DAPHNE Programme European project POVEL: PREVENTION of VIOLENCE through EDUCATION to LEGALITY Ce projet a été financé avec le soutien de la Commission européenne. Cette publication (communication) n’engage que son auteur et la Commission n’est pas responsable de l’usage qui pourrait être fait des informations qui y sont contenues. 1
WHAT DO YOU KNOW ABOUT DRUGS ?
2
DEFINITION, IMPLEMENTATION OF CONCEPTS
3
A) VIOLENCE
Etymologically violence comes from Latin VIS meaning force and VIOLENTA abuse of force, semantically it comes from the word RAPE whose meaning is to do violence. Therefore we could define violence as prejudicing persons’ integrity by means of force.
4
Violence can be defined as, among other things: "An explosion of power directed to people and their property in order to dominate via death, destruction, submission or defeat."
5
Usually, violence is characterized by excessive use of force in order to compel somebody against his/her will. It opposes reconciliation and dialogue, and therefore law. The word violence is therefore used to designate, at the same time, a way of being, an action and its attached value. But also force intensity and use and injury to others. 4
LEGAL PERSPECTIVE: Law defines violence as: "Acts which are expressed by aggressiveness and brutality directed against human beings and which cause to them more or less serious damage or injury " The new French Penal Code in his articles: Violence (art. 222-7 to 222-16) and Threats (art. 222-17 and 18) uses generic term of violence to refer to all offenses constituting a violation to people’s integrity. However, if violence is usually associated with use of physical force, however sometimes it cannot be equated with "assault and battery“ : when violence is less serious, they are treated as "assault.« Other violence called "lighter" are punishable by fines of Police: to grab someone by the body, to slam a door on someone, to spit in someone's face ... 7
It is important to remember that apprehension of violence depends on values ​and standards in force in a society or a group at a given time. These standards can be institutional, legal, cultural or personal.
8
Various forms of violence •
• Physical violence (beating, abuse, murder ...): direct injury, body injury, injury against people, life, health, physical integrity or liberty • Political violence (terror, totalitarianism, genocide)
•
Economic violence It covers all damage to property, in their growing and almost infinite diversity. French people like so much their goods that they hardly tell the difference between WHO THEY ARE and WHAT THEY HAVE… They are less fearful about aggression than burglary, about violence itself than delinquency or crime against property. In this concept of economic violence, unemployment, exploitation of individuals or insecurity can also be integrated. • Emotional or psychological abuse Fashionable concept which is highly subjective and refers, in fact, to authority or abuse of language.
9
Why to resort to violence ?
10
The opposition between nature and culture refers to two concepts: • the former would refer to man in the rough that is to say, not yet changed by civilization, seen as a species; • the latter would designate the state in which man finds himself after his merger in societies forcing some thought, rationality which would control his impulses. 11
Original explanation ? As often happens in psychology, we will refer to ethology in order to find a rational explanation for violence. Some ethologists believe that an individual can not be governed solely by laws or customs but his personality would be partly determined by impulses. Animals only have primary brain. While changing from animal to human stage, the human brain is enriched with two other brains : neo cortex where is our intellect and limbic cortex where are our emotions. Therefore violence would be a remaining evidence of our animality, a sort of subsistence of original aggression. Ethologists clarify that, contrary to animals which aggressiveness do not meet inhibitions preventing them from mutual destruction, men rely on social and technical evolutions to liberate primary impulsivity. Obviously this explanation is only a small part of the understanding of the use of violence.
