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Criminal Justice Today Chapter 16 Drugs and Crime Criminal Justice
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Drug Abuse Drug abuse is pervasive and greatly impacts the criminal justice system and all aspects of society. Drug abuse is one of the most serious law enforcement problem facing communities. Drug use: Accounts for a large proportion of law violations Contributes to many other types of criminal activity Is reflected in prison populations for drug-related crimes
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved What is a Drug? A drug is: Any chemical substance defined by social convention as bioactive or psychoactive. Any ingestible substance that has a noticeable effect on the mind or body. Drugs enter the body through: Injection Inhalation Swallowing Direct absorption through the skin or mucous membranes Psychological dependence- a craving for a specific drug that results from long-term substance abuse. Physical dependence- a biologically based craving for a specific drug that results from frequent use of the substance. As time goes on, the user develops a tolerance to the drug, requiring a larger or more frequent dosage to achieve the effect of the drug.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Varying Degrees of Acceptability Some substances have medical applicability, and are available with a prescription (these occupy a middle ground on the continuum between acceptability and illegality). Examples: antibiotics, diet pills, tranquilizers Some drugs occupy the “high ground” in social and legal condemnation, including psychoactive substances. These drugs can produce substantially altered states of consciousness and have high potential for addiction. – Examples: heroin, LSD, cocaine
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Alcohol Alcohol misuse can lead to serious problems with grim consequences & commonly increases aggression Examples: Drunk driving, Public drunkenness Commission of other crimes while under the influence DUI There are 1.4 million DUI arrests annually. 26% of arrestees had over twice the legal limit. 32% of all fatal accidents are alcohol-related. The blood alcohol level (BAC) for DUI in most states is 0.08% to 0.10% or more. As of October 2000, the federal government mandated that states lower the BAC to 0.08% as a condition of receiving highway funding. Alcohol is consumed by approximately 37% of offenders immediately before crime commission. In the case of violent crime, the percentage of offenders under the influence of alcohol at the time of the crime is 42% with the highest for murder (44.6%).
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Drug Use in America 16.3 Figure 16-2 Source: Substance Abuse and Mental Health Services Administration, Results from the 201 National Survey on Drug Use and Health: Summary of National Findings (Rockville, MD: Office of Applied Studies, NHSDA, 2011). p12.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved History of Drug Abuse in America Many drugs, when first discovered, were touted for their powerful analgesic or therapeutic effects. Examples: 19th and early 20th century, opium available in patent medicines and “elixirs.” During the Civil War, morphine was used as a pain killer and later prescribed by doctors and dentists. In 1898, heroin was invented to cure morphine additions. Drug Use and Social Awareness Today’s social awareness of drug use recognizes that: Addiction is a physical condition. Use is linked to other types of criminal behavior. Drug use wastes economic resources and human lives. Drugs are regulated by federal and state laws. It greatly affects the urban poor and the socially disenfranchised. Drug abuse is a law enforcement issue rather than a medical problem.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Anti-Drug Legislation 1875—San Francisco enacted statute prohibiting smoking of opium. 1914—Harrison Narcotics Act required persons (medical professionals) dealing in opium, morphine, heroin, cocaine, and specified derivatives of these drugs to register with federal government 1937—Marijuana Tax Act placed a tax of $100 per ounce on cannabis. 1951—Boggs Act added marijuana and several other drugs to the list of federally prohibited controlled substances. It also banned any medicines containing heroin. 1956—Narcotics Control Act increased penalties for drug trafficking and possession and made sale of heroin to those under 18 a capital offense. Comprehensive Drug Abuse Prevention and Control Act of 1970- forms the basis of federal government enforcement efforts. Title II of this act is known as the Controlled Substances Act (CSA). The CSA set up 5 schedules, which classify psychoactive drugs according to degree of psychoactivity and abuse potential. New drugs may be added to the list if they meet designated CSA criteria.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved CSA Schedule I Drugs Controlled substances that have little/no established medical usage, cannot be used safely, and have great potential for abuse. Examples: Heroin LSD Mescaline Peyote Methaqualone Psilocybin Marijuana Hashish Other specified hallucinogens
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved CSA Schedule II Drugs Substances defined as drugs with high abuse potential for which there is currently accepted pharmacological or medical use. Most are considered addictive. Examples: Opium Morphine Codeine Cocaine PCP
