Race and Drug Trials by Anita Kalunta-Crumpton

Author:Anita Kalunta-Crumpton [Kalunta-Crumpton, Anita]
Language: eng
Format: epub
Tags: Social Science, Ethnic Studies, General, Law, Criminal Law
ISBN: 9780429824500
Google: oKubDwAAQBAJ
Publisher: Routledge
Published: 2018-08-13T04:45:36+00:00

Most negative accounts on drugs tend to concentrate on trafficking deals and therefore the spotlight is taken off the drug user or addict. Whilst the drug user/addict is viewed primarily as a side wo/man and presented as an object of pity who needs societal help (Black, 1991; Dorn and South, 1985), the drug trafficker is considered morally culpable; whilst law enforcement strategies are directed towards penalising the trafficker, preventative and rehabilitative measures move towards helping the drug user/addict (Home Office, 1985). Drug traffickers are considered a threat to society, they are always on the attack. Because there is a lesser degree of seriousness ascribed to illicit drug use (Young, 1971; Dorn et al., 1992), defendants find it a favourable explanation to give in contradiction to any allegation of possessing drugs for the principal purpose of drug trafficking. The 'personal use' or 'sharing with friends on a social basis' explanation does not always receive a 'minimal' form of questioning as illustrated in the case below. Black defendants who relate the 'same' explanations to the supposed large quantity of drugs found in their possession or control are, however, faced with the image of an indisputable drug trafficker:

A black male defendant was charged for being in possession of 6.2 grams of cocaine with intent to supply. One of the arguments raised by the prosecution to consolidate the drug trafficking allegation against the defendant was that the quantity of drug involved was large. In relation to this issue, part of the claims-making activity follows thus:

Prosecutor: Mr L do you still use cocaine?

Defendant: (pause) No.

Prosecutor: When did you stop using cocaine?

Defendant: When About six months ago.

Prosecutor: After you had been arrested and charged for this offence?

Defendant: Yes. I tried several tones to give it up.

Prosecutor: And that was not possible, you had to have 6.2 grams of cocaine in your home for your own personal use?

Defendant: (silence)

Prosecutor: Mr L do you really want us to believe that amount of drugs was for your own consumption and not for sale?

Defendant: It was not for sale. It was for my own use. I have told you that

Prosecutor: 6.2 grams?

Defendant: Yes.

Prosecutor: ....For how long were you using cocaine?

Defendant: Up to six years

Prosecutor: I believe that you were using it everyday?

Defendant: Yes.

Prosecutor: How much were you using in a day?

Defendant: A quarter of a gram.

Prosecutor: If you used a quarter of a gram of cocaine a day, why did you have 6.2 grams in your home on the day that you were arrested?

Defendant: I needed it that was why I had it.

Prosecutor: You mean you needed 6.2 grams of the drug on that day?

Defendant: No. I only used a quarter a day.

Prosecutor: And what did you intend doing with the rest, sell it?

Defendant: No. It was all for my use. I shared with my friends sometimes.

Prosecutor: Did these friends you supplied to pay you for the drugs?

Defendant: No. They are my friends, you know! We shared.

Prosecutor: Considering the price of the drug, why would you freely give it away?

Defendant: I never said I gave all I bought to my friends.

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