The effect of integrated complexity in judges' decision making on sentencing for drug abusers: between rehabilitation and punishment

Abstract

Background: The sentencing of drug offenders, particularly drug abusers, remains a complex issue within the criminal justice system. Despite the potential for rehabilitation, court decisions often result in imprisonment. This research examines the factors influencing judges' sentencing decisions in drug abuse cases, particularly how these decisions align with principles of justice and proportionality. Methods: This study employs a qualitative approach, analyzing case verdicts and interviewing legal practitioners to explore the rationale behind judicial decisions. Key factors, such as prosecutor demands, judge composition, and the involvement of expert witnesses (e.g., doctors), were assessed to understand their impact on sentencing outcomes. Findings: The study found that the primary factors influencing judicial decisions are prosecutor demands, judge composition, and the presence of a doctor as a witness. The presence of a medical expert increases the likelihood of a rehabilitation sentence, as all cases involving a doctor witness resulted in rehabilitation orders. Prosecutors, however, tend to apply article 112 of the criminal code, typically used for drug couriers and distributors, which often leads to imprisonment for abusers. Additionally, the study revealed that judges rarely employ an integrated complexity approach, which would involve evaluating additional evidence and broader considerations beyond the prosecutor’s charges. Consequently, sentencing outcomes often lack proportionality, leading to adverse effects for drug abusers, such as exposure to violence and health risks in prison. Conclusion: The findings indicate a need for judges to adopt a more integrated and proportional approach in sentencing decisions for drug abusers. Instead of retributive punishment, rehabilitation could serve as a more just and effective alternative, better aligned with the nature of drug abuse as a victimless crime. Novelty/Originality of this article: This research offers novel insights into judicial decision-making by highlighting the limitations of current sentencing practices for drug abusers and advocating for a shift toward rehabilitation. The study underscores the importance of integrated complexity in judicial reasoning to enhance fairness and address the unique nature of drug abuse cases within the justice system.