Decriminalization

非刑事化
  • 文章类型: Journal Article
    背景:2000年,葡萄牙少数民族社会主义政府将拥有和消费毒品合法化。这项法律使葡萄牙的独特之处在于拥有一个正式的系统,该系统将使用药物的人带到卫生部职权范围内的小组,与司法部相反,因此构成了“原始创新”。在这篇文章中,我们问在什么条件下进行并成功实施这种改革。
    目的:在讨论了现有文献的局限性之后,我们提出了一个新的理论框架:“六星”框架。我们认为,民主国家的成功政策创新只有在六个机构和个人“明星”对齐时才能发生并持续:注意力,创新的动力,一个新的解决方案,政治策略,决策过程的质量和合法性,以及全面实施的保证。然后,我们通过理论测试/过程追踪将此框架应用于葡萄牙药物政策案例。依靠对三种不同类型的数据-主要和次要来源的定性分析,主要演员和采访发出的官方文件-我们确定了六位对齐的“明星”的存在。
    结论:拟议的“六星”成功的药物政策创新框架表明了选举授权的重要性,通信,inclusion,透明度,在设计创新药物政策时进行审议和评估。它还说明了确保实施代理的支持并快速创建可见,积极的政策反馈。
    In 2000, the Portuguese minority socialist government decriminalized the possession and consumption of drugs. This law made Portugal unique in having a formal system that directs the person using drugs to a panel under the purview of the Ministry of Health, as opposed to the Ministry of Justice, and hence constitutes an \'original innovation\'. In this article, we ask under which conditions such kinds of reforms are introduced and successfully implemented.
    After discussing the limitations of the existing literature, we present a new theoretical framework: the \'six-stars\' framework. We argue that successful policy innovation in democracies will only occur and persist when six institutional and individual \'stars\' are aligned: attention, motivation to innovate, a new solution, political strategies, quality and legitimacy of the decision-making process and guarantees for full implementation. We then apply this framework to the Portuguese Drug Policy Case through theory-testing/process-tracing. Relying upon a qualitative analysis of three different types of data-primary and secondary sources, official documents emitted by key actors and interviews-we identify the presence of the six aligned \'stars\'.
    The proposed \'six-stars\' framework of successful drug policy innovation shows the importance of electoral mandates, communication, inclusion, transparency, deliberation and evaluation when designing innovative drug policies. It also illustrates the importance of ensuring the support of implementing agents and quickly creating visible, positive policy feedback.
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  • 文章类型: Journal Article
    在过去的十年里,一些州已经考虑进行改革,以解决“强硬”正义的后果。休闲大麻法的通过-尽管在少数司法管辖区中被纳入-只是一个流行的例子。虽然最近的奖学金表明公众对此类措施的支持,鉴于2020年的社会动荡,有必要探索公众的观点。此外,有必要了解不同司法管辖区的公众观点。因此,弗吉尼亚州是一个理想的案例研究,因为它是南方第一个纳入或考虑各种渐进式司法改革的州。根据2021年进行的全州民意调查(N=1,017),这项研究探讨了弗吉尼亚人支持休闲大麻立法的程度,废除强制性最低限度,暂停死刑.调查结果表明,批准情况有所不同,公众观点存在分歧,具体来说,跨社会人口统计学维度(例如,政治意识形态),以及对社会状况和资助司法系统的意愿的看法。讨论了含义。
    Over the last decade, some states have considered reforms to address the consequences of \"get tough\" justice. The passage of recreational marijuana laws-albeit incorporated across a minority of jurisdictions-is just one popular example. While recent scholarship indicates support for such measures among the public, there is a need for exploration of public views in light of the social unrest of 2020. Additionally, there is a need to understand public views across jurisdictions that are diverse. Accordingly, Virginia stands out as an ideal case study as it is the first state in the South to incorporate or consider a variety of progressive justice reforms. Drawing on a statewide poll conducted in 2021 (N = 1,017), this study explores the extent to which Virginians support recreational marijuana legislation, the repeal of mandatory minimums, and a moratorium on the death penalty. Findings indicate that approval varies by measure and that there are divides in public views, specifically, across socio-demographic dimensions (e.g., political ideology), and also across views about the state of society and willingness to fund the justice system. Implications are discussed.
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  • 文章类型: Journal Article
    Canada decriminalized abortion, uniquely in the world, 30 years ago. We present the timeline of relevant Canadian legal, political, and policy events before and since decriminalization. We assess implications for clinical care, health service and systems decisions, health policy, and the epidemiology of abortion in the absence of criminal legislation. As the criminal abortion law was struck down, dozens of similar private member\'s bills, and one government bill, have been proposed, but none were passed. Key findings include that initially Canadian provinces attempted to provide restrictive regulations and legislation, all of which have been revoked and largely replaced with supportive policies that improve equitable, accessible, state-provided abortion service. Abortion rates have been stable over 30 years since decriminalization, and a falling proportion of abortions occur late in the second trimester. Canada demonstrates that abortion care can safely and effectively be regulated as a normal component of usual medical care.
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  • 文章类型: Comparative Study
    BACKGROUND: This analysis examines decriminalization as a risk factor for future increases in youth marijuana acceptance and use. Specifically, we examine marijuana-related behaviors and attitudes of 8th, 10th, and 12th graders in California as compared to other U.S. states during the years before and after California passed legislation in 2010 to decriminalize marijuana.
    METHODS: Data come from Monitoring the Future, an annual, nationally representative survey of 8th, 10th, and 12th grade students.
    RESULTS: In 2012 and afterwards California 12th graders as compared to their peers in other states became (a) 25% more likely to have used marijuana in the past 30 days, (b) 20% less likely to perceive regular marijuana use as a great health risk, (c) 20% less likely to strongly disapprove of regular marijuana use, and (d) about 60% more likely to expect to be using marijuana five years in the future. Analysis of 10th graders raises the possibility that the findings among 12th graders may reflect a cohort effect that was set into place two years earlier.
    CONCLUSIONS: These results provide empirical evidence to support concerns that decriminalization may be a risk factor for future increases in youth marijuana use and acceptance.
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