The Ongoing Battle AgainstIllegal Drugs

The Ongoing Battle AgainstIllegal Drugs

© 2002 Wadsworth Publishing Co.

Chapter 16Introduction to Criminal Justice 2003:

A Microsoft® PowerPoint® Tool

Slides prepared by:Larry Bassi

SUNY Brockport

Chapter 16Introduction to Criminal Justice 2003:

A Microsoft® PowerPoint® Tool

Slides prepared by:Larry Bassi

SUNY Brockport

Marijuana

Alcohol

Stimulants

Sedatives

Types of Psychoactive DrugsTypes of Psychoactive Drugs

Opiates

Hallucinogens

Differences Between Illicit and Licit Drugs

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.

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.

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

Schedules of Narcotics as Defined by the Federal Controlled Substances Act

Major Drug Prohibition Legislation

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)

• 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

Marijuana - The “Gateway” Drug

The gateway effect refers tothe phenomenon wherebymarijuana may lead one to try(and possibly become addicted)to “harder” illegal substances.

The gateway effect refers tothe phenomenon wherebymarijuana may lead one to try(and possibly become addicted)to “harder” illegal substances.

During Prohibition / After ProhibitionDuring Prohibition / After Prohibition

Murderand

ViolentCrimeTrends

Murderand

ViolentCrimeTrends

Relationship of Violent Crime and Prohibition

Relationship of Violent Crime and Prohibition

Three Factors in the Learning Process That Cause First-time Drug Users to Become

Multiple Users.

Three Factors in the Learning Process That Cause First-time Drug Users to Become

Multiple Users.

Perceiving the

pleasurable effects of drug use

Learn to enjoy the

social experience of taking drugs

Learning the techniques of

drug use

Medical v. Criminal ModelMedical 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 endangersociety with their

behavior and should be treated

as any other citizen who

commits other crimes

Explanations for the Relationships Between Drugs and Crime

Explanations for the Relationships Between Drugs and Crime

Purports that individuals act violently orcriminally as a direct result of the drugs they

have ingested

Psychopharmacological ModelPsychopharmacological Model

Holds that drug abusers commit crimes in order to get the money to purchase drugs.

Economically Impulsive ModelEconomically Impulsive Model

Implies that violence is a by-product of theinterpersonal relationships within the drug

using community

Systemic ModelSystemic Model

Committing Crime Under the Influence of Drugs and Alcohol

Committing Crime Under the Influence of Drugs and Alcohol

The 20-80 RuleThe 20-80 Rule

20% of psychoactive drug users20% of psychoactive drug users

Consume 80% of the totalamount of psychoactive

drugs used.

Consume 80% of the totalamount of psychoactive

drugs used.

Federal Agencies Involved in Drug Enforcement

Federal Agencies Involved in Drug Enforcement

Drug EnforcementAdministration

Federal Bureau of Investigation

Immigration andNaturalization Service

U.S.Customs

U.S. CoastGuard

U.S. BorderPatrol

U.S. Military

Federal Drug Control Budget, 2000Federal Drug Control Budget, 2000

Drug Treatment

Drug Prevention

Domestic Law Enforcement

International Law Enforcement

Interdiction

Research

Intelligence

$3,147

$2,064

$8,631

$1,922

$856

$289Budget Authority

(in millions of dollars)

Goals of Local Police Drug Enforcement Activity

Goals of Local Police Drug Enforcement Activity

To reduce gang violence associated

with illegal drug trade

To improve the quality of life in

communities plagued by illegal

drug use

To control street crimes committed by

illegal drug users

To deter minors from using illegal drugs

To improve the physical, social, andeconomic well-being of illegal drug users

Mandatory Minimum Sentence Laws as a Drug Enforcement Strategy

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

Punishment for First-Time Offenders

Asset Forfeiture Program of 1984 as a Drug Enforcement Strategy

Asset Forfeiture Program of 1984 as a Drug Enforcement Strategy

Forfeiture laws include all assets purportedlytraceable to drug transactions as well as realproperty purportedly obtained or used in theillegal 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 hearsayobjections.

Forfeiture laws include all assets purportedlytraceable to drug transactions as well as realproperty purportedly obtained or used in theillegal 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 hearsayobjections.

“School yard” Statutes as a Drug Enforcement Strategy

“School yard” Statutes as a Drug Enforcement Strategy

Statutes that specify minimum terms of three year to sometimeslife or up to three times the term and fine as would otherwise been

authorized for any person distributing illicit drugs on or within1,000 feet of school property.

Is the “cure” worse than the disease”?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.

• 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 supplieror seller - not the user

(demand-side)

Focus is on the supplieror seller - not the user

(demand-side)

Supply-side EnforcementSupply-side Enforcement

Basic Assumptions Justifying “Supply-side” Enforcement Efforts.

Basic Assumptions Justifying “Supply-side” 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.

• 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.”

• 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”“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 v. Reality: Who is using drugs?

Myth

– uneducated– unemployed– minority– male– living in a large

city

Myth

– uneducated– unemployed– minority– male– living in a large

city

Reality

– primarily males

Reality

– primarily males

Drug Courts as a Prevention and Control Strategy

Drug Courts as a Prevention and Control Strategy

• Based on the idea thattreatment will do moreto 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.

• Based on the idea thattreatment will do moreto 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

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

•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 LegalizationBenefits 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

• 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

ArgumentsAgainstLegalization

ArgumentsAgainstLegalization

Legalization would lead to increaseduse and abuse

Market for newly legalized drugs wouldexpand

An increase in violence would occur withthe use of newly legalized drugs

•Would place high taxes on substancesWould place high taxes on substances

•Promotion of substances would be severelyPromotion of substances would be severelyrestrictedrestricted

•Tax proceeds would go to programs warningTax proceeds would go to programs warningof high health risksof high health risks

•Sellers would be restricted throughSellers would be restricted throughgovernment licensuregovernment licensure

•Restrict buyers by age and throughRestrict buyers by age and throughstrict sanctions for public harms causedstrict sanctions for public harms caused

•Would place high taxes on substancesWould place high taxes on substances

•Promotion of substances would be severelyPromotion of substances would be severelyrestrictedrestricted

•Tax proceeds would go to programs warningTax proceeds would go to programs warningof high health risksof high health risks

•Sellers would be restricted throughSellers would be restricted throughgovernment licensuregovernment licensure

•Restrict buyers by age and throughRestrict buyers by age and throughstrict sanctions for public harms causedstrict sanctions for public harms caused

DecriminalizationDecriminalization

Harm Reduction StrategiesHarm Reduction Strategies

• One of the basic assumptions of these strategies is that some people will neverquit. 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 medicalcheckups

• One of the basic assumptions of these strategies is that some people will neverquit. 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 medicalcheckups

Public Support for Drug Control Policies

Public Support for Drug Control Policies

Global Illicit Drug ProductionGlobal Illicit Drug Production