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved CSA Schedule III, IV, V Drugs Schedule III Drugs -involves lower abuse potential than drugs in Schedules I or II. They have an accepted medical use, but may lead to high level of psychological dependence or to moderate or low physical dependence. Examples include many drugs found in Schedule II, but in derivative or diluted form Schedule IV Drugs- have a relatively low potential for abuse, are useful in established medical treatments, and involve only limited risk of psychological or physical dependency. Examples include depressants, minor tranquilizers, some stimulants Schedule V Drugs- Prescription drugs with low potential for abuse and only limited risk of psychological or physical dependency. Examples include: Cough medicines containing opium, morphine, or codeine Anti-diarrhetics containing opium, morphine, or codeine
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved More Anti-Drug Legislation Anti-Drug Abuse Act of 1988- Aimed at obtaining a drug-free America. Created the position of “drug czar.” Increased penalties for “recreational” drug users. Made it more difficult for suspected drug dealers to purchase weapons. Included possibility of capital punishment for drug-related murders. Provided federal funds to fight drugs in high traffic areas. Crime Control Act of 1990 Provided police with more grant money for anti-drug efforts. Improved school-based drug control educational programs. Expanded drug enforcement in rural states Increased regulation of chemicals used to make illegal drugs. Sanctioned anabolic steroids. Created “drug-free school zones.” Enhanced agents’ ability to seize property associated with the drug trade.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved More Anti-Drug Legislation (cont’d) Violent Crime Control and Law Enforcement Act of 1994 Increases: Funding for rural anti-crime and drug efforts. Treatment to drug-addicted federal prisoners. Penalties for using children to deal near schools and playgrounds. Federal death penalty law to cover large scale drug trafficking offenders. Prison sentences for certain repeat violent/drug offenders. Penalties for gang-related drug crimes. The Drug-Free Communities Act of 1997- Provided support to local communities to reduce substance abuse among youth. USA PATRIOT ACT- 2006 reauthorization of the USA PATRIOT Act led to enactment of a provision known as the Combat Methamphetamine Epidemic Act, which: Makes it harder to obtain ingredients in some over-the-counter cold medicines that can be used to manufacture methamphetamine. Requires stores to keep such medicines behind counters or in locked cabinets. Limits the daily purchase amount of those substances. Requires customers to show photo ID and sign a log.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Investigating Drug Abuse and Manufacturing Investigating the illegal production, transportation, sale, and use of controlled substances is a major area of police activity. Two legal concepts, abandonment and curtilage, take on special significance. Abandoned property (trash, etc) is not protected by the Fourth Amendment. -Warrantless search of hotel room after it’s vacated is legal Curtilage (the area immediately surrounding the home) is protected by the Fourth Amendment.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Marijuana Botanical name – “cannabi sativa”- more commonly used than cocaine, LSD, & heroin Usually smoked, but can be eaten or made into a tea Low doses – creates restlessness and increasing sense of well-being May heighten sensory perception Impairs memory and rational thought Effects begin within a few minutes following use and may last for up to 2 to 3 hours There is no clearly established medical use, but marijuana is used as supplemental medication in cases of on-going chemotherapy and in treatment of AIDS patients. Most users are young, with many less than 20 years of age. Most marijuana is brought to the U.S. from Mexico and Columbia.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Cocaine Extracted from the leaves of a coca plant, most potent central nervous system stimulant of natural origin. Upon its discovery, cocaine was touted for its powerful analgesic or therapeutic effects. Has become the country’s most dangerous commonly used drug. Cocaine is used to make crack, which is available primarily in large urban areas. Sigmund Freud touted the benefits of cocaine use Once found in Coca Cola
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Heroin Heroin is a highly seductive and addictive drug, which produces euphoria. Heroin abuse has been fairly consistent over the past few decades. Street-level heroin varies in purity. Heroin-related emergency room visits reach almost 40,000 per year.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Methamphetamine Methamphetamine is a stimulant, also known as speed, chalk, meth, ice, crystal, & glass May be taken as a pill, snorted, or smoked. It can be made in a simple home lab using common ingredients. It increases the release of high levels of dopamine. Chronic users display emotional and cognitive problems.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Club Drugs Club drugs are synthetic psychoactive substances often found at nightclubs, bars, “raves,” and dance parties. Examples include: MDMA (Ecstasy) Ketamine Methamphetamine GHB Rohypnol
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Costs of Abuse Direct Costs Costs immediately associated with drug crimes themselves. Examples: cost of items stolen, costs of clean-up and repair. Indirect Costs Costs that incur as a result of drug crimes, though not directly associated. Examples: lost wages, health-related costs, justice system related expenses, can also be feelings—like stress, frustration, and fear.
