FROM CRIMINALIZATION TO REHABILITATION: Abandoning “The War on Drugs” THESIS EDIT | Page 22

criminalizing drug use has failed comes from Joel Feinberg in his work, “The Expressive
Function of Punishment” (789-799). What is the justification or purpose of legal punishment
when it comes to addicts? “What distinguishes a criminal from civil sanction and all that
distinguishes it, it is ventured, is the judgment of community condemnation which
accompanies... its imposition.” The fundamental essence of, “punishment for moral delinquency
lies in the criminal conviction itself.” This is an, “expression of the community’s hatred, dear, or
contempt for the convict which alone characterizes physical hardship as punishment.” Simply
put, condemnation is wrong to put on people who are suffering from a disease.
First, let’s consider “Punishment has a symbolic significance.” First, this is a useless
way of approaching addiction, because addicts do not care about what you think of them in so far
as them using drugs. If they feel the need to use, they will. Addicts need help and treatment, not
judgment and condemnation. That is no way to treat sick people (Feinberg, 791).
Second, “punishment expresses the community’s strong disapproval of what the criminal
did.” Addiction is not a crime, it’s a disease. Punishment, it can be said, “expresses the judgment
(as distinct from any emotion) of the community that what the criminal did was wrong.” In
addition to this, it is “a symbolic way of getting back at the criminal, of expressing a kind of
vindictive resentment,” (Feinberg, 791).
The Expressive Function of Punishment is therefore community condemnation coupled
with a symbolic significance of disapproval. Not only is this not effective in preventing drug use,
but it also stops addicts from seeking recovery. Addicts need help, understanding, and
compassion. That is the only way we can solve this problem; by approaching addicts as human
beings who are helpless and need treatment. So, not only does criminalizing drug use fail to
achieve its goals, but it also harms people suffering from this terrible disease.