A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence.
New Rule: Stop pretending your drugs are morally superior to my drugs because you get yours at a store. This week, they released the autopsy report on Anna Nicole Smith, and the cause of death was what I always thought it was: mad cow. No, it turns out she had nine different prescription drugs in her—which, in the medical field, is known as the “full Limbaugh.” They opened her up, and a Walgreens jumped out. Antidepressants, anti-anxiety pills, sleeping pills, sedatives, Valium, methadone—this woman was killed by her doctor, who is a glorified bartender. I’m not going to say his name, but only because (a) I don’t want to get sued, and (b) my back is killing me.This month marks the thirty-fifth anniversary of a famous government report. I was sixteen in 1972, and I remember how excited we were when Nixon’s much ballyhooed National Commission on Drug Abuse came out and said pot should be legalized. It was a moment of great hope for common sense—and then, just like Bush did with the Iraq Study Group, Nixon took the report and threw it in the garbage, and from there the ’70s went right into disco and colored underpants.This week in American Scientist, a magazine George Bush wouldn’t read if he got food poisoning in Mexico and it was the only thing he could reach from the toilet, described a study done in England that measured the lethality of various drugs, and found tobacco and alcohol far worse than pot, LSD, or Ecstasy—which pretty much mirrors my own experiments in this same area. The Beatles took LSD and wrote Sgt. Pepper—Anna Nicole Smith took legal drugs and couldn’t remember the number for nine-one-one.I wish I had more time to go into the fact that the drug war has always been about keeping black men from voting by finding out what they’re addicted to and making it illegal—it’s a miracle our government hasn’t outlawed fat white women yet—but I leave with one request: Would someone please just make a bumper sticker that says, “I’m a stoner, and I vote.
Some of the most evil human beings in the world are psychiatrists. Not all psychiatrists. Some psychiatrists are selfless, caring people who really want to help. But the sad truth is that in today's society, mental health isn't a science. It's an industry. Ritalin, Zoloft, Prozac, Lexapro, Resperidone, happy pills that are supposed to "normalize" the behavior of our families, our colleagues, our friends - tell me that doesn't sound the least bit creepy! Mental health is subjective. To us, a little girl talking to her pretend friends instead of other children might just be harmless playing around. To a psychiatrist, it's a financial opportunity. Automatically, the kid could be swept up in a sea of labels. "not talking to other kids? Okay, she's asocial!" or "imaginary friends? Bingo, she has schizophrenia!" I'm not saying in any way that schizophrenia and social disorders aren't real. But the alarming number of people, especially children, who seem to have these "illnesses" and need to be medicated or locked up... it's horrifying. The psychiatrists get their prestigious reputation and their money to burn. The drug companies get fast cash and a chance to claim that they've discovered a wonder-drug, capable of "curing" anyone who might be a burden on society... that's what it's all about. It's not about really talking to these troubled people and finding out what they need. It's about giving them a pill that fits a pattern, a weapon to normalize people who might make society uncomfortable. The psychiatrists get their weapon. Today's generations get cheated out of their childhoods. The mental health industry takes the world's most vulnerable people and messes with their heads, giving them controlled substances just because they don't fit the normal puzzle. And sadly, it's more or less going to get worse in this rapidly advancing century.
This has been a novel about some people who were punished entirely too much for what they did. They wanted to have a good time, but they were like children playing in the street; they could see one after another of them being killed--run over, maimed, destroyed--but they continued to play anyhow. We really all were very happy for a while, sitting around not toiling but just bullshitting and playing, but it was for such a terrible brief time, and then the punishment was beyond belief: even when we could see it, we could not believe it. For example, while I was writing this I learned that the person on whom the character Jerry Fabin is based killed himself. My friend on whom I based the character Ernie Luckman died before I began the novel. For a while I myself was one of these children playing in the street; I was, like the rest of them, trying to play instead of being grown up, and I was punished. I am on the list below, which is a list of those to whom this novel is dedicated, and what became of each. Drug misuse is not a disease, it is a decision, like the decision to step out in front of a moving car. You would call that not a disease but an error in judgment. When a bunch of people begin to do it, it is a social error,a life-style. In this particular life-style the motto is "Be happy now because tomorrow you are dying," but the dying begins almost at once, and the happiness is a memory. It is, then, only a speeding up, an intensifying, of the ordinary human existence. It is not different from your life-style, it is only faster. It all takes place in days or weeks or months instead of years. "Take the cash and let the credit go," as Villon said in 1460. But that is a mistake if the cash is a penny and the credit a whole lifetime.There is no moral in this novel; it is not bourgeois; it does not say they were wrong to play when they should have toiled;it just tells what the consequences were. In Greek drama they were beginning, as a society, to discover science, which means causal law. Here in this novel there is Nemesis: not fate, because any one of us could have chosen to stop playing in the street, but, as I narrate from the deepest part of my life and heart, a dreadful Nemesis for those who kept on playing. I myself,I am not a character in this novel; I am the novel. So, though, was our entire nation at this time. This novel is about more people than I knew personally. Some we all read about in the newspapers. It was, this sitting around with our buddies and bullshitting while making tape recordings, the bad decision of the decade, the sixties, both in and out of the establishment. And nature cracked down on us. We were forced to stop by things dreadful. If there was any "sin," it was that these people wanted to keep on having a good time forever, and were punished for that, but, as I say, I feel that, if so, the punishment was far too great, and I prefer to think of it only in a Greek or morally neutral way, as mere science, as deterministic impartial cause-and-effect. I loved them all. Here is the list, to whom I dedicate my love:To Gaylene deceasedTo Ray deceasedTo Francy permanent psychosisTo Kathy permanent brain damageTo Jim deceasedTo Val massive permanent brain damageTo Nancy permanent psychosisTo Joanne permanent brain damageTo Maren deceasedTo Nick deceasedTo Terry deceasedTo Dennis deceasedTo Phil permanent pancreatic damageTo Sue permanent vascular damageTo Jerri permanent psychosis and vascular damage. . . and so forth.In Memoriam. These were comrades whom I had; there are no better. They remain in my mind, and the enemy will never be forgiven. The "enemy" was their mistake in playing. Let them all play again, in some other way, and let them be happy.