12
Cultural explanation ? According to a philosophical perspective, violence is used as a transgression of law, of the order ; it would be seen as a kind of emotional release, of negation against order and social constraints. Violence may also appear in certain religious rites: trance, sacrifice, torture, excision. The main difference between man and animal is pleasure that the former may feel while exercising violence. This therefore highlights that violence channeling is a matter of will, since man takes initiative of violence. Hence, except from recognized psychiatric disorders (e.g. schizophrenia), violence is not inevitable but a choice. 13
B) DRUGS
14
Addiction (Greek TOXIKON = poison and MANIA = madness) refers to more or less intensive and repeated use of toxic substances which is linked to physical and psychological dependence with inability to move from the use of drugs without shortage crisis. Tolerance phenomenon is when there is an increase of doses consumed to achieve the desired effect. Then there is a phenomenon of addiction. WHO definition Addiction is : • a urge to use the product = addiction • a psychological and / or physical dependence phenomenon • a tendency to increase the dose • negative impact on everyday’s life: emotional, social, economic…
15
Illicit drugs Heroin, cocaine, ecstasy, amphetamines, LSD, GHB, marijuana all are illegal drugs. These substances are part of a list of "prohibited drugs", that is to say they are forbidden. Narcotic is a legal term referring to all illegal drugs but also substances issued under strict surveillance. Usually a drug is illegal because it is dangerous. Despite serious problems they cause, tobacco and alcohol are legal partly because of attitude and value society assigns to them : alcohol is considered as a societal link associated with conviviality, feast, daily life. There are five major illicit drugs in France: cannabis, heroin, cocaine, ecstasy, crack.
16
Licit drugs Alcohol is a legal drug that regular consumption leads to a state of chronic intoxication known as alcoholism. France is the largest consumer of alcohol in Europe: there are 5 million heavy drinkers and 2 million dependents. Alcoholism is the third leading cause of death in France. In terms of dangerousness, alcohol is ahead of cannabis, at the same level as heroin or cocaine and before psychotropic drugs and tobacco. Le tabac: active smoking is an addiction which is a legal habitual use of tobacco resulting in a physical and psychological dependence with shortage crisis syndrome and withdrawal.
17
18
a) CANNABIS Cannabis use is in first position : it represents 3.9 million regular users. 50% uses sporadically. 40% uses in a problematic way 10% are dependents. When 16, the French young people are currently the biggest users in Europe. 38% of 15-16 years old at school have experienced at least one time cannabis 22% reported consumption during the month. Students are over-consuming cannabis, compared to the workforce.
19
b) HEROINE Heroine is a powerful opiate synthesized from morphine, and extracted from poppy. It is in the form of powder or granules to be crushed. Heroin can be snorted or injected intravenously or smoke. Effects: • Appeasement, euphoria, feeling of ecstasy, intense pleasure… • Dependence settles immediately. • Consumers rapidly feel the need to increase the dose to find ecstasy like at first.
20
c) COCAINE It is a psycho stimulant. Cocaine is extracted from coca leaves. It comes in a white powder, odorless. It is used nasally (snorting), smoked or injected intravenously. Crack is a derivative of cocaine mixed with baking soda or ammonia in the form of small pebbles. Consumer inhales smoke when heated. Crunches caused by heat are at the origins of the name. Crack effects are more intense and shorter than cocaine: excitement, feeling of omnipotence, euphoria, hyperactivity. These feelings last between 5 and 30 minutes depending on the mode of consumption.
