Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Drugs and Crime Chapter 16 Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Drug Abuse Drug abuse is pervasive and greatly impacts the criminal justice system and all aspects of society. A 2004 Police Foundation national survey of police chiefs found that drug abuse is the most serious law enforcement problem facing communities.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Drug Abuse 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Varying Degrees of Acceptability 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Alcohol Alcohol misuse can lead to serious problems with grim consequences. Examples: –Drunk driving, –Public drunkenness –Commission of other crimes while under the influence

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Driving 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Alcohol-Crime Connection 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%).

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Anti-Drug Legislation 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Comprehensive Drug Abuse Prevention and Control Act of 1970 The 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] CSA Schedule I Drugs Controlled substances that have 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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 –Other derivatives

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] CSA Schedule III Drugs This schedule 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] CSA Schedule IV Drugs These have a relatively low potential for abuse, are useful in established medical treatments, and involve only limited risk of psychological or physical dependency. Examples: –Depressants –Minor tranquilizers –Some stimulants

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] CSA 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Violent Crime Control and Law Enforcement Act of 1994 The Act 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] The Drug-Free Communities Act of 1997 Provided support to local communities to reduce substance abuse among youth. Helped enhance broad-based community coalitions.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] USA PATRIOT ACT The 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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 is not protected by the Fourth Amendment. –Curtilage is protected by the Fourth Amendment.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] National Survey on Drug Use and Health (NHSDA) NHSDA data indicate that 20.4 million Americans age 12 and older are current users. –Nearly 15 million marijuana users, 1/3 of whom were frequent users. –2.4 million current cocaine users. –1 million hallucinogen users –338,000 current heroin users. –7 million nonmedical users of prescription- type psychotherapeutic drugs.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Marijuana Botanical name – “cannabi sativa” –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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Marijuana 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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. Current data indicates that cocaine has become the country’s most dangerous commonly used drug. Cocaine is used to make crack, which is available primarily in large urban areas.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Methamphetamine Methamphetamine is a stimulant, also known as speed, chalk, meth, ice, crystal, and 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. In 2007, the DEA reported the emergence of candy-flavored methamphetamine.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Drug-Related Crime Drug-dependent offenders commit a variety of crimes, from minor to serious. Annually, according to the ONDCP, about: 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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)

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Money Laundering Money laundering is a 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Solving the Drug Problem Six general types of strategies are frequently proposed as useful methods for attacking the drug problem. –Strict enforcement –Asset forfeiture (aided by RICO statute) –Interdiction –Crop control –Prevention and treatment –Legalization and decriminalization