Chapter 15 Drugs and Crime

accounts for a large proportion of present day law violations contributes to many other types of criminal activity leads to a huge number of arrests, clogged courtrooms, and overcrowded prisons places tremendous strain on the criminal justice system Drug Abuse © 2003 Prentice Hall, Inc.

Some substances have medical applicability, but usually are not available without a prescription (these occupy a middle ground on the continuum between acceptability and illegality). Examples: antibiotics diet pills tranquilizers stimulants mood-altering chemicals What is a Drug? © 2003 Prentice Hall, Inc.

Some drugs occupy the “high ground” in social and legal condemnation, including psychoactive substances, a chemical substance that affects cognition, feeling, and/or awareness. These drugs have the ability to produce substantially altered states of consciousness and have high potential for addiction. What is a Drug? © 2003 Prentice Hall, Inc.

Examples: heroin - has been advocated as beneficial in relieving suffering associated with some forms of terminal illness peyote - may be used legally by members of the Native American Church in Indian religious services LSD - has been employed experimentally to investigate the nature of human consciousness What is a Drug? © 2003 Prentice Hall, Inc.

mescaline - 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 topical anesthetic “High Ground” Drugs © 2003 Prentice Hall, Inc.

Alcohol abuse is considered one of the nation’s greatest health and social problems. More Americans drink today than anytime since WWII. Drinkers today drink more heavily than in the past. Alcohol Abuse © 2003 Prentice Hall, Inc.

30% of the American population abstains from drinking alcohol. As many as 40,000,000 Americans may be problem drinkers. 93% of high school seniors have tried alcohol. Alcohol Abuse © 2003 Prentice Hall, Inc.

Alcohol is involved in 40% of traffic fatalities, causing 16,653 highway deaths in 2000. Alcohol is consumed by approximately 37% of offenders immediately before crime commission. The number of arrests for public drunkenness reached 637,554 in 2000. 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 © 2003 Prentice Hall, Inc.

History of Drug Abuse in America widely available in “patent” medicines at corner drugstores in the 1800’s and early 1900’s widespread use among Chinese immigrants who worked on rail-roads on the West Coast Opium © 2003 Prentice Hall, Inc.

The Civil War drastically raised awareness of painkilling properties of morphine (derivative of opium) – in late 1800’s morphine was prescribed by doctors and dentists. Opium dens spread to other ethnic groups throughout the West. History of Drug Abuse in America © 2003 Prentice Hall, Inc.

Percentage Offenders Using Drugs Immediately Prior to Crime Commission, by Type of Drug Source: Substance Abuse and Treatment, State and Federal Prisoners, Bureau of Justice Statistics (Washington, D.C.: BJS, January, 2000). © 2003 Prentice Hall, Inc.

considerably less potent than heroin a relatively short history in the United States In the 1960’s, public attitude became more positive towards marijuana which then spread in an epidemic like manner across the United States. Marijuana © 2003 Prentice Hall, Inc.

botanical name - “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 © 2003 Prentice Hall, Inc.

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. Marijuana © 2003 Prentice Hall, Inc.

Upon its discovery, cocaine was touted for its powerful analgesic or therapeutic effects. In the late 1800’s, the cocaine bandwagon reached the U.S., and various medicines were offered to the American public such as Coca- Cola®. Soon, cocaine became the drug of choice among the young and upwardly mobile. Cocaine © 2003 Prentice Hall, Inc.

Drug Use and Social Awareness • Six elements of drug use are: • The conceptualization of addiction as a physical and/or medical condition is one element. • The understanding that drug use is associated with other kinds of criminal activity. © 2003 Prentice Hall, Inc.

Drug Use and Social Awareness • Generally widespread social condemnation of drug use as a waste of economic resources and human lives. • Comprehensive and detailed federal and state laws regulating the use or availability of drugs. © 2003 Prentice Hall, Inc.

Drug Use and Social Awareness • A large involvement with illicit drugs among the urban poor and the socially disenfranchised. • A shift from the definition of drug abuse as primarily a medical problem to the view that such abuse is a law enforcement issue. © 2003 Prentice Hall, Inc.

