Drug abuse: Tendencies and ways to overcome it

p> Tendencies of Development:

The number of drug users grows in direct proportion to the rise in crimes committed under the influence of narcotics and, in the long run, to the profits earned by the drug dealers. Hence, drug dealers seek to 1) expand the drug sales; 2) increase the output of drugs or receive more of them from medical and pharmaceutical centers; and, 3) further promote criminal activities connected to drugs. The latter seems to ensure the realization of the former. A high degree of organization paves the way for expanding drug sales, increasing the output and boosting drug trafficking.

Expanding Drug Sales:

The expansion of drug sales is achieved by persuading more people to take drugs. Drug dealers set up drug pads and stores where narcotics are available. They try to advertise them in indirect ways. They make sure that more powerful drugs are continuously being developed.

In order to increase drug output drug-bearing plants are grown on remote plantations in regions with difficult access. Illegal shops and laboratories for developing new types of narcotics are set up there. Funds for increasing drug output are raised by blackmailing or bribing public officials. Drug-dealers practice violence, make threats against officials and encourage theft of large amounts of drugs.

Boosting the Level of Organization of the Illegal Drug Trafficking
Business Methods to improve the level of organization include mergers of criminal groups and associations, severe disciplinary measures within criminal organizations, greater degree of cohesion among group members, conspiratorial rules, and tougher actions against those who violate the rules in such groups. Other methods are: increasing attempts to draw government officials into criminal groups, taking control of persons engaged in drug-related crimes on their own, centralizing finances and monopolizing drug prices.

According to various studies there are quite a few syndicates and cartels in the world that have divided drug trafficking regions among themselves. Activities of these groups are guided by a clear-cut system of criminal actions, such as promoting the sowing and cultivation of drug- bearing plants, the production of narcotics, their wholesale purchase, and the transportation and sales of drugs to consumers. Drug syndicates and cartels, for whom drug trafficking is the main source of income, act under the guise of legitimate companies, trying to come across as legal as possible. They have airplanes, modern weapons and the newest technology in their possession. Leaders of the criminal drug associations do their utmost to oppose the actions of law enforcement agencies. With this purpose in mind, they not only try to check police actions but make attempts, successful at times, to infiltrate police ranks. Professional criminals deploy defense measures that may prove to be so effective in challenging the worthiness of surveillance of suspects and the bugging of their phones.
United into cartels and syndicates and organizationally divided into groups and associations, drug- criminals are usually aware that they remain under constant surveillance. To ensure their personal safety they resort, as a rule, to various counter-surveillance measures, thus putting well-trained police officers in a difficult position. Experience shows that criminal groups usually keep the approaches to places where narcotics are turned over under their own close watch.

Ways to Legalize Drug Profits:

Drug dealers seek not only to build up profits from drug trafficking but to legalize them as well. To that end they engage in criminal activities where by legal and illegal operations are inextricably intertwined. The money earned from the trade in narcotics is invested into legitimate businesses or in real estate. It may also be laundered in financial transactions, such as, the purchase of shares and securities or other newly invented and constantly perfected operations. The income thus obtained allows drug dealers not only to pour more money into drug trafficking or finance more drug-related crimes but also provides for a legal coverage of drug trade, or for the participation in legal activities.
Speakers at the international seminar on combating organized crime in the
Russian city of Suzdal in 1992 held in accord with the resolution of the
45th session of the UN General Assembly, pointed out that "in the majority of countries, organized crime developed along two directions: participating in prohibited activities (property crimes, money laundering, illegal drug trafficking, violation of hard currency transaction rules, intimidation, prostitution, gambling, trade in weapons and antiques) and joining legal business (directly or using such parasitical means as extortion. This participation in legal economic activities is always bent for the use of illegal competition methods and may have a greater economic impact compared to the involvement in totally illegal kinds of activity). In short, criminal methods are used in both cases leading to the situation in which criminal elements form the majority of organized criminal formations.

