Transcript Document

Criminal Justice Today
CHAPTER
16
BOOK COVER
Drugs and Crime
Criminal Justice Today, 13th Edition
Frank Schmalleger
Copyright © 2015, © 2013 by Pearson Education,
Inc.
All Rights Reserved
Illegal Drug Use
• Drug abuse
 Illicit drug use that results in social,
economic, psychological, or legal
problems for the user
 One of the most serious issues law
enforcement faces today
• Many courts have been overburdened
 Leads to other crimes such as larceny,
robbery, and murder
Peter D. Hart Research Associates, Drugs and Crime across America: Police Chiefs Speak Out—A National Survey among Chiefs
of Police (Washington, DC: Police Foundation, December 2004).
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Illegal Drug Use
• Controlled substance
 A specifically defined bioactive or
psychoactive chemical substance
proscribed by law
• Drug
 Any chemical substance defined by social
convention as bioactive or psychoactive
• Recreational drug user
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Victimless Crimes
• A crime in which the person is a willing
participant and there is no per se victim
to the crime
 Drug use
 Illegal gambling
 Prostitution
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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Alcohol Abuse
• Misuse of alcohol can have dire or tragic
consequences
• DUI/DWI laws .08% BAC is under the
influence
• Approximately 1.2 million drunk driving
arrests are made annually
• Approximately 22% of all vehicle crashes
resulting in death are alcohol-related
Federal Bureau of Investigation, Crime in the United States, 2012 (Washington, DC: U.S. Dept. of Justice, 2013).
Traffic Safety Facts: 2008 Data (Washington, DC: National Highway Traffic Safety Administration, 2008), http://wwwnrd.nhtsa.dot.gov/Pubs/811155.PDF (accessed October 10, 2011).
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Drugs and Crime
• 47% of all offenders in federal prisons today
are serving drug sentences
• Drug crimes account for only about 20% of
state prison populations
 The number of men held in state prisons as a
result of drug crimes has increased by almost
50% since 1990
• Roughly 37% of offenders consume alcohol
immediately before committing a crime
Federal Bureau of Prisons, “Quick Facts,” http://www.bop.gov/news/quick.jsp#3 (accessed July 6, 2013).
Bureau of Justice Statistics, “Data Analysis Tool,” http://www.bjs.gov/content/dtdata.cfm#corrections(accessed May 30, 2013).
Christopher J. Mumola, Substance Abuse and Treatment, State and Federal Prisoners, 1997 (Washington, DC: Bureau of Justice
Statistics, 1999).
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
History of Drug Use in the U.S.
• Colonial America
 Drinking alcohol was safer than water
 Whiskey Rebellion
• Civil War
 Morphine used for pain and dysentery
• 1874: Heroin was invented as a
substitute for morphine
Charles E. Terry and Mildred Pellens, The Opium Problem (New York: Committee on Drug Addiction, 1928).
Office of National Drug Control Policy, Heroin, ONDCP Fact Sheet (Washington, DC: ONDCP, 2003), p. 1.
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
History of Drug Use in the U.S.
• Cocaine
 Used to treat morphine addiction
 Prescribed by Freud
 Crack cocaine
• Opium
 Mixed with alcohol for elixir
• Marijuana
• LSD
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
What Is a Drug?
• Both the law and social convention make
strong distinctions between drugs that are
socially acceptable and those that are not
• Changing social awareness can change the
classification of a substance to a “drug,”
for example, nicotine and caffeine
• Some substances have a medical purpose
and are available with a prescription
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Basis of Current Drug Policy
• Public Health Generalism
 All controlled substances are potentially
harmful
 Abusers are victimized by the disease of
addiction
Franklin E. Zimring and Gordon Hawkins, The Search for Rational Drug Control p. 9. (New York: Cambridge University Press,
1992).
