This criminological study on police experiences, attitudes and decision-making in the field of drug-related crimes includes participant observation, questionnaire studies among drug investigators (n = 465) and police officers working in other fields of investigations (n = 259), and interviews with experts at all levels of police organization and in different regions (n = 78). Contrary to the fundamental ‘principle of legality’ of German law, in the field of drug-related crime, police discretion is de facto almost as wide as in legal systems following a ‘principle of expediency’. The police itself decides whether to initiate criminal procedures mainly against users or against dealers; decision-making depends on individual and regional valuation of drugs and drug prohibition as well as on expectations of politicians, authorities, and the general public. In criminal cases of drug abuse the police actually is ‘master of preliminary investigations’ even though in Germany this function by law is assigned to the prosecuting attorney. Due to the methods of undercover investigations, part of the prosecuted criminality appears to be ‘constructed’ by the state.

Keywords:
Criminal justice, Drug-related crime, Policing, Police discretion, Attitudes towards drug policy, Principle of legality, Decision-making, Crime statistics
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© 1997 S. Karger AG, Basel
1997
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