Organized Narco-crime:

Typically, drug cartels and syndicates are highly organized. Present in the organizations are: strict and precise distribution of functions; very rigid hierarchies; internal discipline maintained by interest, authority and force; stringent conspiracy; ramified networks of groups bound by firm organizational ties; branches existing and functioning in various countries; contacts with other criminal groups (counterfeiters, smugglers, murderers etc.); the use of professional criminals; the internationalization of group members; and, the use of violence to meet the desired ends. To protect their huge profits and spheres of interest, the subjects of narco-criminals stop at nothing and employ violent means, such as the contract murders of their rivals and of law enforcement agents. The money brought by the trade in drugs is often used to finance dangerous crimes and acts of terrorism. It becomes a source, which finances subversive activities of all kinds. Profits obtained from the drug trade make it possible to finance large-scale armed operations against government forces (like in Columbia or Mexico). Profit gained from the drug trade is often compared with the profits earned by whole industries. The drug trade is regarded as the world's second largest economy. All this enables drug dealers not only to pay generously for the participation in crimes but also to set up a common financial fund, a common bank, so to speak. Narco-money is also used to exert influence on policy-making, particularly, by nominating the associates of drug dealers to key posts in the economy and politics or by bribing persons who already hold such posts and turning them into supporters of the drugs trade. These financial investments are reinforced by threats of violence against them or their close relatives
(wives, children or parents). This proves convincingly that narco-crime is a well organized and well planned business incorporating the mutually inter- related criminal activities of individuals, groups, associations, syndicates and cartels with a division of mutually interrelated functions.
This is the reason to regard this kind of crime as a variety of organized crime. Some researchers believe that drug profits are the economic foundation of organized crime. This can be seen in comparison of elements forming narco- and organized crimes. To get a clear understanding of the elements of the latter it is necessary to look in retrospect at the history of organized crime. While crime and drug addiction have been known to the world for at least several centuries, the existence of organized crime has been officially recognized quite recently, only in this century. Yet both national and foreign researchers date the origin of this phenomenon, in one way or another, to a much earlier period.

Various stable criminal organizations used to appear and operate on territories of almost all modern states. Gangs of brigands and smugglers were at work not only on land but also at sea (sea pirates). They had in their possession caches of weapons, stocks of gold and food and, sometimes, entire fleets of pirate boats furnished with everything necessary for an attack and ready to go into combat with regular troops or ships. They thereby challenged borders and laws. Already at that time members of such gangs observed their own internal rules and traditions strictly, contrary to the ones obligatory in society. Among them there was the principle of mutual help, the recognition of the leaders' authority, the distribution of duties and spoils, as well as a system of reward and punishment. Gangsters knew exactly the kind of work they were responsible for and also knew their zones of influence (slave trade, cattle stealing, smuggling arms, narcotics, gold, diamonds, etc). They talked their own language and stuck to other conspiratorial rules. Taking hostages and bribing officials were their usual practices, very much like the actions of the present day organized crime groups.

With the passing of time, of course, these organizations kept transforming and modernizing, adjusting to changes of state borders, governments and economies. They were turning more and more into organized criminal associations that posed a serious threat to public safety, to the supremacy of the law and to other state institutions. As researchers point out, a particular danger of organized crime is that it becomes more and more arrogant, aggressive, ingenious and diverse. In the 1980s, organized crime became increasingly apparent throughout the world.

Forms of Organized Crime:

Along with traditional forms of organized crime, new forms, more diverse and greater in scale, have appeared, such as the theft and re-sale of luxury cars, electronic equipment, historical and cultural art objects, antiques, icons and church plate. Other forms include the illegal trade in human being, weapons and ammunition, strategic raw materials, non-ferrous and rare metals, drugs counterfeiting, theft and forgery of credit cards, gambling, and infiltration of legal business and world finance. An analysis of documents issued by the UN Information Center proves that the influence of various forms of organized crime spreads far beyond national borders and
"transnationalize crime", so to speak. This creates a situation which
"differs, both qualitatively and quantitatively, from the situation in the past and hampers the accomplishment of effective measures aiming to prevent and eliminate crime. Experts believe that the evolution of organized crime should be seen as "a process providing for a rational reorganization on the international basis of criminal enterprises using the same patterns just as it is the case for legal enterprises." This process reflects tendencies for forming a more intricate organizational structure typical of the modern society in all countries. This explains why the UN Secretary General pointed out in his speech at the 47th General Assembly session on September
28, 1992, that it was imperative to promote international cooperation and develop practical steps against organized crime in view of its negative impact on various areas of society's social, political and economic life.
Though extremely topical, problems of organized crime have not yet been resolved properly by juridical theory and practice. Suffice it to say that there are still some countries where no laws on organized crime have yet been passed. There is no uniform approach to the concept of organized crime at the legislative level. The attributes and signs of this phenomenon have not yet been finalized. No attempts have yet been made to develop a comprehensive program of action against it. There are few statistics or official data on organized crime as a whole.

