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Chapter XV – Drugs and Crime. Definition – “illicit drug use that results in social, economic, psychological, or legal problems for the user” ( Drugs, Crime, and the Justice System , Bureau of Justice Statistics, 1992, p 20). Accounts for a large proportion of present day law violations.

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Chapter xv drugs and crime l.jpg
Chapter XV – Drugs and Crime

© 2001 Prentice Hall, Inc.


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Definition – “illicit drug use that results in social, economic, psychological, or legal problems for the user”(Drugs, Crime, and the Justice System, Bureau of Justice Statistics, 1992, p 20)

Accounts for a large proportion of present day law violations

Drug Abuse

© 2001 Prentice Hall, Inc.


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Lost productivity

Wasted human potential

Fragmented families

Violence

Other crimes

About 70% of all first offenders in federal prison are serving time for drug offenses

Drug Abuse:Some Consequences

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Percentage of Federal Prisoners Sentenced For Drug Offenses, 1970-1998.Source: Sourcebook of Criminal Justice Statistics Online, Table 6.52

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Controlled substance 1970-1998.– a specifically defined bioactive or psychoactive chemical substance proscribed by law

Drug– any chemical substance defined by social convention as bio- or psychoactive

What is a Drug?

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Some substances have 1970-1998.medical applicability, but usually are not available without a prescription (these occupy a middleground on the continuum between acceptability and illegality)

Examples:

Antibiotics

Diet pills

Tranquilizers

Stimulants

Mood-altering chemicals

What is a Drug?

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Some drugs occupy the 1970-1998.“high ground” in social and legal condemnation including psychoactive substances (a chemical substance which affects cognition, feeling, and/or awareness)

These drugs have the ability to produce substantially altered states of consciousness and have high potential for addiction

Examples:

Heroin – has been advocated as beneficial in relieving suffering associated with some forms of terminal illness

What is a Drug?

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Peyote 1970-1998.– may be used legally by members of the Native American Church in Indiana religious services

LSD– has been employed experimentally to investigate the nature of human consciousness

Mescaline– as with peyote it may be used legally in the religious services of members of the Native American Church

Cocaine– used in certain medical conditions and can be applied as a topicalanesthetic

“High ground” Drugs:Examples

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Considered one of the nation’s greatest health and social problems

More Americans drink today than anytime since WW II

Drinkers today drink more heavily than in the past

On average up to 1/2 of U.S. teenagers become intoxicated once every two weeks

Over 650,000 people every year injured in alcohol-related motor vehicle accidents

Alcohol Abuse

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30% of American population abstain from drinking alcohol problems

As many as 40,000,000 Americans may be problem drinkers

93% of high school seniors have tried alcohol

Alcohol Abuse

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Alcohol is involved in problems38.6% of traffic fatalities, causing 16,189 highway deaths in 1997

Alcohol is consumed by approximately 37% of offenders immediately before crime commission

Number of arrests for public drunkenness reached 710,000 in 1998

In the case of violent crime, the percentage of offenders under the influence of alcohol at the time of the crime is 42%

Alcohol Abuse

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Widely available in “patient” medicines at corner drugstores in the 1800s and early 1900s

Widespread use among Chinese immigrants who worked on rail-roads on the west coast

Civil War drastically raised awareness of painkilling properties of morphine (derivative of opium) – in late 1800s morphine was prescribed by doctors and dentists

Opium dens spread to other ethnic groups throughout the West

History of Drug Abuse in AmericaOpium and its derivatives

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Percentage of Offenders Using Drugs Immediately Prior to Crime Commission, By Type of Drug. Source: Substance Abuse and Treatment, State and Federal Prisoners, 1997 ,Bureau of Justice Statistics (Washington, D.C.: BJS, January, 1999)

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Derivatives of Opium Crime Commission, By Type of Drug. Source:

Heroin –

Most potent derivative of opium

Invented as a substitute for morphine by German chemists in 1898

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Considerably less potent than heroin Crime Commission, By Type of Drug. Source:

A relatively short history in the United States

In 1960s public attitude became more positive towards marijuana which then spread in an epidemic like manner across the United States

Marijuana

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Botanical name – Crime Commission, By Type of Drug. Source: “cannabis 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 2-3 hours

Marijuana

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Most users are young, with many less than 20 years of age Crime Commission, By Type of Drug. Source:

Most marijuana is brought to the U.S. from Mexico and Columbia

No clearly established medical use, but used as supplemental medication in cases of on-going chemotherapy and in treatment of AIDS patients

Marijuana

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11.3% of 8 Crime Commission, By Type of Drug. Source: th graders, according to the U.S. Department of Health and Human Services, were current users

In 1998, 23% of 8th graders had tried marijuana at least once

Marijuana

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19% of all marijuana is produced domestically Crime Commission, By Type of Drug. Source:

Marijuana

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Found adherents among youthful idealists of the 1960s and 1970s

The hallucinogen LSD was discovered by Dr. Albert Hofmann, 1938

Limited use in the U.S. in the 1950s for treatment of psychiatric disorders

LSD

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It can also produce extreme anxiety states or panic attacks, not only while under the influence of the drug, but for some time after

