Chapter 10 Substance Abuse Crimes - PowerPoint Presentation

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Chapter 10

Substance Abuse Crimes

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Drug definedFirst part refers to use for positive reasons

Second suggests negative meaning

Concerns criminal lawMay be used to alter structure and function of bodyMay be done in illegal or legal ways but to excess or abuseAbuse of drugs is issue for societyDefining is difficult

Alcohol Prohibition and Regulation

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General agreement alcohol is a drug

Most frequently used of them all

Alcohol comes in many formsCan be considered medicinalCan lead to various health issues when used in excessNot always been legal for use in United StatesEighteenth AmendmentRatified in 1919Prohibited manufacture, sale, or transportation of intoxicating liquors within country, along with importation of exportation of alcohol

Alcohol Prohibition and Regulation

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Twenty-First AmendmentRatified in 1933

Repealed Prohibition

Still regulated todayRegulations not always criminalMany appeal in special codeNew YorkStatutes and ordinances govern which institutions may serve and under what circumstancesFor those contained in sections other than criminal code, statutes may provide for criminal penalties

Alcohol Prohibition and Regulation

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Any drug statute in question has designated as such

Governments have power to regulate possession, sale, distribution, and classification

Uniform Controlled Substances ActEstablishes five categories of controlled substancesSee Focus 10.1Categorized primarily in terms of perceived potential for abuseStates free to devise own actsMust not conflict with federal act

Controlled Substances

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Possession may beActual

Person has actual physical control over drug in question

ConstructiveOccurs when person who may not have actual possession has power to possessMinor in possessionRefers to minor in actual possession of alcohol (or other drugs) but may also encompass all minors in designated areas in which law enforcement find alcohol, even if not all the minors know about the illegal beveragesNew York statute

Possession of Controlled Substances

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States prohibiting possession may categorize as felony or misdemeanor

Vary in terms of categories used and extent of sanctions imposed

Marijuana is most frequently used illicit drugPossession statutes may specify various degrees of offensesMay also be categorized in terms of intentSmall amounts may carry stiff penaltiesPossession of Controlled Substances

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Criminal laws may also prohibit possession of drug paraphernalia

Any item, product, or material that could be used to violate controlled substance statutes

Statutes may require accused be in possession with intent to violate controlled substance statuteStatutes may also specify other illegal actsStatutes may also divide into degrees of seriousness, separate sections for minors, and specify traffickingPossession of Drug Paraphernalia

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Governments may permit manufacture, prescription, and sale of drugs, including controlled substances

Licensed manufacturers, pharmacists, and specified medical persons

Persons under care may possess provided they follow rulesGovernments can establish restrictions and regulateThe Manufacture, Prescription, and Sale of Illegal Drugs

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Illegal sale of controlled substances

One of the most widespread criminal problems in world

Statutes may be simpleMay provide long list of conditionsMay specify types of drugMay specify amount of drug requiredOften written in terms of degreesMay also involve sale of drug paraphernalia

Other crimes may be involved

Drug Trafficking

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May be committed by small-time offenders

Government targets large sales

Statutes present law enforcement officials with challengesSignificant quantities of illegal drugs smuggled into United StatesDifficult to detectBrought in by couriersBrought in using many different ways and methodsCan be large or small amounts

Drug Trafficking

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Violence also common in drug trafficking

Used to reduce or eliminate competition, expand markets, and intimidate anyone who interferes with trafficking

Many dealers are addictsHabits consume profitsDrug lords from other countries have big impactDrug Trafficking

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Office of National Drug Control Policy (ONDCP) classifies prescription drug abuse as fastest growing problem in United States

Centers for Disease Control (CDC) describe as an epidemic

Revealed as second most frequent type of substance abuseOver 70% got supply from family or friendsDrug induced deaths second only to motor vehicle fatalitiesPrescription Drug Abuse

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Seriousness led ONDCP to develop prevention planSee Focus 10.2

National Institute on Drug Abuse (NIDA)

