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A man who gave his friend a lethal injection of heroin has been jailed for four years. Mantas Cepas, 33, a Lithuanian national, admitted supplying the drug and the manslaughter of his friend. Mr Millington was an alcohol and drug user, but the court heard this was the first time he had chosen to inject the drug. In court on Monday, the judge said Cepas would spend two years in prison, following by two years on licence. She said that heroin was an unpredictable and 'very dangerous' drug. The court also heard that Mr Millington's death was as a result of the alcohol, heroin and benzodiazepine found in his system. Cepas had an address at Cowan Street, Newry, at the time of his friend's death. The prosecution told the court that Mr Millington and Cepas had been drinking with their girlfriends at Mr Millington's flat and they had had 'two to three litre bottles of vodka. At one point, Mr Millington left the flat to get more drink. Police officers saw him wearing flip-flops in January and brought him back home. Cepas left and returned 'visibly affected by drugs Cepas went to the bathroom where he prepared the drug. Mr Millington then tapped his own arm looking for a vein before asking his friend to inject him. The lawyer said Mr Millington's girlfriend saw the amount in the syringe and told Cepas: 'That's too much. A few seconds after the drug was administered, Mr Millington's eyes rolled back and he slumped over. Both Mr Millington's girlfriend and Cepas tried to rouse him, but when this was unsuccessful, an ambulance was called. When arrested, Cepas admitted buying the heroin for Mr Millington and told police his friend asked him to administer it. He told police he tried to help Mr Millington after he collapsed and that he did not think the amount of heroin was too much. His friend's death had left him 'in shock' and he was sorry, he said. His defence barrister said his client's remorse was genuine and that Cepas had tried to revive his friend: 'But unfortunately it was too late. The judge ordered that while on licence, Cepas should take up a place on programmes designed to tackle drug addiction. In this case, Mantas Cepas both supplied and administered the lethal drug that cost Stephen Millington his life and he will rightly serve time behind bars for his crime,' said PSNI Detective Superintendent Rachel Shields. She said that she hoped the sentence would 'bring some small measure of comfort to the Millington family. Skip to content. US Election. Multiple drugs. Cepas injected his friend with heroin which he had bought. Police have welcomed the sentence handed down to Cepas.
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Boy, do not touch that plug: The table of drug use in Ecuador in the light of critical criminology. Abstract: In Ecuador, some political operators achieved a legal disposition that allows high amounts of illicit substance consumption without addressing the other parts of the production and distribution chain. Although the defenders of the consumption table use sources of critical criminology, it is observed that such an approach is not relevant without addressing the context, that is: the criminal situation and the apparatuses of social control in operation. This article points out the danger of: a allowing an undesirable increase of the criminal opportunity, b erroneously assuming that the consumption table will lead to abolition,c confusing the existence of a process of criminalization ofthe subordinate sectors with converting the delinquent in a political actor of democratic change. At the same time, several researchers indicated how the relationship between the decree of the tenure or consumption table and the increase in criminal activities took place. Keywords: consumption tables of illicit substances, criminal situation, critical criminology, abolitionism, Ecuador. In Ecuador, the drug policy is constitutive to the action of the State. This is largely explained by the fact that most of the coca and cocaine in the world is produced in neighboring or nearby countries: Colombia, Peru and Bolivia. This puts this small Andean nation at the center of the global trafficking of illegal substances. As a result, acute seizure peaks occur in coastal and border areas of the country. Main objective of domestic market of illicit substances are consumers in the most important urban locations. This market in Ecuador is called 'micro-trafficking'. In this country, drug addiction is considered a public health problem, so the State is responsible for developing information, prevention and control programs on the consumption of narcotic and psychotropic substances, as well as offering treatment and rehabilitation to occasional, habitual and problematic consumers Asamblea Constituyente: The constitutional framework warns against criminalizing consumption and states the need to treat this problem from an 'integral' approach. This led to a debate within CONSEP about the nature of consumption, which resulted in the enactment of a tolerance or tenure table for consumers. Previous to this table, all tenure was considered illegal. For example, it allows possession in a single person of 20 marijuana doses, 10 lines of cocaine, 20 doses of base paste and, in the case of heroin, another 20 doses. The table does not present limits of periodicity, nor of mixture of substances. Which would mean that, for example, a person could be authorized to consume, in a single day, 20 doses