LSD use may result in changes in the personality of the userand can impair judgment

Lysergic Acid Diethylamide (LSD) is an hallucinogenic or psychedelic drug

LSD can trigger underlying mental problems and produce delusions, paranoia, and schizophrenia-like states

LSD

Timothy Leary

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LSD is almost always swallowed not only while under the influence of the drug, but for some time after

The LSD experience is usually described as a ’trip’ because it is like a journey to another place

LSD

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Upon discovery, touted for powerful analgesic or therapeutic effects

Often portrayed as glamorous drug by television shows and the movies beginning in the 1970s

Late 1800s – cocaine bandwagon reached U.S. and various medicines were offered to American public such as Coca-Cola

Soon, became drug of choice among young and upwardly mobile

Cocaine

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Most potent central nervous system stimulant of natural origin

Extracted from the leaves of a coca plant

Since ancient times, has been used by Native Indians throughout highlands of Central and South America who chew on leaves of coca plant to overcome altitude sickness and to sustain high levels of physical energy

Cocaine

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Has medicinal value as topical anesthetic for use on sensitive tissue such as eyes and mucous membranes

Other names for cocaine are – coke, snow nose candy, flake, blow, big C, lady, white, and snowbirds

Cocaine

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Produces intense psychological effects including sense of exhilaration, super-abundant energy, hyperactivity, and extended wakefulness

Generally reaches the U.S. in form of heavily processed white crystalline powder

Most cocaine enters the U.S. from Peru, Bolivia, or Columbia

Cocaine

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Often diluted with a variety of other ingredients exhilaration, super-abundant energy, hyperactivity, and extended wakefulness

May create unwanted side effects of irritability and apprehension – while excessive doses may cause seizures and death from heart failure, cerebral hemorrhage, and respiratory collapse

Cocaine

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Cocaine users can be classified into three types: exhilaration, super-abundant energy, hyperactivity, and extended wakefulness

The younger, often minority crack user

The older injector who is combining cocaine HCL with heroin in a speedball

The older, more affluent user who is snorting cocaine HCL

Cocaine produces intense psychological effects, including a sense of exhilaration, superabundant energy, hyperactivity, and extended wakefulness

Cocaine

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Derivative of powdered cocaine exhilaration, super-abundant energy, hyperactivity, and extended wakefulness

Became popular in the 1980s

Sold today in the form of “rocks,” “cookies,” or “biscuits” which are then smoked

Crack Cocaine

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Comes in salt-form, white to tan pellets, or crystalline rocks that look like soap

The DEA estimates that crack rocks are between 75 and 90% pure cocaine

Normally smoked

Also known as – rock or freebase

Crack cocaine is cocaine hydrochloride that has been chemically altered to form crystals

Crack Cocaine

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Crack Cocaine rocks that look like soap

Crack cocaine is very short acting which can lead user to keep chasing the initial “rush”

Crack cocaine can produce tolerance – necessitating users to take larger and larger amounts to obtain the same effect

Continued use can lead to paranoia, hallucinations, and psychosis

© 2001 Prentice Hall, Inc.


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Middle Eastern Heroin rocks that look like soap

Can be sniffed, smoked, or injected

Often cut with powdered milk, food coloring, cocoa, or brown sugar

Classified as a narcotic, it is a derivative ofopium-itself the product of the milky fluid found in the flowering poppy plant(Papaver somniferum)

Heroin

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Middle Eastern Heroin rocks that look like soap

Heroin

  • For injection the heroin is mixed with water and citric acid in a spoon and heated until it becomes a clear brown solution. The solution is drawn up in a syringe, often using a cigarette filter to filter out impurities. It can then be injected directly into a vein, muscle, or beneath the skin

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Middle Eastern Heroin rocks that look like soap

Opium poppies have been grown in the Mediterranean region since 300 B.C.E.

Although not used medicinally in the U.S., many substances to which it is chemically related – such as morphine, codeine, hydrocodone, naloxone, and oxymorphone – do have important medicinal uses as pain relievers

Heroin

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Withdrawal symptoms: rocks that look like soap running nose, sweats, chills, and cramps if the drug is withdrawn

Most heroin in U.S. comes from Southwest Asia and Mexico

Most heroin sold in the U.S. is only 5% pure

Typical user is male over 30 who has previously been in treatment

Heroin

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Heroin rocks that look like soap

The dose reaches the brain almost immediately, increasing the possibility of overdose

Impurities are introduced directly into the bloodstream. This can cause septacaemia and other infections

Repeated injections damage the veins, leading to thrombosis and abscesses

Sharing syringes can cause hepatitis and HIV, the virus that can cause AIDS

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1875 rocks that look like soap– San Francisco enacts statute prohibiting smoking of opium

1914– Harrison Narcotics Act –

Required persons dealing in opium, morphine, heroin, cocaine, and specified derivatives of these drugs to register with federal government and pay a yearly tax of $1.00