Anti-Drug Legislation 1875 - San Francisco enacted 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. This act represents the first major piece of federal anti-drug legislation. It allowed physicians, pharmacists, and members of the medical profession to register. © 2003 Prentice Hall, Inc.

1937 - 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. The Boggs Act required removal, from pharmacies within 120 days, of any medicines containing heroin. Anti-Drug Legislation © 2003 Prentice Hall, Inc.

1963 - Presidential Commission Recommendation: eliminated the of Federal Bureau of Narcotics reduced prison term for drug offenders increased research and social programs to deal with the drug problem Anti-Drug Legislation © 2003 Prentice Hall, Inc.

Comprehensive Drug Abuse Prevention and Control Act of 1970: This act still forms the basis of federal government enforcement efforts. Title II set up 5 schedules, which classify psychoactive drugs according to degree of psychoactivity and abuse potential. Anti-Drug Legislation © 2003 Prentice Hall, Inc.

Adult Arrests for Drug-Law Violations, 1985-2000 Source: Crime in the United States, Federal Bureau of Investigation (Washington, D.C.: U.S. Government Printing Office, various years). © 2003 Prentice Hall, Inc.

Schedule I - Controlled substances that 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 hashish other specified hallucinogens Controlled Substance Act © 2003 Prentice Hall, Inc.

Schedule II- 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 Controlled Substance Act © 2003 Prentice Hall, Inc.

Schedule III - 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. Controlled Substance Act © 2003 Prentice Hall, Inc.

Schedule IV - 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 include: depressants minor tranquilizers some stimulants Controlled Substance Act © 2003 Prentice Hall, Inc.

Schedule V - Prescription drugs with low potential for abuse and only limited possibility for psychological or physical dependence. Examples: Cough medicines containing opium, morphine, or codeine Anti-diarrhetics containing opium, morphine, or codeine. Controlled Substance Act © 2003 Prentice Hall, Inc.

Drug Abuse Legislation • 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 © 2003 Prentice Hall, Inc.

Drug Abuse Legislation • 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 © 2003 Prentice Hall, Inc.

Drug Abuse Legislation 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 © 2003 Prentice Hall, Inc.

Drug Abuse Legislation • 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 © 2003 Prentice Hall, Inc.

Drug Abuse Legislation • 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 © 2003 Prentice Hall, Inc.

Drug Abuse Legislation • 1994 - Violent Crime Control and Law Enforcement Act of 1994 (con’t) • mandated life imprisonment for those convicted of three violent felonies or drug offenses • mandated stiff penalties for drug crimes committed by gangs © 2003 Prentice Hall, Inc.

Investigation • Investigation of the illegal production, transportation, sale, and use of controlled substances is a major area of police activity. • Two legal concepts are abandonment and curtilage. © 2003 Prentice Hall, Inc.

Drugs, Crimes, and Social Problems • 3 Dimensions • possession, use, or sale of controlled substances which violates antidrug laws • crimes by drug users to obtain more drugs • organized criminal activities and money laundering activities © 2003 Prentice Hall, Inc.

Drugs, Crimes, and Social Problems • Current data indicates that cocaine has become the country’s most dangerous commonly used drug. • It is available in all major American metropolitan areas and most small communities. • Crack is available in large urban areas. © 2003 Prentice Hall, Inc.

Drugs, Crimes, and Social Problems • Heroin is a highly seductive and addictive drug, which produces euphoria. • Heroin abuse has been fairly consistent over the past few decades. • Younger users are using heroin. • Alcohol, cocaine, and marijuana are concurrent problems for heroin users. © 2003 Prentice Hall, Inc.

Drugs, Crimes, and Social Problems Money Laundering A process used by drug dealers to hide the sources of their revenues to avoid taxes and disguise the financial evidence of drug dealing. © 2003 Prentice Hall, Inc.

Drugs, Crimes, and Social Problems Narcoterrorism • link between drug traffickers and insurgent groups in the trafficking of narcotics • mutually beneficial to both parties; financial benefits and protection © 2003 Prentice Hall, Inc.

Chapter 15 Drugs and Crime