Emphasizes harmful effects may also come from abuse of drugs available over the counterOften mixed with other substancesPrescription Drug Abuse

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Impossible to know nature and extentFBI reported for 2014, 83.1% of arrests were for drug possession

Highest was for marijuana (39.7%)

Death rate from heroin overdose almost quadrupled between 2000 and 2013Number four times as high or men as for womenHighest rates for non-Hispanic black persons between ages of 45 and 64Death rates increased in all regions of countryGreatest was in Midwest

Increase in heroin-caused deaths in 2014 alone increased 28%

The Nature and Extent of Drug Abuse

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Impossible to measure accuratelyThere are many facets

Federal estimates alone are staggering

NIDA estimates annual cost of alcohol, tobacco, and illicit drugs is over $700 billion in costs related to crime, lost work productivity, and health careThe Impact of Drug Abuse:Economic Cost

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Substance abuse and drug trafficking have been associated with other criminal

acts

Some users commit crimes to finance drug habitsAssociation must be given serious attentionEvidence does not show drug use causes crimeArgued drugs are driving crimeDrug abuse may lead to crime on part of victims of abuser, or lifestyle changes by abuser that lead to other criminal activity

Implications complicated by other factors

The Impact of Drug Abuse:

Drugs and Crime

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Abusing a fetus

Some jurisdictions use criminal law to cover pregnant women using drugs, including alcohol, cigarettes, and prescription drugs, causing injury (or death) to her fetus

Variety of injuries may resultMost cases have not resulted in convictionsJohnson v. State (Fla. 1992)In re Valerie D. (Conn. 1992)

State v. Peppers

(S.C. 2001)

The Impact of Drug Abuse:

Fetal Abuse

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Ferguson v. Charleston (2001)

U.S. Supreme Court ruled pregnant women suspected of drug abuse may not be tested for drugs without their permission if purpose is to alert police to substance abuse

Even with possibility that substance abuse could endanger fetusBabies born to women who abuse drugs can suffer from multiple health problemsFlorida response

The Impact of Drug Abuse:

Fetal Abuse

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NIDA describes drug abuse as major public health problem

Cites research showing some major diseases may be related to drug abuse

Can also contribute to major social problemsMental illness and deaths are associated with substance abuseHealth issues associated account for significant lost work days

The Impact of Drug Abuse:

Health of Abusers

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Illegal use of alcohol and other drugs on college and university campuses is extensive

National Institute on Alcohol Abuse and Alcoholism

See Focus 10.3Date rape often associated with use of club drugsEcstasy and GHBLatter often called date rape drug

The Impact of Drug Abuse:

Club Drugs, Alcohol, and Campus Issues

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In 2000, President Clinton signed bill into law toughening penalties for possession and distribution of GHB

Placed GHB in Schedule I category of federal Controlled Substances Act

Reducing Americans’ Vulnerability to Ecstasy (RAVE) Act of 2002Prohibits renting, leasing, or profiting form any place in which club drugs are usedThe Impact of Drug Abuse:

Club Drugs, Alcohol, and Campus Issues

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Many states have passed legislation to regulate club drugs

One problem is substitute drugs have been developed to avoid reach of statutes

Some statutes include chemicals that are similar in chemistry or effect to named drugsSome also prohibit specific sexual acts with someone under influence of date rape or similar drugThe Impact of Drug Abuse:

Club Drugs, Alcohol, and Campus Issues

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Every aspect of system affected by drug abuse and efforts to control it

Also present personnel with some of their most frustrating problems

Escalation of drug trafficking results in serious issues in all elements of systemSignificant number of court cases involve drug-related issuesThe Impact of Drug Abuse:Effects on Criminal Justice Systems

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Various approaches used in national efforts to control illegal drugs

Forfeiture

Permits government to order personal or real property acquired from money derived through illegal acts be turned over to governmentApproximately 100 federal statutes permit even if criminal charges not formally filedAlso permitted under state statutesMay occur without prior noticeSome require bond posted over specified percentage