marrow or bundles of marijuana and 10 lines of cocaine, renewable the next day. The arguments favorable to this relatively high consumption table are usually taken from authors and reflections of critical criminology and other subsidiaries. This article will analyze the theoretical problems and the evaluation of policies, based on the same critical premises, produced by implementing this consumption table without attending to relevant empirical studies. Authors who favor the current table maintain the need to tolerate relatively high doses of tenure for main illicit drugs. The following are the basic arguments:. This follows from the practical observations of the application of the law in the case of Daniel L: Having widely exceeded the tenure allowed by the same defended table, it is considered that the imprisonment of Daniel L. Hence, the quantities for their supply can exceed the permitted thresholds according to the policies of their States. Ecuador has not been the exception. The administration of justice has reported incidents of arrests and convictions of simple users, as occurred in the case of Daniel L. This distortion of the penal system can be repeated, since the 'counter-wave' reduced the margins from to 20 grams in cases of possession of cannabis for small-scale trafficking' Paladines: , p. On the contrary, the tenure of high doses would make more difficult the criminalization of the consumer and poverty. So it would reduce the penitentiary population. The mere fact of being imprisoned means pain, or punitiveness. Therefore, imprisonment is a penalty, a pain that possibly has no limits against reason or the same legal system In the middle of this debate, Ecuador tightened the nut of its criminal policy on drugs' Paladines: , p. The strongest criticism points to the centrality of the punitive as a strategy that, on the contrary, it has contributed to a further deterioration of States and societies. Various sources investigated the impact of the consumption table on criminal activities, incarcerations and on the dynamics of control of territories by crime in small territories. This was possible thanks to the fact that the validity date of the consumption table allowed a before and after on a relatively constant set of variables of criminal policy and criminometric instruments. The second was also carried out inter-agential team but this time, between the National Secretariat of Science and Technology and the Ministry of the Interior Castro Aniyar: ; In the first place, it is demonstrated, based on the dynamics of the police and military action of that period, that the crimes registered in the 20 most violent territories of the country are almost directly proportional to the activity caused by the market of illegal substances. It happens clearly in the curves 'drug cases', 'seized drug', 'drug detainees' and even 'homicides', which we use to measure 'violence': the greater the conflict, the greater the activity linked to illegal substances. These territories are not, for the most part, territories of large-scale trafficking, but are constitutive of the urban fabric of the large cities where micro-trafficking activities prevail over those of drug trafficking for export. The described categories are shown below:. Own graph from Anti-drug Direction et al. These two tables show that the greater the large drug and micro-trafficking activity, corresponds to a greater common crime behavior, in the territorial axis. This is confirmed in another quantitative-qualitative research aimed at small territories Castro Aniyar: There it was visible that the activities of the same drug traffic in small scale generate means of strategic appropriation of the territory that facilitate the commission of crimes and their expansion in the neighborhoods and cantons of Ecuador. The applied instruments showed that high tenures favor micro-trafficking, since the simultaneous possession of one person a day of 20 bundles of marijuana, 8 lines of base dough, 4 lines of cocaine and 20 doses of local heroin, was an appropriate context for the development of camouflaged micro-trafficking and not consumption. In this investigation, ethnographic observations, police interviews and composed cognitive maps applied showed that simulated consumers can sell several times the same amount of 10 grams, for example, of marijuana, per day. Since each package of 10 grams of creepy marijuana can cost around 12 dollars in the neighborhood market and, since this amount, multiplied by working days, is close to an Ecuadorian minimum wage per month, the market looks attractive, this is, without considering other drugs, distribution networks, political gains, or other strategies to reduce costs Castro Aniyar: 2. Triangulating the previous information with the timeline, the same one in which it is possible to observethe concrete effect of the consumption table, it is obtained that, all the micro-trafficking activity, including the apprehensions of people, increased clearly from July of the The following figure shows how seizures increased, only at the micro-trafficking level, as of the 2nd semester of , the date on which it is possible to observe the effects of the resolution table CONSEP- CO The following figure shows the before-after increase in arrests for micro-trafficking heroin the 'H'. Ministerio del Interior, Worryingly, this increase in detainees particularly affects the elementary schools of Ecuador in the period studied:. Figure 6 Increase of Reports on