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The Ongoing Battle Against Illegal Drugs Chapter 16 Introduction to Criminal Justice 2003: A Microsoft® PowerPoint® Tool Slides prepared by: Larry Bassi SUNY Brockport © 2002 Wadsworth Publishing Co. Types of Psychoactive Drugs Opiates Stimulants Hallucinogens Sedatives Marijuana Alcohol 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. 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 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) Marijuana - The “Gateway” Drug The gateway effect refers to the phenomenon whereby marijuana may lead one to try (and possibly become addicted) to “harder” illegal substances. Relationship of Violent Crime and Prohibition Murder and Violent Crime Trends During Prohibition / After Prohibition Three Factors in the Learning Process That Cause First-time Drug Users to Become Multiple Users. Learning the techniques of drug use Perceiving the pleasurable effects of drug use Learn to enjoy the social experience of taking drugs Medical 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 endanger society with their behavior and should be treated as any other citizen who commits other crimes Explanations for the Relationships Between Drugs and Crime Systemic Model Implies that violence is a by-product of the interpersonal relationships within the drug using community Economically Impulsive Model Holds that drug abusers commit crimes in order to get the money to purchase drugs. Psychopharmacological Model Purports that individuals act violently or criminally as a direct result of the drugs they have ingested Committing Crime Under the Influence of Drugs and Alcohol The 20-80 Rule Consume 80% of the total amount of psychoactive drugs used. 20% of psychoactive drug users Federal Agencies Involved in Drug Enforcement Drug Enforcement Administration U.S. Coast Guard Immigration and Naturalization Service U.S. Border Patrol Federal Bureau of Investigation U.S. Military U.S. Customs Federal Drug Control Budget, 2000 Drug Treatment Drug Prevention $3,147 $2,064 Domestic Law Enforcement $8,631 International Law Enforcement Interdiction Research Intelligence $1,922 $856 $289 Budget Authority (in millions of dollars) Goals of Local Police Drug Enforcement Activity To reduce gang violence associated with illegal drug trade To control street crimes committed by illegal drug users To improve the physical, social, and economic well-being of illegal drug users To improve the quality of life in communities plagued by illegal drug use To deter minors from using illegal drugs 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 Asset Forfeiture Program of 1984 as a Drug Enforcement Strategy Forfeiture laws include all assets purportedly traceable to drug transactions as well as real property purportedly obtained or used in the illegal 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 hearsay objections. “School yard” Statutes as a Drug Enforcement Strategy Statutes that specify minimum terms of three year to sometimes life or up to three times the term and fine as would otherwise been authorized for any person distributing illicit drugs on or within 1,000 feet of school property. 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. Focus is on the supplier or seller - not the user (demand-side) Supply-side Enforcement Basic Assumptions Justifying “Supplyside” 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. • 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” 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 – – – – – uneducated unemployed minority male living in a large city Reality – primarily males Drug Courts as a Prevention and Control Strategy • Based on the idea that treatment will do more to 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 •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 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 Arguments Against Legalization Decriminalization •Would place high taxes on substances •Promotion of substances would be severely restricted •Tax proceeds would go to programs warning of high health risks •Sellers would be restricted through government licensure •Restrict buyers by age and through strict sanctions for public harms caused Harm Reduction Strategies • One of the basic assumptions of these strategies is that some people will never quit. 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 medical checkups Public Support for Drug Control Policies Global Illicit Drug Production