21
d) LSD The lysergic acid diethylamide is a synthetic hallucinogenic extract from a fungus strong and active at very low doses. It is a white crystalline powder, odorless generally sold on the street as colored drops on blotting paper, sheets of gelatin or mixed with other substances such as sugar. LSD alters visual, auditory, tactile perceptions. These effects are felt 30 minutes after ingestion and lasts between 5 and 8 hours. Euphoria, exaltation, change in every sense, hallucinations, loss of contact with reality. 22
e) GHB Product initially used as an anesthetic in the treatment of sleep disorders, an aid to childbirth, or as an alternative to alcohol and opiates withdrawal. GHB can take the form of liquid, powder, capsules or granules to dissolve in water. It has neither smell nor taste if it is a slightly salty taste. It is sometimes used by bodybuilders because it stimulates brain which releases growth hormone excess. GHB effects are similar to alcohol such as intoxication, euphoria, but mixed with alcohol it develops amnesia and anesthetic effects as well as sexual dis-inhibition. This is the reason why it's called date rape drug. 23
f) ECSTASY It is a synthetic product composed of an amphetamine molecule. Ecstasy comes in tablets of different colors and shapes, decorated with a pattern or logo. Ecstasy gives a feeling of well-being, euphoria, pleasure, exacerbation of senses, a feeling of greater understanding of each other during a period of time ranging from 2 to 4 hours. 24
C) LEGISLATION AND CRIMINALIZATION OF DRUGS
25
The drug causes between 7000 and 9000 deaths each year in Europe. If in the 70’s, Heroin was the drug most consumed, the emergence of synthetic drugs, ecstasy, GHB, LSD ... diversified consumption and increased the number of consumers. Cannabis make ravage especially amongst young people. DROGUE ET VIOLENCE
26
27
European countries have different policies regarding legislation and criminalization of drugs. Drug consumption or possession for personal use regarding cannabis (considered as a soft drug) is rarely sanctioned in Germany, in Denmark, in Netherlands, in Portugal and in the United Kingdom. Italy is the only country in Europe to have decriminalized personal use of drugs. However, Drug trafficking is punishable in all European countries. The most severe sanctions are in United Kingdom. Each country has its own laws regarding penalization. It takes into account production, quantity of drugs in possession of consumer to distinguish if it is traffic or personal use. Some countries classify drugs: soft and hard drugs and penalties will be based on this classification. 28
Narcotic laws classify drugs into three categories, categories I and II may be prescribed under medical treatment: Category I: Drugs not allowed to be traded such as, for example, cannabis or heroin; Category II : Drugs can be sold but that cannot be prescribed under medical treatment (e.g. THC, dexamphetamine) Category III: Drugs marketable and can be medically prescribed, for example, amphetamines, codeine, cocaine, methadone, morphine and opium. 29
FRENCH LEGISLATION related to CRIMES VIOLATION
PENALTIES INCURRED
Use of drugs
- Maximum penalty: one year in jail and a fine of 3750 euros - Additional Penalty: awareness training on dangers of drugs use
Incitation for use or drug trafficking, advertising or incitement or a favorable presentation of products classified narcotics even though incentive had no effect
5 years in jail and a fine of 75 000 euros
-Incitation a minor use of drugs -- Aggravating circumstance: Incitation of a minor under 15 years old or acts committed in a school or thereabouts
- 5 years in jail and a fine of 100 000 euros - 7 years in jail and a fine of 150 000 euros
- Incitation a minor in drug trafficking (transport, offer‌) - 7 years in jail and a fine of 150 000 euros
- Aggravating circumstance: Incitation of a minor under 15 years old or acts committed in a school or thereabouts
- 10 years in jail and a fine of 300 000 euros - Detention, transport, offer, sale, acquisition, use of narcotics 10 years of jail and a fine of 7 500 000 euros - Facilitation of use; - Illegal importation or exportation DRUG AND VIOLENCE
30
FRENCH LEGISLATION related to CRIMES INFRACTION
PENALTIES INCURRED
- Production or making illegal drugs
- 20 years in jail and a fine of 7 500 000 euros
- Facts committed by an organized gang
- 30 years in jail
Importation or exportation of illicit drgus by an organized gang
30 years in jail and a fine of 7 500 000 euros
Management of a group or organization having a purpose of production, manufacturing, import, export, transport, possession, supply, transfer, acquisition or use of narcotics
Money laundering during management or organization of a group whose purpose is production, manufacturing, import, (...) drug
Jail for life and a fine of 7 500 000 euros
20 years in jail to jail for life and a fine of 7 500 000 euros
DROGUE ET VIOLENCE
31
FRENCH LEGISLATION related to DRIVER UNDER DRUGS INFRACTION
PENALTIES
Use of drugs
Jail : 1 year fine of 3 750 €
Driving under drug effects
Jail: 2 years fine of 4 500 €
Driving under drug and alcohol effects
Jail: 3 years fine of 9 000 €
Injuries by negligence with less than 3 months of work stoppage due to a driver under drug effects
Jail : 3 ans fine of 45 000 €
Injuries by negligence with less than 3 months of work stoppage due to a driver under drug effects or another aggravating circumstance Or
Jail: 5 years
Injuries by negligence with less than 3 months of work stoppage due to a driver after drug consumption
fine of 75 000 €
Injuries by negligence with more than 3 months of work stoppage due to a driver under drug effects or another aggravating circumstance ou Murder by negligence due to a driver under drugs effects
Murder by negligence due to a driver under drugs effects or another aggravating circumstance DROGUE ET VIOLENCE
Jail : 7 years fine of 100 000 €
Jail: 10 years fine of 150 000 €
32
UK legislation on drugs
Maximum penalty Offense
Category A
Category B
Category C
Prossession of
7 years in jail
5 years in jail
2 years in jail
controlled
and/or penalty
and/or penalty
and/or penalty
drug
33
British repression of drug trafficking
Maximum penalty Offense
Category A
Category B
Category C Currently : 5 years in jail
14 year in jail
and/or penalty
and/or penalty
Proposition : 14
Production of
Jail for life
controlled drug
and/or
years injail
unlimited
and/or penalty
Controlled drug trafficking
penalty Id.
