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Chapter 16
Drugs and Crime
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 drugrelated 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:
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–
–
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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:
Criminal Justice Today: An Introductory Test to the 21st Century
Frank Schamalleger
–
–
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–
–
–
–
–
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Heroin
LSD
Mescaline
Peyote
Methaqualone
Psilocybin
Marijuana
Hashish
Other specified
hallucinogens
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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:
Criminal Justice Today: An Introductory Test to the 21st Century
Frank Schamalleger
–
–
–
–
–
–
Opium
Morphine
Codeine
Cocaine
PCP
Other derivatives
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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:
Criminal Justice Today: An Introductory Test to the 21st Century
Frank Schamalleger
– Many drugs found in
Schedule II, but in
derivative or diluted
form
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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:
Criminal Justice Today: An Introductory Test to the 21st Century
Frank Schamalleger
– Depressants
– Minor tranquilizers
– Some stimulants
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.
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CSA Schedule V Drugs
• Prescription
drugs with low
potential for
abuse and only
limited risk of
psychological or
physical
dependency.
• Examples
include:
Criminal Justice Today: An Introductory Test to the 21st Century
Frank Schamalleger
– Cough medicines
containing opium,
morphine, or
codeine
– Anti-diarrhetics
containing opium,
morphine, or
codeine
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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 overthe-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 prescriptiontype 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
Criminal Justice Today: An Introductory Test to the 21st Century
Frank Schamalleger
– 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
Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.
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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 cleanup and repair.
• Indirect Costs
Criminal Justice Today: An Introductory Test to the 21st Century
Frank Schamalleger
– 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.
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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
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]