Microtrafficking from citizens. In advance we apologize for the brevity of the following strokes for the purposes of this article: Very roughly, we call critical criminology a set of authorial theories and matrices that began with the approaches initiated by the Labeling Approach and the New Criminology in the 60 and 70 of the twentieth century, which evolved into other streams such as abolitionism, left realism, critical criminology proper and minimal criminallaw. Because this integrative intention of the same critical criminologists, it is possible to identify the previous theories with them. These common frameworks of interpretation consist fundamentally in four visible aspects:. Opposition to positivist theory and epistemology through the epistemological integration of the object relationship delinquent and delinquency, fundamentally with the subject social control system, penal system, criminal science, knowledge-science, socio-economic structure , in addition to other transversal variables police, gender, victim, white collar, etc. This integrating vision allowed us to approach a structural knowledge of the criminal phenomenon that opens the doors to previously impertinent questions in criminology, such as: To what extent is the definition of crime and deviance affected by historical, circumstantial and situational structures of power? How are the definition of deviance and delinquent not tautological but the result of a system of social and criminal control? How efficient is the criminal justice system and its inculturation? How criminal justice system responds to stereotypes and needs for social control over the idea of justice? Is there another way to measure justice? The notion of 'criticality' was taken from the Frankfurt School or Critical Theory, which had allowed to develop a theory of knowledge of greater scope than the hitherto omniscient positivist theory of science. This 'greater scope' comes from the integration of the new ideas about subject: iusnatualism, communication, the nature of the scientific, the investigator and the investigation and the investigated facts. To this article purpose, main consequence of this approach would be the possibility of understanding the criminal phenomenon from the theories of power. Another source common to this criminology, although not always fully consistent with later authors, is thework of Marxians such as Michel Foucault Foucault: ; ; In particular, this author interrogates power and its institutional reflexes as an inseparable part of historically constructed knowledge, in light of prevailing modes of production and epistemic interactions, such as those derived from language. The ideas of deviation and norm, so precious in critical criminology, have their origin in the Foucaultian approach. Some approaches of critical theory suppose, like Foucault, that the structural distribution of knowledge and power in the exercise of justice is an incontrovertible fact within epistemic time, due to the nature of the historical- symbolic structure that gives meaning to the power and its institutional reflexes Zaffaroni: Therefore, these approaches are very careful of the use of the term criminal policy Zaffaroni: In the context of this literature much of the basic reflection of critical criminology on modernity is established to date: 'the growth of the crime rate, the revelation ofinvisible victims, previously ignored phenomenon, the problematization of the definition, and the growing awareness of the universality of crime and the selectivity of justice ' Young: , pp. One of the theories that flowed into critical criminology is abolitionism. In particular, this theory must be referred to understand the problem of consumption tables in Ecuador, since it is directly and indirectly referred by the authors promoting the consumption table in a central way. The arguments in favor of the consumption table in the light of critical criminology. This directly contradicts the arguments corresponding to the literal e, h and j, since police activity and criminalization processes did increase, precisely, under the influence of the defended table. The policy of the tables, independently of its intentions, had a clear impact on the increase in police activity throughout the territory and in the number of people apprehended, which would possibly generate higher costs to the prison system, contrary to what exposed in the literal e. From a critical perspective, it would imply an increase in the social control capacity of the State over society, since the increase in activity brings in response to a greater invasion of the police in the life worlds of citizens. As a consequence, if the anti-drug activity, apprehensions, the police presence and, in addition, the territorial control of the criminal undertakings over the small territories grew, as can be seen from the second investigation, it is logical to presume that the policy also contributed to the criminalization of the simple consumer, both in the police-institutional imaginary, and in that of the neighbors. In other words, the arguments corresponding to the literals c, e and f would also be contradicted, as regards the processes of social labeling Cohen: ; Becker: ; Aniyar de Castro: In relation to this angle, the defenders assign rights to the consumer 3 , as it is understood from literal b, and therefore, it would correspond to protect their 'autonomy of their will or free personal development', as it is understood from literal a. But this