American Drug War

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With the money that is being collected by the drug dealers, programs such as the witness protection program are created for witnesses who help in arresting the defendants. This is a government program takes the defendant and his/her immediate family (wife/husband/kids) and gives them a brand new identity. Meaning they will get a new name, background, high school and college diploma, work history and will be moved to a new location. Basically the government creates a brand new family and protects them from any harm. Wherever you go, housing will be paid for one year. This program has been successful since it’s started. The only way it has failed is if the witness does not comply with their rules and regulations. For example, if they are sent to Arizona and they are originally from New York, if they go back to New York for any means necessary and get shot, it is not the government’s fault. This program is Voluntarily, so if after 5 months or 5 years you decide to leave you can, but once you leave their program there is no coming back. You will be on your own, and have to protect yourself.

Along with this program, the united States have come up different method to use against the war on drugs. Examples of these would include Terry Stop (also called Stop & Frisk), Relaxation of exclusionary rule, Electric Surveillance, the use of the Grand Jury, Asset Forfeiture, Extradition, and Sentencing. Using Terry Stop provides two choices, if an officer has enough evidence to establish probable cause that the defendant was committing a crime, and then law enforcements would have the right to make an arrest. If not they are not allowed to do anything but allow the suspect to walk away. The second choice is if an officer has a reasonable suspicion that the suspect is committing or about to commit a crime, the officer is allowed to commit a “Terry Stop”.

Although the Relaxation of Exclusionary Rule was created to be used on the war on drugs, if it is not used properly it will hurt the police instead of helping. Reason being any evidence collected in an illegal or unconstitutional manner by police is excluded from being used at trial. Unlike the Exclusionary Rule, the inevitable discovery rule helps the police because if the police found something illegally, but would have over time, inevitably become legal, then the police can use the evidence found against the defendant. For example, if a police officer searches your car without a warrant and finds evidence, they are not allowed to use the evidence. But if another officer finds a witness who is willing to say who the person is that is selling drugs, they can then get a search warrant for the car, then the drugs that were previously found in that car can be used. But if there is a police officer that makes a mistake but he makes it in good faith, he will not be punished and he will be allowed to use the evidence.

About 40 years ago, the government came up with a way to legally wire tap peoples conversations. If a police officer wiretaps a phone conversation without court authorization, it is illegal, and anything the officer hears will be excluded from trial. This method is called “Electronic Surveillance”. The use of the Grand Jury is for those witnesses that are trying to get away from the drug affiliation life. Meaning, if a witness who was involved on a drug trafficking crime and is willing to testify in order to make an arrest on a big drug dealer, their testimony (if answered truthfully) cannot be used to incarcerate them. Once an arrest has been made, this witness will then be put in a witness protection program. When a defendant has escaped the United States, if the country where the defendant is entered an extradition treaty with the United States, that countries government will make an arrest then send them back to the U.S. Sending U.S. law enforcement to make an arrest in another country is illegal, which is why this treaty was made.

Sentencing enhances the amount of time a defendant can receive in prison for drug offenses. If the drug war is going to succeed, penalties will be needed to keep drug defendants in prison longer. When a judge has no choice or discretion, on the sentences they must impose, its called Mandatory minimum sentences. The three strikes law is when a defendant has been convicted to two previous crimes, the third crime they are convicted, it will cost them 25 years in prison. In this case, the two previous would have had to been felonies.

Becoming a felon is the easiest thing to do, but getting out of it or living with that title will be the most difficult thing imaginable. The collateral consequences felonies face are endless. As a felon, in most states, it can cost voting rights, denial in serving in a jury, denial in buying a firearm. Buying a firearm while being a felon is a crime. Having a felony conviction denies the right to serve in the arm forces. In most states possession of a drivers license will be denied as well. If needed the assistance of public housing, that will be denied. No student aid programs will be available. Once sentencing is over, the “felony search provision” will place felon into a 3-5 year parole. Probation officer will be assigned, and series of requirements that needs to be followed in order to stay out of trouble. Not following directions can cause longer parole or back in prison.

Many would argue that the war on drugs has failed and is only taking the citizens money. Since the war on drugs began, the United States has spent an estimated $193 billion in 2007. According to the Office of National Drug Control Policy, it is stated that this has covered “both the use of resources to address health and crime consequences as well as the loss of potential productivity from disability, premature death, and withdrawal from the legitimate workforce”.[9]

Legalization of drugs will result in two things, Drug Corruption and decrease in violence. If drugs are being sold legally, officers will not need to be paid because the sale of drugs is being done in a legalized manner. Also, if selling drugs is a legal business, there won’t be any need for competition. According to the Wall Street Journal, it states, “One moderate alternative to the war on drugs is to follow Portugal’s lead and decriminalize all drug use while maintaining the illegality of drug trafficking” (Becker, Murphy, Wall Street Journal). If the United States did decriminalize all drug usage, drug addicts would find it easier to seek help from groups or clinics because it wouldn’t be a crime for them to do drugs. Although reducing the prices on drugs may increase the people who use them, it can also decrease drug addicts because they will find it easier to quit.

In order for costs on the war on drugs can be greatly influenced, FULL decriminalization