Represents first major piece of federal anti-drug legislation

Allowed physicians, pharmacists, and members of the medical profession to register

Drug Abuse Legislation

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1937 rocks that look like soap – Marijuana Tax Act –placed a tax of $100 per ounce on cannabis

1951 –Boggs Act –

Marijuana and several other drugs became federally prohibited controlled substances

Required removal, from pharmacies, within 120 days of any medicines containing heroin

1956– Narcotics Control Act –

Increased penalties for drug trafficking and possession

Made sale of heroin to those under 18 a capital offense

Drug Abuse Legislation

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1963 rocks that look like soap– Presidential Commission Recommendation -

Elimination of Federal Bureau of Narcotics

Reduced prison term for drug offenders

Increased research and social programs to deal with the drug problem

1970– Comprehensive Drug Abuse Prevention and Control Act of 1970 –

Still forms basis of federal government enforcement efforts

Title II – set up 5 schedules which classify psychoactive drugs according to degree of psychoactivity and abuse potential

Drug Abuse Legislation

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Schedule I rocks that look like soap– controlled substances which have no established medical usage, cannot be used safely, and have great potential for abuse – this schedule includes:

Heroin

LSD

Mescaline

Peyote

Methaqualone

Psilocybin

Marijuana

Hasish

Other Specified Hallucinogens

Title II – Schedule of Drugs

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Schedule II rocks that look like soap– substances defined as drugs with high abuse potential for which there is currently accepted pharmacological or medical use. Most are considered addictive – examples include:

Opium

Morphine

Codeine

Cocaine

PCP

Other Derivatives

Title II – Schedule of Drugs

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Schedule III rocks that look like soap– involve lower abuse potential than drugs in Schedules I or II. 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

Title II – Schedule of Drugs

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Schedule IV rocks that look like soap– have relatively low potential for abuse, useful in established medical treatments, involve only limited risk of psychological or physical dependency – examples include:

Depressants

Minor Tranquilizers

Some Stimulants

Title II – Schedule of Drugs

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Schedule V rocks that look like soap– prescription drugs with low potential for abuse and only limited possibility for psychological or physical dependence – examples include:

Cough medicines containing opium, morphine, or codeine

Anti-diarrheals containing opium, morphine, or codeine

Title II – Schedule of Drugs

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Adult Arrests For Drug-Law Violations, 1985-1998 rocks that look like soap. Source: Crime in the United States Federal Bureau of Investigation (Washington, D.C.: U.S. Government Printing Office, various years)

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Drug Abuse Legislation rocks that look like soap

1988 – Anti-Drug Act of 1988 –

  • Aimed at obtaining a drug free America

  • 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

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Drug Abuse Legislation rocks that look like soap

1990– Crime Control Act of 1990 –

  • Doubled appropriations for law enforcement grants to state and local communities to fight drugs

  • Improved drug control educational programs aimed at schools

  • Expanded drug enforcement in rural states

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Drug Abuse Legislation rocks that look like soap

1990– Crime Control Act of 1990 (con’t)–

  • Expanded regulation of precursor chemicals used in manufacture of illegal drugs

  • Sanctioned anabolic steroids

  • Created “drug free school zones”

  • Enhanced agents ability to seize property used in drug transactions or purchased with drug proceeds

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Drug Abuse Legislation rocks that look like soap

1994 – Violent Crime Control and Law Enforcement Act of 1994 –

  • Increased funding for rural anti-crime and drug efforts and drug treatment programs

  • Created a treatment schedule for all drug-addicted federal prisoners

  • Required post-conviction drug testing of all federal prisoners upon release

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Drug Abuse Legislation rocks that look like soap

1994 – Violent Crime Control and Law Enforcement Act of 1994 – (con’t)

  • Tripled penalties for using children to deal near schools and playgrounds

  • Expanded federal death penalty to cover offenders involved in large scale drug trafficking

  • Mandated life imprisonment for those convicted of three violent felonies or drug offenses

  • Mandated stiff penalties for drug crimes committed by gangs

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Asset Forfeiture rocks that look like soap

1970 –Organized Crime Control Act

Racketeer Influenced and Corrupt Organizations (RICO) is section of the 1970 Act

Designed to prevent criminal infiltration of legitimate businesses and since has been extensively applied in federal drug-smuggling cases

In 1978, Congress authorized civil forfeiture of any assets acquired through narcotics trafficking in violation of federal law

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Hester v. U.S. (1924) rocks that look like soap

Supreme Court held that law enforcement officers could search an open field without a warrant

Oliver v. U.S. (1984)

Expanded authority to search field without a warrant to include secluded and fenced fields posted with no trespassing signs

Supreme Court Cases

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U.S. v. Dunn (1987) rocks that look like soap

Court concluded that even though an area may be fenced, it is not within thecurtilageof a residence if it is sufficiently distant from the area of household activity which attends the residence

Curtilage– legal term describing the area surrounding a residence which can reasonably be said to be a part of the residence for Fourth Amendment purposes

Supreme Court Cases

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