schools and social setting where by the community must acknowledge the problem and local leaders ensure that the community is well aware of the issue and how it affects them. Similar to how people prevent themselves from infections and diseases like cancer, the community will be able to prevent itself from the same with a similar set of mind. The traffickers will have to be excommunicated from the community.
Evaluation Plan
Similar surveys to those used in annual assessment of drug use in America will be used to show how the initiative has helped reduce the trafficking issue at the border. Regular and randomly distributed assessment of the department as well as collection of opinion and data from the DEA will also tell how the program has been fairing in relation to the investments put in it. The number of traffickers to be jailed in Mexico then before will help the system analyses their ability of the initiative to reduce illegal trafficking.
The paper presents the argument that the Mexican Justice system is underdeveloped. Consequently, the Mexican justice system lacks the capacity to effectively convict and try drug barons. Due to the small size and minimal maturity of the Mexican justice system, the drug traffickers and barons have developed mechanisms to evade justice.
The power that is brought about by the possession of drug money has rendered the drug barons in the country, untouchable. This limits the effectiveness of the justice system of any nation that is laced with drug traffickers and drug barons. There is an increase in the corruption levels in the justice system as a result of the possession of money by drug traffickers and drug barons. This has resulted in a rotten justice system that is unable to convict the individuals that are tried for drug trafficking.
For this reason, the study suggests the adoption of extradition treaties that will demand the trial of Mexican drug lords and drug traffickers in the United States. The implementation of the extradition treaties will enable the United States to try and convict individuals that are transferred to the United States for trial and those that are captured conducting illegal drug activities in the country.
The evolution of the United States justice system from 1776, when the nation gained independence, has seen the evolution of justice and fairness in the court system. Consequently, the replacement of the Mexican Justice system is bound to prompt drug traffickers to increase their caution, particularly the engagement in smuggling of drugs across the United States border. The study proposes a treaty between the United States and Mexico, which will encourage the implementation of justice on drug traffickers.
References
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Goldstein, P. J. (1985). The drugs/violence nexus: A tripartite conceptual framework. Journal of drug issues.
Inciardi, J. A. (1986). The war on drugs: Heroin, cocaine, crime, and public policy (Vol. 1). Palo Alto, CA: Mayfield Publishing Company.
Natarajan, M. (2000). Understanding the structure of a drug trafficking organization: a conversational analysis. Crime Prevention Studies, 11, 273-298.
Paust, J. L., Scharf, M. P., Sadat, L., Bassiouni, M. C., Gurulé, J., Zagaris, B., & Williams, S. A. (2000). International criminal law (pp. 857-62). Carolina Academic Press.
Victimsofcrime.org,. (2016). The Criminal Justice System. Retrieved 31 January 2016, from https://www.victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/the-criminal-justice-system
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