For example, in the former USSR the first official mention of organized crime made at the government level was on December 2, 1989, when the decision to step up the effort against organized crime was passed by the
2nd Congress of People's Deputies. However, no laws regarding organized crime have been adopted. This could not help but leave its imprint on the practical activities of law enforcement agencies in the former Union republics. There was no solid theoretical discussion of the concept of organized crime, as the scarce publications of the last few years could hardly give a complete picture of this problem.

Some published works, however, contain a number of definitions of organized crime. Some authors point to the following basic features.
Criminal groups based on hierarchical order consolidate within the borders of one particular region or a country; their leaders take no part in crimes but only perform organizational, managerial and ideological functions.
Government officials, including law enforcement officers, become corrupt and join criminal activities providing safety to the members of criminal associations. This association has a tendency to monopolize and expand the spheres of illegal activities, and to protect leaders from bearing any responsibility. Another group of authors believe that organized crime is a system of contacts forming naturally in the criminal surroundings which lead to the concentration and monopolization of certain kinds of criminal activities. Diversified ties between groups engaged in criminal activities are characteristic of this system.

About the Concept of Organized Crime:

Organized crime represents the consolidated criminal associations with their own norms of behavior, hierarchical ladders and finances, it is the most dangerous kind of crime that opposes and counteracts the lawful actions of the state. This definition also embraces the totality of mercenary and economic crimes committed with the help of corrupt government officials, and law enforcement agents among them, who yielded to bribery and other forms of corruption.

Organized Crime in Foreign Legislation:

In this context it is interesting to look at foreign experience in dealing with organized crime, particularly, in the field of legislation.
The Italian criminal code states, for example, (article 416-2) that "the association of a mafia kind is ranked as a criminal one when its members practice the removal and intimidation of other persons in order to ensure a cover-up and observe the law of silence and thus make it possible to commit crimes, and win, directly or indirectly, posts allowing the management or control of business activities, the distribution of concessions and permits of all kinds, the signing of contracts, and communal services, as well as making illegal profits or securing illegal privileges for themselves and other persons." The American approach seems to be slightly different. While the Italian Criminal Code lists features of organized crime, American
Federal Legislation (USC-par. 3781), though naming certain features of organized crime, attributes concrete actions to it, namely, "unlawful activities by members of a well-organized and disciplined association supplying illegal commodities and offering illegal services, which include but are not limited to, gambling, prostitution, usury, the spread of narcotics, racket and other unlawful actions by such organizations."
Organized crime has broad opportunities for carrying out unlawful deeds but the choice of these opportunities is mainly determined by the level of expected profit, the minimum degree of possible risk of being caught and exposed and the absence of concrete victims. It is this particular factor that comes to the foreground in crimes related to narcotics whose users are not interested in reporting to the police. The specific choice of a
"specialization" for this or another criminal group is a factor guaranteeing it, to a large degree, a high level of conspiracy and a free hand in committing crimes. Along with the previously mentioned
"specialization" of criminal associations there also exists what is termed as an "internal specialization", i.e. the division of labor among criminal association members.

Organized Crime and Drug Related Crime: Features in Common:

These features include:

- clearly defined organizational and managerial structures with a hierarchy which ensures the protection of leaders from punishment since their actions usually remain outside the confines of the criminal code;

- uniform norms of behavior and responsibility;

- planned unlawful activities and common goals aimed at making large profits;

- a system aiming to neutralize all forms of legal control and development of counter measures;

- common finances invested in various areas of criminal activities, which are used for bribing the necessary people, providing material support to members of criminal associations and financing crimes;

- monopolization and expansion of areas of criminal activity, cooperation between criminal associations in various branches of a national economy, the introduction of commodities and services to the black market, exploitation of women through pornography, and prostitution;

- the use of legal methods to launder drug money.

