News (Media Awareness Project) - US HI: Editorial: New Drug Law Has Good Tools, And Bad |
Title: | US HI: Editorial: New Drug Law Has Good Tools, And Bad |
Published On: | 2003-08-25 |
Source: | Honolulu Advertiser (HI) |
Fetched On: | 2008-08-24 13:16:48 |
NEW DRUG LAW HAS GOOD TOOLS, AND BAD
The expansion of the drug "hot line" to the Neighbor Islands is a welcome
addition to the statewide battle against drug use.
But the law that created the hot line (part of a new nuisance abatement unit
within the attorney general's office) still poses troublesome issues in the
effort to balance law enforcement against rights of individuals.
Going after drug users or sellers under the nuisance law is generally
considered easier than direct criminal prosecution, because the burden of proof
is lower. If authorities -- or even neighbors -- can convince the court that
the drug activity amounts to a "nuisance," the users can be forced to cease or
move out.
So far, so good. But the law also allows authorities to force landlords to
evict drug-using or -dealing tenants. Failure to act could result in fines or
even jail time.
That's fine in theory. But as any landlord will tell you, it is hard to get
people out even when their only offense is to be behind in their rent. Drug
users and dealers are, by definition, not that respectful of authority.
And in the case of dealers, they can also often be violent.
It's appropriate to use the nuisance statute against the people who are doing
or dealing drugs. But calling on the landlord to do the work of law enforcement
goes too far.
The expansion of the drug "hot line" to the Neighbor Islands is a welcome
addition to the statewide battle against drug use.
But the law that created the hot line (part of a new nuisance abatement unit
within the attorney general's office) still poses troublesome issues in the
effort to balance law enforcement against rights of individuals.
Going after drug users or sellers under the nuisance law is generally
considered easier than direct criminal prosecution, because the burden of proof
is lower. If authorities -- or even neighbors -- can convince the court that
the drug activity amounts to a "nuisance," the users can be forced to cease or
move out.
So far, so good. But the law also allows authorities to force landlords to
evict drug-using or -dealing tenants. Failure to act could result in fines or
even jail time.
That's fine in theory. But as any landlord will tell you, it is hard to get
people out even when their only offense is to be behind in their rent. Drug
users and dealers are, by definition, not that respectful of authority.
And in the case of dealers, they can also often be violent.
It's appropriate to use the nuisance statute against the people who are doing
or dealing drugs. But calling on the landlord to do the work of law enforcement
goes too far.
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