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Basis of Current Drug Policy
• Cost-Benefit Specifism
 Drug policy built around the social costs
of drug abuse
• Legalist
 Drug control policies are necessary to
prevent the collapse of public order and
of society itself
Franklin E. Zimring and Gordon Hawkins, The Search for Rational Drug Control p. 9. (New York: Cambridge University Press,
1992).
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Anti-Drug Legislation
• San Francisco, 1875
 Outlawed the smoking of opium
• Harrison Narcotics Act 1914
• Boggs Act of 1951
• Crime Control Act of 1990
• Violent Crime Control and Law
Enforcement Act of 1994
• Drug-Free Communities Act of 1997
President’s Commission on Organized Crime, Organized Crime Today (Washington, DC: U.S. Government Printing
Office,1986).
Public Laws 101–647, 103–322, 105–20, and 109–177.
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Controlled Substances Act 1970
• Passed in 1970 and still forms the basis
of federal enforcement efforts today
• Established five schedules that classify
psychoactive drugs according to their
degree of psychoactivity and abuse
potential
Drug Enforcement Administration, Drugs of Abuse (Washington, DC: U.S. Government Printing Office, 1997).
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
The Anti-Drug Abuse Act of 1988
• Stepped up the “War on Drugs” and a
drug czar position was created for the
President’s cabinet
• Greatly increased penalties for
recreational drug use, including civil
penalties
• Selected areas can be designated as
high-intensity drug-trafficking areas
Anti-Drug Abuse Act of 1988, Public Law 100-690, Section 5251. This provision became effective on September 1, 1989.
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Investigation of Abuse and
Manufacturing
• Constitutes a major police activity
• Two legal concepts have taken on
significance in drug investigations:
 Abandonment refers to property that has
been clearly thrown away or discarded is
not protected by the 4th amendment
 Curtilage is the area surrounding a
residence that can reasonably be said to be
a part of the residence
Abel v. U.S., 363 U.S. 217 (1960).
Oliver v. U.S., 466 U.S. 170 (1984).
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Methamphetamine
• Methamphetamine is a stimulant related
to amphetamines but with stronger effects
on the central nervous system
• Taken in pill form, snorted, smoked, or
injected
• “Meth labs” use easily available
ingredients and recipes
• Is not physically addictive but can be
psychologically addictive
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Club Drugs
• A general term used primarily for
synthetic psychoactive substances
 Rohypnol (date rape drug), GHB, GBL,
MDMA (ecstasy), ketamine, meth, and
PCP
 Penalties for use of these drugs to
incapacitate someone to commit a crime
have been increased
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Drug-Related Crimes
• Economic losses from crimes committed by
drug users to obtain money for drugs
• Economic losses from crimes committed by
users whose judgment is altered by drugs
• The costs associated with drug transactions
themselves
• Economic losses due to organized criminal
activity in support of the drug trade
National Drug Intelligence Center, The Economic Impact of Illicit Drug Use on American Society (Washington, DC: U.S.
Department of Justice, 2011).
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
National Drug Control Strategy
• 2013 report is “based on science, not
ideology”
• Substance use disorders “are not just a
criminal justice issue but also a major
public health concern”
• The United States cannot arrest or
incarcerate its way out of the drug
problem
ONDCP, The National Drug Control Strategy, 2013
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Principles of Modern Drug Policy
• Ensure balanced, compassionate, and
humane drug policies
• Integrate prevention, treatment, and
recovery support into public health
systems
• Protect human rights
• Expand and support medicationassisted therapies
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Principles of Modern Drug Policy
• Reform criminal justice systems to
support both public health and public
safety
• Disrupt drug trafficking
• Address the drug problem as a shared
responsibility
Office of National Drug Control Policy, “Principles of Modern Drug Policy,” http://www.whitehouse.gov/ondcp/policyandresearch/principles-of-modern-drug-policy (accessed August 20, 2013).
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Responses to the Drug Problem
•
•
•
•
•
•
Strict law enforcement
Asset forfeiture
Interdiction
Crop control
Prevention and treatment
Legalization and decriminalization
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved