Criminal Justice Today CHAPTER Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved BOOK COVER Drugs and Crime 16

Criminal Justice Today, 13 th 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, 13 th 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, 13 th 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, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved 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), nrd.nhtsa.dot.gov/Pubs/ PDF (accessed October 10, 2011).

Criminal Justice Today, 13 th 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,” (accessed July 6, 2013). Bureau of Justice Statistics, “Data Analysis Tool,” 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, 13 th 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, 13 th 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, 13 th 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, 13 th 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, 13 th 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, 13 th 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, 13 th 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, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved

Criminal Justice Today, 13 th 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 , Section This provision became effective on September 1, 1989.

Criminal Justice Today, 13 th 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 4 th 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, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved

Criminal Justice Today, 13 th 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, 13 th 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, 13 th 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, 13 th 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, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved

Criminal Justice Today, 13 th 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 medication- assisted therapies

Criminal Justice Today, 13 th 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,” andresearch/principles-of-modern-drug-policy (accessed August 20, 2013).

Criminal Justice Today, 13 th 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