Date post: | 18-Jan-2016 |
Category: |
Documents |
Upload: | erick-robinson |
View: | 213 times |
Download: | 0 times |
The Ongoing Battle AgainstIllegal Drugs
The Ongoing Battle AgainstIllegal Drugs
© 2002 Wadsworth Publishing Co.
Chapter 16Introduction to Criminal Justice 2003:
A Microsoft® PowerPoint® Tool
Slides prepared by:Larry Bassi
SUNY Brockport
Chapter 16Introduction to Criminal Justice 2003:
A Microsoft® PowerPoint® Tool
Slides prepared by:Larry Bassi
SUNY Brockport
Marijuana
Alcohol
Stimulants
Sedatives
Types of Psychoactive DrugsTypes of Psychoactive Drugs
Opiates
Hallucinogens
Differences Between Illicit and Licit Drugs
Differences Between Illicit and Licit Drugs
Why society prohibits some drugs and not others cannot be explained by the risk of possible social or personal harm nor be the addictive nature of a drug.
Why society prohibits some drugs and not others cannot be explained by the risk of possible social or personal harm nor be the addictive nature of a drug.
Some drugs are illegal because legislatures believe that presiding societal norms and values will be protected by declaring them mala prohibitum.
Some drugs are illegal because legislatures believe that presiding societal norms and values will be protected by declaring them mala prohibitum.
Schedules of Narcotics as Defined by the Federal Controlled Substances Act
Schedules of Narcotics as Defined by the Federal Controlled Substances Act
Major Drug Prohibition Legislation
Major Drug Prohibition Legislation
• Harrison Act of 1914• Harrison Narcotic Drug Act of 1923• Volstead Act (National Prohibition Act)• The Marijuana Tax Act• The Comprehensive Drug Abuse Prevention
and Control Act of 1970– Controlled Substances Act (CSA)
• Harrison Act of 1914• Harrison Narcotic Drug Act of 1923• Volstead Act (National Prohibition Act)• The Marijuana Tax Act• The Comprehensive Drug Abuse Prevention
and Control Act of 1970– Controlled Substances Act (CSA)
Marijuana - The “Gateway” Drug
Marijuana - The “Gateway” Drug
The gateway effect refers tothe phenomenon wherebymarijuana may lead one to try(and possibly become addicted)to “harder” illegal substances.
The gateway effect refers tothe phenomenon wherebymarijuana may lead one to try(and possibly become addicted)to “harder” illegal substances.
During Prohibition / After ProhibitionDuring Prohibition / After Prohibition
Murderand
ViolentCrimeTrends
Murderand
ViolentCrimeTrends
Relationship of Violent Crime and Prohibition
Relationship of Violent Crime and Prohibition
Three Factors in the Learning Process That Cause First-time Drug Users to Become
Multiple Users.
Three Factors in the Learning Process That Cause First-time Drug Users to Become
Multiple Users.
Perceiving the
pleasurable effects of drug use
Learn to enjoy the
social experience of taking drugs
Learning the techniques of
drug use
Medical v. Criminal ModelMedical v. Criminal Model
The medical model accepts that addicts
are not criminals but rather are
mentally or physically ill
individuals who were forced into
acts of petty crime to “feed their habit”
Those believing in the criminal
model of addiction believe that abusers and addicts endangersociety with their
behavior and should be treated
as any other citizen who
commits other crimes
Explanations for the Relationships Between Drugs and Crime
Explanations for the Relationships Between Drugs and Crime
Purports that individuals act violently orcriminally as a direct result of the drugs they
have ingested
Psychopharmacological ModelPsychopharmacological Model
Holds that drug abusers commit crimes in order to get the money to purchase drugs.
Economically Impulsive ModelEconomically Impulsive Model
Implies that violence is a by-product of theinterpersonal relationships within the drug
using community
Systemic ModelSystemic Model
Committing Crime Under the Influence of Drugs and Alcohol
Committing Crime Under the Influence of Drugs and Alcohol
The 20-80 RuleThe 20-80 Rule
20% of psychoactive drug users20% of psychoactive drug users
Consume 80% of the totalamount of psychoactive
drugs used.
Consume 80% of the totalamount of psychoactive
drugs used.