The Control of Substance Abuse

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U.S. Supreme Court has shown some concern with potential unfairness of

forfeitures

Court has ruled value of seized property must not be excessive when compared to seriousness of crimes in questionCourt views forfeiture as punishment and applies cruel and unusual punishment clause of Eighth Amendment to analysis of forfeituresAustin v. United States (1993) and Alexander v. United States (1993)

The Control of Substance Abuse

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Bennis v. Michigan (1996)

Court upheld forfeiture of property belonging to innocent owner who was not aware property would be used in crime

Recent efforts to control drug-related crimes have focused primarily on long prison sentencesMust be considered in light of total impact on systemThe Control of Substance Abuse

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Major attempt at controlling high-level trafficking is at federal level

Efforts relatively recent

Harrison Narcotics Act of 1914Enacted for purpose of recording sale of drugs and as tax measureDrugs became increasingly difficult to get from physiciansBoggs Act in 1951Provided stiff mandatory minimum sentences for drug offenses

The Federal Level

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Narcotic Drug Control Act of 1956

Provided even stiffer penalties

Comprehensive Drug Abuse Prevention and Control Act of 1970Generally called Controlled Substances ActEstablished five categories of controlled substancesSee Focus 10.1Other acts passed in recent years

The Federal Level

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Initiated by President Nixon in early 1970sContinued by President Reagan in 1980s

Passage of Anti-Drug Abuse Act of 1986

Increased penalties for federal drug-related offensesProvided funding for treatment, prevention, and rehabilitation programsHas withstood some constitutional challengesThe Federal

Level:

U.S. War on Drugs: A Brief History

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Passage of Anti-Drug Abuse Act of 1988

Directed President to examine extent and nature of drug problem and propose policies for dealing with it

ONDCP established within office of presidentFederal drug-control strategy also contained provisions for federal grants to state and local agencies for law enforcement purposesViolent Crime Control and Law Enforcement Act of 1994Increased penalties for drug offenses

The Federal

Level:

U.S. War on Drugs: A Brief History

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War on drugs has been hotly debatedIs expensive, costing billions of dollars while showing little

success

May have differential impact on persons of color and the poorRacial discrimination has been suggested in sentencing as wellRatio for penalties of crack versus powder cocaineThe Federal

Level:

U.S. War on Drugs: A Brief History

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African Americans argue they are more often selected for drug prosecutions

United States v. Armstrong

(1996)U.S. Supreme Court ruled defendant alleging racial bias must show similarly situated persons of other races were not prosecutedSubsequent presidents tried different drug policiesThe Federal Level:

U.S. War on Drugs: A Brief History

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R. Gil Kerlikowske

confirmed national drug czar in May 2009

Focus would be on reducing demand for illegal drugs2012 strategy focused on law enforcement, drug prevention, and public health care approachFocused on populations disproportionately affected by drug abuseThe Federal Level:

Recent White House Drug-Control Policies

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In 2014, emphasis placed on drug treatment rather than incarceration

2016 Companion to the National Drug Control Strategy

Requested increase of more than $1.2 billion over previous year’s budget for drug controlObama administration drug plan includes incentives and financial support for state initiated programs to reduce drug abuseThe Federal Level:

Recent White House Drug-Control Policies

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Typical statutes of harsh sentencing efforts to control drug trafficking and use of illegal drugs

New York

Rockefeller LawsWent into effect in 1973Increased penalties for drug possession and sale of drugsPassed with two purposes in mindFrighten drug users and drug dealers into quittingCurb drug-related crimes1977 report concluded neither goals met

The State Level:

Mandatory Sentencing

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Study of New York laws revealed significant increase in court congestion, increased costs, and overcrowding of jails and prisons

Crimes related to drug use did not go down

New York judges openly criticized lawsNew York legislature passed reform bill in 2004Expanded drug treatmentReduced prison sentences for certain offendersPermitted residential treatment for some offendersPermitted resentencing for some offenders

Other changes made in subsequent years

Still argued needed

fixing

The State Level:

