Depenalization, diversion and decriminalization: A realist review and programme theory of alternatives to criminalization for simple drug possession

Abstract

Alternatives to criminalization for the simple possession of illicit drugs are increasingly of interest to policy makers. But there is no existing theoretically based, empirically tested framework that can inform development and evaluation. This article presents a realist programme theory of such alternatives. It bases this on a realist review, which followed the Realist and Meta-narrative Evidence Syntheses: Evolving Standards (RAMESES). It describes the systematic process of searching the literature in English on nine relevant countries (Australia, Czech Republic, Denmark, Germany, Jamaica, Netherland, Portugal, the UK, the USA) for information on alternative measures in three categories: depenalization; diversion; and decriminalization. It shows how these measures – in theory and in practice – combine with pre-existing social conditions and institutional contexts to trigger mechanisms across three causal pathways (normative; criminal justice; and health and social services). It shows how some posited causal processes are more empirically supported than others. Alternative measures can reduce harms imposed by criminal justice processes without increasing drug use or related health and crime harms, but this depends on specific combinations of contexts, mechanisms and outcomes.

Desistance from criminalisation: police culture and new directions in drugs policing

“…Research suggests that '[t]he most direct way in which the police can reduce harm is to stop imposing criminal records and other punishments which harm people' (Stevens 2013, p6). International reviews show that diversion can improve health and wellbeing, as well as reduce offending and criminal justice costs, without increasing drug use (Eastwood et al 2016, Neyroud 2018, Stevens et al 2019. Promising evidence is emerging from evaluations of diversion schemes operating in England (Spyt et al 2019, Weir et al 2019).…”

“…There are diverging views on drug policy among the international community and change is afoot in many parts of the world (Bewley-Taylor 2012, Hall 2018. Globally, alternatives to criminalisation for possession of illicit drugs have materialised via a range of depenalisation, diversion and decriminalisation measures (Eastwood et al 2016, Stevens et al 2019. In Europe, Colson and Bergeron's (2017) edited collection traces a gradual policy convergence and the emergence of a model favouring public health strategies over a strictly penal approach to drug problems.…”

“…They operate through 'combinations of contexts and mechanisms within the structural and cultural conditions of social systems' (Stevens et al 2019, p. 4). In their realist review and programme theory of alternatives to criminalisation for simple drug possession, Stevens et al (2019) argue that the culture and priorities of the police provide an important context because they affect implementation. My research supports their argument and extends it by demonstrating that the police can be a driver of reform.…”

Drug offence detection during the pandemic: An ARIMA analysis of rates and regional differences in Queensland, Australia

“…This is most likely to manifest as an increase in the frequency and quantity of use among existing users, but there is also some potential that new drug users might emerge in the context of the pandemic (Dietze & Peacock, 2020). Of most concern is the disproportionate impact that unemployment and social isolation will have on pre-existing drug users who are a disadvantaged population (Bonn, 2020) that already experience significant social and personal consequences of their drug use (Human Rights Watch, 2016;Stevens et al, 2019). Further, being known as a 'junkie' or 'addict' (Joyce et al, 2019) is already associated with a range of socially isolating and stigmatising effects and so COVID-19 may serve to exacerbate existing drug use trajectories.…”

What happened to drug detections and drug-offences during the early months of the COVID-19 pandemic: A comparison of recorded offence rates and dynamic forecasts (ARIMA) in Queensland, Australia

“…This is most likely to manifest as an increase in the frequency and quantity of use among existing users, but there is also some potential that new drug users might emerge in the context of the pandemic (Dietze & Peacock, 2020). Of most concern is the disproportionate impact that unemployment and social isolation will have on pre-existing drug users who are a disadvantaged population (Bonn, 2020) that already experience significant social and personal consequences of their drug use (Human Rights Watch, 2016;Stevens, Hughes, Hulme, & Cassidy, 2019). Further, being known as a "junkie" or "addict" (Joyce, Sklenar, & Weatherby, 2019) is already associated with a range of socially isolating and stigmatising effects and so COVID-19 may serve to exacerbate existing drug use trajectories.…”