CRIMINAL LAW 1. Ahmed T. Ghandour.

PUBLIC ORDER CRIMES.

DEFINITION.  Public order crimes are actions that do not conform to society's general ideas of normal social behavior and moral values.  Moral values are the commonly accepted standards of what is considered right and wrong.  Public order crimes are widely viewed as harmful to the public good or harmful and disruptive to a community's daily life.  public order crimes are defined by the social and moral rules of the day.  In this chapter the public order crimes described include gambling, vagrancy (homelessness), disorderly conduct, as well as alcohol and drug offenses.

ARGUMENT.  Laws against public order crimes, also called "sin" crimes, are highly controversial.  What is shameful and immoral is difficult to determine, and public order crimes are often committed by otherwise law- abiding citizens.  The activities are carried out between willing participants.  Public order crimes are therefore referred to as victimless crimes, except when children are involved.

DRUG ABUSE.

DEFINITION OF DRUG ABUSE.  Compulsive, excessive, and self-damaging use of habit forming drugs or substances, leading to addiction or dependence, serious physiological injury (such as damage to kidneys, liver, heart) and/or psychological harm (such as dysfunctional behavior patterns, hallucinations, memory loss), or death. Also called substance abuse.

DRUG CHARGES.

 Certain illicit drugs, such as cocaine and methamphetamine, are restricted at both the federal and state level. This includes the manufacturing, cultivation, trafficking, distribution and possession of these substances. Conviction on drug charges often carries stiff sentences, including prison time, but sometimes prosecutors will offer plea deals to lower- level offenders in exchange for help with a larger case. Some states have enacted medical marijuana laws, allowing physicians to recommend the drug for certain illnesses while exempting qualified patients from criminal prosecution on marijuana-related drug charges. Other states have legalized marijuana for recreational use.

 Drug Manufacturing and Cultivation  Explanation of the illegality of growing or manufacturing illegal drugs, such as marijuana and methamphetamine.  Drug Trafficking/Distribution  Overview of how state and federal laws prohibit importation, transportation and sales of illegal drugs.

 Drug Possession  How possession of illegal drugs such as heroin and LSD, either for personal use or distribution, is a crime under state and federal laws.  Medical Marijuana  Primer on medical marijuana laws in general, how they are implemented in states with such laws and the tension between state laws and the federal prohibition of marijuana.

DRUG POSSESSION: DEFINITION  Drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin.  These laws also criminalize the possession of "precursor" chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.  Drug possession laws vary according to drug type, amount, and geographic area of the offense.  Possession of small quantities may be deemed "simple" possession, while possession of large amounts may result in a charge of presumed "possession with intent to distribute

REQUIREMENTS TO PROVE POSSESSION OF DRUGS.  Possession of certain illicit (illegal) drugs violates federal and state laws. While drug possession laws vary widely from state to state, the elements of the offense are generally the same. Prosecutors must be able to prove beyond a reasonable doubt that the defendant knew the drug in question was a controlled substance, and that he or she knowingly had possession of, or control over, the drug. This may also include what is known as "constructive possession," or access to an illegal drug. Such charges may be filed against one or more individuals who have keys to a van filled with narcotics, for example, rather than actually holding the drugs on their person

 Drug possession laws generally fall into one of two main categories: simple possession (for personal use) and possession with intent to distribute. The latter category typically carries much stiffer penalties upon conviction, as compared to simple possession, in the interest of both punishing and deterring drug dealers. To prove possession with intent to sell, prosecutors may present evidence such as digital scales, baggies, large quantities of the drug, large amounts of cash in small bills or testimony from witnesses

 Drug possession laws also prohibit paraphernalia (equipment) such as syringes, crack pipes or bongs. The Federal Drug Paraphernalia Statute defines what constitutes drug paraphernalia but usually hinges on a determination of primary use. For example, a newly purchased water pipe may not be considered a marijuana bong unless it has drug residue or is sold explicitly as a marijuana bong. Laws also exist to restrict the possession of certain chemicals or materials commonly used in the cultivation or manufacturing of drugs, such as the laboratory equipment used to make methamphetamine