is a contradiction from two points of view:. First, it is a falsification of the Ecuadorian doctrine, which does not interpret the consumption of illegalsubstances as an act of political freedom, but associated with addiction, which is a public health problem National Assembly: Art Second, by presuming that the consumer's right must be protected because it is an act of political freedom,the consumer is being assigned a political role as an object of oppression and, therefore, a subject of redemption. This is extremely dangerous. In a real sense these groups were becoming politiziced, and it was and still is impossible for any sociologist to avoid trying to make sense of these developments. Cohen points out to the dangers of thinking on complexity through a mechanic and simplistic etiology. Thus, not always restraining the causes produces consequences disappear. Micro-trafficking is not a 'minor' evil, as it is understood from literal d. It is an actor-protagonist of the crime in the micro-spaces, which affects in an extended way to almost all the population of the country, above all, in the corresponding urban conglomerates. This is a crucial problem in situational criminology, which gives prominence to a criminal policy, fundamentally preventive, based on micro spaces. Evidence suggests that a small group of people, actors from small territories, are responsible for producing an important part of the reported crimes of an urban conglomerate Sherman: , p. It implies, precisely, one of the most interesting meeting points between situational and much of the critical criminology authors: for them, prevention in small territories is the fundamental criminal policy. Only from the capacities of the institutions and community to understand the focal dynamics of crime, efficient solutions can be implemented for the reduction of crime. However, the increase in the criminal problem provoked by the table, represents a vertical and disconnected State intervention, which seemed to generate an imbalance of forces in the small territories, made prevention more difficult and contradicts, for so, the same abolitionist spirit. The last literal to analyze is the i, which refers to the abolitionist position by which all punishment is irrational in itself. According to the argument, the table of high tolerances would be positive. However, this idea must be inscribed in the general definitions of abolitionism to be properly understood. In the words of Louk Hulsman, the criminal justice system as a whole has proved ineffective in late capitalist 'non-traditional' societies, despite the fact that, in the absence of alternatives, it has a sort of monopoly of legitimacy:. The abolitionists do not propose simple abolition, but one in which criminal justice and its institutions withdraw to give way to civil justice, that is, a net of alternatives and political and institutional actions that, from the world of social fabrics, give responses to the problems themselves, to the real events that gave meaning to the existence of punishment in the context of their situation. It would be useless to justify decriminalizing large grammage of drug tenure if this do not lead to society generating, in an interpersonal or institutional manner, alternatives to the problems posed. Therefore, the simple criticism of punishment or penalties is insufficient in itself, as stated in literal. The denunciation made by the abolitionists of the ineffectiveness or irrational cruelty of penalties is notintended simply to get rid of them but, in terms of the same author cited by the defenders of the table, to warn about the dangers of a society that does not find different means to solve their problems but through excessive means, such as punitive inflation:. On the contrary, living in large scale societies will sometimes mean living in settings where representatives of law and order are seen as the essential guarantee for safety. Not taking this problem seriously serves no good purpose. All modern societies will have to do something about what are generally perceived as crime problems. States have to control these problems; they have to use money, people and buildings. What follows will not be a plea for a return to a stage of social life without formal control. It is a plea for reflections on limits. Abolitionism, as can be identified, is not an enemy of public policy or civil justice. It leads one to think that decriminalization should not be synonymous with isolated actions. It must involve processes ofdecentralization and deformalization of concrete actions. Abolitionism does not welcome State decisions from the distance, which do not address the real situation where problems occur. In the context of the economic pressure generated by poverty and the specific Ecuadorian criminal enterprises associated with micro-trafficking, it is more coherent to propose, for example, a system of assisted legalization of consumption and of other chains of the market of illegal substances. In other words, it would be more coherent with abolitionism to propose the legalization of substances, preparing the empirical, participatory, horizontal and situational foundations for this, instead of vertically acting on a small and isolated part of the problem. The tenure table, designed with the intention of tolerating consumption, contrary to what its designers intended, produced undesirable effects in the increase of illicit activities of drugs, more apprehensions, and a conflictive territorial control of criminal enterprises in small territories of Ecuador. As a consequence, it is possible to estimate an increase in labeling criminalization, greater vulnerability of citizen guarantees of consumers and a greater associated presence of the police at the civil fabrics. These results are contrary to the premises of critical criminology, whose theoretical framework was usual in the justifications of the same defenders of the tables. From the situational perspective, the tenure table introduced other problems: It allowed a consumption of10 to 20 personal doses per day, without contemplating the possibility of mixing drugs, while completely prohibiting the cultivation, transportation and the market for the same substances. This situation is produced in a country which borders are permeable of the larger amounts of drugs for export in the world, which northern border is noise-to-noise near of important production centers generating residual products, susceptible to micro-trafficking at an attractive price in domestic market. This situation generated the opposite effect to desired: The tenure camouflaged the domestic traffic and became an unwanted escape valve for the economic pressure generated by the drug business inside Ecuador. The situation allowed the criminal opportunity. In simple words, a lesson can be harvested: before implementing the policy, it is a priority to diagnoseadequately, understand the criminal situation and stick to it. Since the child wanted to put his finger in the plug, it was simply necessary to prevent him from doing so blocking the plug, changing the wiring, lowering the system , before the accident. This approach is not at all contrary to critical criminology, and has been warned by some of its most important founders, fundamentally in the so-called left realism:. To that end, it was proposed as necessary to work at the theoretical level, at the level of empirical research and at the level of concrete policies At the academic level, empirical studies must be developed that are well-founded, to break the current trend of an a-theoretical empiricism and an a- empirical theory The reforms of the criminal justice system were fundamental to raise the struggle for the 'law and order'. For this reason, they would be especially concerned with the study of police strategies' Anitua: , p. It is evident that critical criminology, in its lax sense, has very different angles, which do not end in left realism. Some of these angles leave in the shade the centrality of the crime problem to refocus the social reaction and the reflections of power. It is even possible to think that critical criminology decentered crime reduction, as it has been discussed and has been proposed Pavlich: This simple premise, seems to entail the obligation of a criminology oriented to empirical evidences about the dynamics of crime, both to reduce it and to indicate the perversions of the social reaction and its institutions:. With this example, we argue in favor of the need in Latin American criminology to turn the regard towards an empirical perspective, respectful of the meaning of the situation and the criminal opportunity, that allows us to integrate the evaluation of the specific context of the victim, the stable formulation of criminal policies centered in the reduction of crime and justice in an extended way, as well as the protection and expansion of civil guarantees. This is not contradictory to recognizing the structural sources of power and social control that determine the selectivist nature of the crime justice system. Advisor of the Ecuadorian National Police. Buenos Aires. Editores del Puerto. Ediciones Nuevo Siglo. Facultad de Derecho. Universidad del Zulia. Asamblea Constituyente Asamblea Nacional. Introducao a Sociologia do Direito Penal. Freitas bastos Editora. Rio de Janeiro. Kosovswi, Ester coord. Enfoque Interdisciplinar. Sociedade brasileira de vitimologia. Universidade Federal do Rio de Janeiro. Douglas Ed. New York. Revista Espacio Abierto. Informe Final Prometeo. Ediciones Uleam. Crime Control as Industry. Towards Gulags, Western Style. London, New York. Limits to Pain. Martin Robertson. Against Criminology. New Brunswick, London: Transaction Publishers. Ministerio del Interior. Sozzo, Maximo coord. Edit Ad Hoc. Gedisa editorial. Serie Cla-De-Mah. Ariel Derecho. Universidad Central de Chile. FQS Journal. Volume 3, No. January Freie Universitat Berlin. Ministerio del Interior ONUDC Julio Friederich Ebert Stiftung Ecuador. Proyecto Drogas y Democracia. Revista Defensa y Justicia. Ni Enfermos ni Delincuentes. Diario El Comercio. Cambridge University. University of Maryland. Inter-American Development Bank. Prepared for the National Institute of Justice. Siglo XXI editores. The Criminology of Place. Street Segments and our Understanding of the Crime Problems. NY: Oxford University Press. Ad Hoc. Editorial Hammurabi. Freie Universitat Berlin Ministerio del Interior Buenos Aires Notes 1 The italics are ours. The consequence would be to 'whitewash' these people. Rather taking sides would be inevitable, and therefore one must ask: 'Whose side we are on'. BECKER continues on that state it happens naturally in the course of research that we develop a deep sympathy for the people we study so that we believe in the conviction-against the rest of the society-that the deviants are at least as good as all the other people, 'more sinned against than sinning' BECKER: , p.
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