Mandatory Sentencing

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Other states also have long mandatory minimums for drug offenses

designed to incarcerate hard-core traffickers for years

Has not been resultAnalysis of 58,000 drug convictions won by local prosecutors in Houston, TX area revealed 77% involved defendants who had less than a gram of drug in their possessionTypes of laws under fire in many jurisdictionsThe State Level:

Mandatory Sentencing

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Treatment approach seen in reactions of some jurisdictions, including federal government

Idaho statute

No prosecutions solely based on consumptionDeclares government should utilize resources to facilitate research and treatment for alcoholism and drug addictionCalifornia’s Proposition 36Provided for treatment for first time or second minor drug offenses

The State Level:

Substance Abuse and Treatment

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Based on diversion and treatment approachBegan in Miami, FL in 1989

Constitute alternative to traditional prosecution in criminal courts

Described as “supervised by a sitting judge, a drug court is an intensive, community-based treatment, rehabilitation, and supervision program for drug defendants”The Control of Substance Abuse:Drug Courts

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1994 federal criminal code revision included provision for federal drug courts and grants to states to develop drug

courts

Drug courts in operation in all states in 2001Programs vary in size and typeFamily drug courts exist in some jurisdictionsThe Control of Substance Abuse:

Drug Courts

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Many agree some aspects of substance abuse should be included in criminal law

Not much agreement on criminalization of possession of small amounts of drugs such as marijuana

Many consider use to be private matterOthers say it is dangerousLegalizing Marijuana

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Movement led by California in 1996

Passed Proposition 215

Compassionate Use Act of 1996Legalized use of marijuana by seriously ill persons, with physician’s prescriptionIn reaction, Oakland Cannabis Buyers’ Cooperative organizedProvided distribution of marijuana to people qualifying under new act

Legalizing Marijuana:

Marijuana for Medicinal Purposes

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Subsequently, federal district court enjoined cooperative

Group refused and was held in contempt of court

Ninth Circuit Court of Appeals ruled necessity defense applies in such casesMedical need would constitute defense to prosecution of federal statuteU.S. Supreme Court reversed Ninth CircuitNecessity defense not applicableCalifornia court issued injunctions

Legalizing Marijuana:

Marijuana for Medicinal Purposes

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Injunctions allowed government to process violators through civil courts and avoid criminal courts with harsher

penalties

Challenge for advocates is now to convince Congress to amend Schedule I of the Controlled Substances ActCongress has made some changesIncluded amendment prohibiting federal prosecutors from using federal funds to prosecute medical marijuana charges legal in in states in which they occur

Legalizing Marijuana:

Marijuana for Medicinal Purposes

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Gonzales v.

Raich

(2005)U.S. Supreme Court ruled Congress has authority to enact legislation to regulate growth of marijuana by persons who use it for medicinal reasons even though state permits useIn 2011, federal agents began conducting raids of some dispensaries in CaliforniaIn August 2013, DOJ sent memo to all U.S. Attorneys stating agency priorities regarding drug enforcementMemo listed eight priorities

Legalizing Marijuana:

Marijuana for Medicinal Purposes

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In 2015, Supreme Court of Colorado decided state’s medical marijuana amendment is “lawful activity” under state’s “lawful activity statute”

Coats v. Dish Network, LLC (Colo. 2015)

Employer may discharge employee for violating law, including state law permitting medical use of marijuanaLegalizing Marijuana:Marijuana for Medicinal Purposes

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Some states have legalized possession of small amounts for personal use

Colorado first state to decriminalize possession of small amounts for personal, recreational use

Sales have gone rather smoothly since beginning in December 2012Other jurisdictions have reduced penalties or reclassified marijuanaCaliforniaDistrict of Columbia

Legalizing Marijuana:

Recreational Use of Marijuana

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Some jurisdictions have reduced number of arrests made for possession of small amounts

New York

Many practical, social, legal, medical, philosophical, and other issues arising from trend toward decriminalizing possession of small amountsLegalizing Marijuana:Recreational Use of Marijuana