Federal Agencies Involved in Drug Enforcement
Federal Agencies Involved in Drug Enforcement
Drug EnforcementAdministration
Federal Bureau of Investigation
Immigration andNaturalization Service
U.S.Customs
U.S. CoastGuard
U.S. BorderPatrol
U.S. Military
Federal Drug Control Budget, 2000Federal Drug Control Budget, 2000
Drug Treatment
Drug Prevention
Domestic Law Enforcement
International Law Enforcement
Interdiction
Research
Intelligence
$3,147
$2,064
$8,631
$1,922
$856
$289Budget Authority
(in millions of dollars)
Goals of Local Police Drug Enforcement Activity
Goals of Local Police Drug Enforcement Activity
To reduce gang violence associated
with illegal drug trade
To improve the quality of life in
communities plagued by illegal
drug use
To control street crimes committed by
illegal drug users
To deter minors from using illegal drugs
To improve the physical, social, andeconomic well-being of illegal drug users
Mandatory Minimum Sentence Laws as a Drug Enforcement Strategy
Mandatory Minimum Sentence Laws as a Drug Enforcement Strategy
The Anti-Drug Abuse Act of 1986 established two
levels of mandatory prison terms for first-time drug
traffickers: a five and ten year term,
depending upon the quantity and kind of
drug involved. States have passed
legislation with similar intents.
Punishment for First-Time Offenders
Punishment for First-Time Offenders
Asset Forfeiture Program of 1984 as a Drug Enforcement Strategy
Asset Forfeiture Program of 1984 as a Drug Enforcement Strategy
Forfeiture laws include all assets purportedlytraceable to drug transactions as well as realproperty purportedly obtained or used in theillegal drug trade. This includes cash, bank
accounts, cars, boats, houses and land. Because forfeiture proceedings are civil, there
are few constitutional safeguards of the criminal justice process, such as the presumption
of innocence, right to an attorney and hearsayobjections.
Forfeiture laws include all assets purportedlytraceable to drug transactions as well as realproperty purportedly obtained or used in theillegal drug trade. This includes cash, bank
accounts, cars, boats, houses and land. Because forfeiture proceedings are civil, there
are few constitutional safeguards of the criminal justice process, such as the presumption
of innocence, right to an attorney and hearsayobjections.
“School yard” Statutes as a Drug Enforcement Strategy
“School yard” Statutes as a Drug Enforcement Strategy
Statutes that specify minimum terms of three year to sometimeslife or up to three times the term and fine as would otherwise been
authorized for any person distributing illicit drugs on or within1,000 feet of school property.
Is the “cure” worse than the disease”?Is the “cure” worse than the disease”?
• The drug trade has created opportunities for a black market to flourish, which has greatly benefited organized crime.
• Enormous profits have made corruption of law enforcement officials inevitable.
• Because there is no regulatory control over the quality of illegal drugs, consumers face risks of medical complication from ‘bad’ drugs.
• Drugs are expensive not because of their production costs, but because of their illegality and as a result, users commit property crimes to obtain the funds necessary to purchase them.
• Millions of otherwise law-abiding Americans have been labeled “criminals” because of drug use.
• The drug trade has created opportunities for a black market to flourish, which has greatly benefited organized crime.
• Enormous profits have made corruption of law enforcement officials inevitable.
• Because there is no regulatory control over the quality of illegal drugs, consumers face risks of medical complication from ‘bad’ drugs.
• Drugs are expensive not because of their production costs, but because of their illegality and as a result, users commit property crimes to obtain the funds necessary to purchase them.
• Millions of otherwise law-abiding Americans have been labeled “criminals” because of drug use.
Focus is on the supplieror seller - not the user
(demand-side)
Focus is on the supplieror seller - not the user
(demand-side)
Supply-side EnforcementSupply-side Enforcement
Basic Assumptions Justifying “Supply-side” Enforcement Efforts.
Basic Assumptions Justifying “Supply-side” Enforcement Efforts.
• If law enforcement agents are successful in incapacitating those who grow, refine, transport, and sell drugs, the amount of drugs available should drop. When the supply of a resource that many people want drops, the price should rise.
• If law enforcement agents are successful in incapacitating those who grow, refine, transport, and sell drugs, the amount of drugs available should drop. When the supply of a resource that many people want drops, the price should rise.
• By incapacitating the production, refining, transport and marketing systems, suppliers will be required to spend more resources to rebuild their drug operations, thus driving up the price of the “product.”