Id.
DROGUE ET VIOLENCE
Id.
34
II DRUGRELATED VIOLENCE
35
A) Domestic violence To consume drugs presents a danger for oneself but also to one’s inner circle. Effects and dangers vary depending on used products but primarily on psychological and physical consumer ‘s state. We note that drug is often linked to personal story, to state of health, family environment .. a sensitivity.
36
• Child abuse Children living with drug addicts are frequently abused. In France, every year, 95,000 children are reported as in child abuse, 19 000 are actually abused. (57,000 worldwide). There are: physical violence, deprival of food and care, emotional lack, and sexual abuse and incest. • Violence within the couple According to the National Survey on Violence Against Women, 1 out of 10 women declared being victims of violence against his spouse. In 2004, 211 people died in France because of this abuse, in 1 out of 3 cases, this violent death is due to a partner being under drug influence. 37
B) ROAD VIOLENCE IN 2010 3992 people died on roads 992 young people aged between 15 to 24 years old were killed on roads 80% are male 90% of accidents are caused by human factors : speed and excessive consumption of alcohol IN 2011 3970 people died on roads (decrease of 0.5%) Alcohol is the first cause of death amongst young people: 39.8% killed on roads in 2011. 38
C) URBAN VIOLENCE AND ASSAULT : Urban violence is generally defined as an explosion of collective violence from people who felt humiliated by disadvantaged institutions. This violence may have several causes: - unemployment ; - precariousness ; - authority abuse ; - difficult family situations ; - addiction. 39
Assault In criminal law, assault is violence against a person without injury or physical blow. An assault may involve act of disobedience to law representative, insult, threat or attempted murder or aggression. Today, in some areas, called sensitive due to unemployment and low income, aggressive behaviors from young people can be noticed. These aggressive behaviors are exacerbated by alcohol facilitating integration into a group and leading to escalation of violence amongst young people: burned cars, destroying property, fighting and assault: noise, insult, threat .. These behaviors appeared because of incomprehension feeling, anxiety about future, family breakdown, lack of support. 40
III - IMPACTS OF SUBSTANCE ABUSE ON HUMAN BEINGS AND HEALTH 41
A) IMPACT ON HUMAN BEING - Family breakdown - School leaving - Delinquency - Marginalization - Difficulty of insertion - Risky sexual behaviour (unprotected sex, prostitution) - Rape
42
B) HEALTH IMPACT
- Psychological disorders - Chronic disease: cancer, AIDS, hepatitis C, STIs (Sexually Transmitted Infections) - Suicide - Premature death (overdose, disease)
43
C) Socio - economic impact • Insecurity • Unemployment • High cost for Health economy (Occupational accident, compensation) • Decrease of productivity for firms (absenteeism, incompetence inattention) • Decrease of household incomes (cost of drugs). ASSESSMENT QUIZZ 44