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved 21 16.1 AlcoholDrugsAlcohol or Drugs Dependent Only 23%36%45% Abuse Only 24%18%23% Any Dependence or Abuse 47%53%68% No Dependence or Abuse 53%47%32% Under Influence at the Time of The Offense 33%29%50% Drug and Alcohol Use by Jail Inmates Source: Jennifer C. Karberg and Doris J. James, Substance Dependence, Abuse, and Treatment of jail Inmates (Washington, DC: Bureau of Statistics, 2005).
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Drug-Related Crime Drug-dependent offenders commit a variety of crimes, from minor to serious. Annually: Illegal drug sales in the U.S.— $57 billion industry. 382,000 people suffer drug abuse-attributable violent crimes. 5.2% of all homicides are drug-related 5 million property offenses are committed in order to pay for drugs. Most drug offenders are NOT violent offenders Direct Costs of Drug-Related Crime The direct costs of drug-related crime have at least three dimensions: Economic losses from crimes committed by drug users to get money for drugs or while under the influence of drugs Costs associated with buying and selling drugs Economic losses due to organized criminal activity in support of the drug trade (including money laundering)
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Money Laundering Money Laundering- process used by drug dealers to hide the sources of their revenues to avoid taxes and disguise the financial evidence of drug dealing. In an effort to catch money launderers, U.S. banking law requires financial institutions to report deposits greater than $10,000, but traffickers try to bypass this by smurfing and structuring. Smurfing- repeatedly purchasing bank checks in denominations of less than $10,000 which are sent to accomplices in other parts of the country who deposit it into existing accounts. Structuring- making deposits of less than $10,000 at a time. After accounts are established, the money is withdrawn & deposited in increments elsewhere
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Federal Prisoners, by Offense 16.1 Table 16.1 OFFENSE TYPENUMBER OF PRISONERS PERCENTAGE OF INMATEPer POPULATION Drug Offenses 102,39150.8% Weapons, Explosives, Arson 30,50915.1 Immigration 23,91811.9 Robbery 8,4644.2 Burglary, Larceny, Property Offenses 7,0173.5 Extortion, Fraud, Bribery 10,2315.1 Homicide, Aggravated Assault, and Kidnapping Offenses 5,4732.7 Miscellaneous 1,8270.9 Sex Offenses 9,4464.7 Banking and Insurance, Counterfeit, Embezzlement 8980.4 Courts or Corrections 6090.3 Continuing Criminal Enterprise 5180.3 National Security 960.0 Note: Data calculated only for those with offense-specific information available. Source: Federal Bureau of Prisons, “Quick Facts,” http://www.bop.gov/news/quick.jsp#3 (accessed July 2, 2011).
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved of All Arrestees Tested Positive for Drugs at the Time of the Offense, No Matter What The Offense Increase of Arrests for Drug Law Violations From 1994–2003 of All Inmates in State Prisons Are Drug Offenders 25 16.1
© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Solving the Drug Problem Six general types of strategies are frequently proposed as useful methods for attacking the drug problem. Strict enforcement Asset forfeiture- seizure of cash, property, etc furnished or intended to be furnished by person in exchange for controlled substances (preponderance of evidence) Interdiction- intercepting drugs at the border Crop control- targeting foreign producers Prevention and treatment Legalization and decriminalization (making some offenses ‘ticketable’ instead of ’arrestable’ offenses)
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