• By incapacitating the production, refining, transport and marketing systems, suppliers will be required to spend more resources to rebuild their drug operations, thus driving up the price of the “product.”
“Substitution Effects”“Substitution Effects”1. Successful efforts to restrict the supply of one drug will lead to increased production and consumption of a substitute.2. More potent forms of a drug drive out of the market less potent forms whenever the drug is made illegal.
Myth v. Reality: Who is using drugs?
Myth v. Reality: Who is using drugs?
Myth
– uneducated– unemployed– minority– male– living in a large
city
Myth
– uneducated– unemployed– minority– male– living in a large
city
Reality
– primarily males
Reality
– primarily males
Drug Courts as a Prevention and Control Strategy
Drug Courts as a Prevention and Control Strategy
• Based on the idea thattreatment will do moreto lower recidivism than will incarceration.
• Usually for non-violent offenders whose involvement with the system can be directly related to drug use.
• If the defendant waives the right to a speedy trial, he/she goes immediately into a drug treatment program.
• If the program is successfully completed, initial charges are dropped.
• If the program is not successfully completed, then the charges are re-instated and the adjudicatory process resumes.
• Based on the idea thattreatment will do moreto lower recidivism than will incarceration.
• Usually for non-violent offenders whose involvement with the system can be directly related to drug use.
• If the defendant waives the right to a speedy trial, he/she goes immediately into a drug treatment program.
• If the program is successfully completed, initial charges are dropped.
• If the program is not successfully completed, then the charges are re-instated and the adjudicatory process resumes.
Arguments for the Legalization of Drugs
Arguments for the Legalization of Drugs
•Reduction of drug prices to competitive levels would no longer require large sums of money and would therefore eliminate some crime•Violent crime associated with drug dealing would be reduced•The criminal justice system would become more efficient because of the increased resources
•Reduction of drug prices to competitive levels would no longer require large sums of money and would therefore eliminate some crime•Violent crime associated with drug dealing would be reduced•The criminal justice system would become more efficient because of the increased resources
Benefits of LegalizationBenefits of Legalization
• Eliminate costly drug enforcement• Windfall tax revenues• Reduction in drug prices to competitive levels• Quality control possible• End of violent crime associated with dealing• A more efficient system because resources
devoted to drug enforcement could be used in other crime areas
• Eliminate costly drug enforcement• Windfall tax revenues• Reduction in drug prices to competitive levels• Quality control possible• End of violent crime associated with dealing• A more efficient system because resources
devoted to drug enforcement could be used in other crime areas
ArgumentsAgainstLegalization
ArgumentsAgainstLegalization
Legalization would lead to increaseduse and abuse
Market for newly legalized drugs wouldexpand
An increase in violence would occur withthe use of newly legalized drugs
•Would place high taxes on substancesWould place high taxes on substances
•Promotion of substances would be severelyPromotion of substances would be severelyrestrictedrestricted
•Tax proceeds would go to programs warningTax proceeds would go to programs warningof high health risksof high health risks
•Sellers would be restricted throughSellers would be restricted throughgovernment licensuregovernment licensure
•Restrict buyers by age and throughRestrict buyers by age and throughstrict sanctions for public harms causedstrict sanctions for public harms caused
•Would place high taxes on substancesWould place high taxes on substances
•Promotion of substances would be severelyPromotion of substances would be severelyrestrictedrestricted
•Tax proceeds would go to programs warningTax proceeds would go to programs warningof high health risksof high health risks
•Sellers would be restricted throughSellers would be restricted throughgovernment licensuregovernment licensure
•Restrict buyers by age and throughRestrict buyers by age and throughstrict sanctions for public harms causedstrict sanctions for public harms caused
DecriminalizationDecriminalization
Harm Reduction StrategiesHarm Reduction Strategies
• One of the basic assumptions of these strategies is that some people will neverquit. The focus then is to try and prevent harm to them and to society.These kinds of programs may include:– Clean needle exchange programs
– Condom distribution
– Free and regular medicalcheckups
• One of the basic assumptions of these strategies is that some people will neverquit. The focus then is to try and prevent harm to them and to society.These kinds of programs may include:– Clean needle exchange programs
– Condom distribution
– Free and regular medicalcheckups
Public Support for Drug Control Policies
Public Support for Drug Control Policies
Global Illicit Drug ProductionGlobal Illicit Drug Production