In sum narcotics are a negative social phenomenon posing an extreme danger to society. This danger is expressed in such ill-effects as the destruction of people's health as a result of drug addiction, drug-related crimes, the totality of which forms an independent crime branch (narco- crime), and the ability to turn the most dangerous and well-organized part of narco-crime into a variety of organized crime.

Par. 2. Tendencies of Development

Some tendencies of development can be traced by using the statistical method, whereas others, which are not clearly evident, can be discovered by sociological studies, expert evaluations, interviews, studies of documents or by content analysis of mass media publications.

The Structure of Narco-crime:

In the structure of narco-crime, the predominant criminal actions are the illegal preparation, acquisition, storage, transportation and dissemination of narcotics by mail. The percentage of such crimes is high and is increasing all the time. It varies between 87 and 96%. Actions not with the intent to sell constitute an overwhelming share (from 96 to 99%).

On the one hand, this fact gives reason to assume that the actions listed above were taken to obtain narcotics for personal use. On the other, a conclusion can be drawn that the main efforts against the spread of illegal drug trafficking "have actually shifted towards intensifying repressive measures against drug users.

However, illegal activity with drugs and their deliberate sale is much more intensive. But for various reasons, both objective and subjective, these fall under a different legal assessment. A major factor is that it is difficult to prove that there was an intent to sell. This is compounded by subjective views of "intent to sell" in special situations and the absence of a clear-cut stand by the lawmakers. 93% of the polled narcotic officers believe that proving "intent to sell" is difficult especially since this question is of decisive importance in final judicial rulings.

Besides, 63% of the respondents charged with illegal drug operations without the aim of selling drugs, admitted that they not only had such intent but also had been engaged in these operations on a regular basis all the way up until they were arrested.

It is interesting to note that in police seizures, drugs obtained from natural plants have prevailed so far. (Nearly 9/10ths). Today the amount of seized raw materials for making drugs is estimated in tens of tons and has grown more than 5 times in the last few years. This is well above even the over-estimated needs and norms of known addicts.

Specialized studies on the subject underline how difficult it is to investigate and uncover the above-mentioned crimes because of "the ingenuity of methods used to carry them out, attempts to conceal them and also because criminal behavior is multifaceted.

One should also take into account the absence of well-conceived methods, and the shortage of professionally trained personnel to uncover and investigate such crimes, especially, in the present-day conditions when there are political collisions caused by the Soviet Union's disintegration, when there are "transparent" and ill-defined borders between the former sovereign Soviet republics, when the internal affairs agencies are not well equipped technically, and when the customs and border control services are vulnerable.

The Structure of Crime and Latency:

Among the registered crimes there are none related to violations within the system of medical care of the rules of drug-making, drug acquisition, storage, keeping stock of, dispensing, transporting or sending by mail, at pharmaceutical factories or medical and bio industrial enterprises, etc.
The absence of information about drug-related crimes, however, does not mean at all that there are no crimes present.

A study of the problem has shown that there is no reason to believe narcotics are safely kept out of reach of addicts. This has been confirmed by more than one-third of the polled officers of internal affairs agencies.
Every second drug taker who was forced to undergo treatment, did not deny that he had received drugs from medical personnel. Similar cases of drug acquisition were noted by over 10% of persons charged with drug-related crimes, whereas 17% of people from the same group of drug abusers confessed that they used to steal drugs from hospitals, small medical centers and pharmacies. The share of other crimes in the structure of drug-related crimes total is insignificant, though they play a rather negative role in the spread of narcotics. For example, during one year, the crime of solicitation to use drugs was recorded only once or twice and 3 or 8 times the crimes involving the organization or running dens for addicts or providing premises for that purpose.

All the same just over 98% of the polled people charged with drug abuse and intent to sell drugs said they had persuaded 3 to 7 persons to start using drugs. In more than 70% of such cases, a special effort was made to invite potential "victims" to homes belonging to different persons. These people received remuneration for granting premises especially arranged for this purpose and where conditions were conducive for the use of narcotics.
Practically one out of every 4 persons charged with drug abuse but without attempting to push drugs, admitted in talking to officials, that he had persuaded at least 3 or 4 persons to use drugs treating them to narcotics that he had bought or made for his own use.

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