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1. © 2001 Prentice Hall, Inc. 1 Chapter XV – Drugs and Crime
2. © 2001 Prentice Hall, Inc. 2 Drug Abuse 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
3. © 2001 Prentice Hall, Inc. 3 Drug Abuse: Some Consequences 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
4. © 2001 Prentice Hall, Inc. 4 Percentage of Federal Prisoners Sentenced For Drug Offenses, 1970-1998. Source: Sourcebook of Criminal Justice Statistics Online, Table 6.52
5. © 2001 Prentice Hall, Inc. 5 What is a Drug? Controlled substance – a specifically defined bioactive or psychoactive chemical substance proscribed by law Drug – any chemical substance defined by social convention as bio- or psychoactive
6. © 2001 Prentice Hall, Inc. 6 What is a Drug? 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
7. © 2001 Prentice Hall, Inc. 7 What is a Drug? Some drugs occupy the “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
8. © 2001 Prentice Hall, Inc. 8 “High ground” Drugs: Examples Peyote – 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 topical anesthetic
9. © 2001 Prentice Hall, Inc. 9 Alcohol Abuse 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
10. © 2001 Prentice Hall, Inc. 10 Alcohol Abuse 30% of American population abstain from drinking alcohol
As many as 40,000,000 Americans may be problem drinkers
93% of high school seniors have tried alcohol
11. © 2001 Prentice Hall, Inc. 11 Alcohol Abuse Alcohol is involved in 38.6% 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%
12. © 2001 Prentice Hall, Inc. 12 History of Drug Abuse in America Opium and its derivatives 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
13. © 2001 Prentice Hall, Inc. 13 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)
14. © 2001 Prentice Hall, Inc. 14 Derivatives of Opium Heroin –
Most potent derivative of opium
Invented as a substitute for morphine by German chemists in 1898
15. © 2001 Prentice Hall, Inc. 15 Marijuana Considerably less potent than heroin
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
16. © 2001 Prentice Hall, Inc. 16 Marijuana 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
17. © 2001 Prentice Hall, Inc. 17 Marijuana Most users are young, with many less than 20 years of age
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
18. © 2001 Prentice Hall, Inc. 18 Marijuana 11.3% of 8th 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
19. © 2001 Prentice Hall, Inc. 19 Marijuana 19% of all marijuana is produced domestically
20. © 2001 Prentice Hall, Inc. 20 LSD 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
21. © 2001 Prentice Hall, Inc. 21 LSD
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 user and 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
22. © 2001 Prentice Hall, Inc. 22 LSD LSD is almost always swallowed The LSD experience is usually described as a ’trip’ because it is like a journey to another place
23. © 2001 Prentice Hall, Inc. 23 Cocaine 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
24. © 2001 Prentice Hall, Inc. 24 Cocaine 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
25. © 2001 Prentice Hall, Inc. 25 Cocaine 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
26. © 2001 Prentice Hall, Inc. 26 Cocaine 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
27. © 2001 Prentice Hall, Inc. 27 Cocaine
Often diluted with a variety of other ingredients
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
28. © 2001 Prentice Hall, Inc. 28 Cocaine Cocaine users can be classified into three types:
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
29. © 2001 Prentice Hall, Inc. 29 Crack Cocaine Derivative of powdered cocaine
Became popular in the 1980s Sold today in the form of “rocks,” “cookies,” or “biscuits” which are then smoked
30. © 2001 Prentice Hall, Inc. 30 Crack Cocaine 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
31. © 2001 Prentice Hall, Inc. 31 Crack Cocaine 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
32. © 2001 Prentice Hall, Inc. 32 Heroin 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 of opium-itself the product of the milky fluid found in the flowering poppy plant (Papaver somniferum)
33. © 2001 Prentice Hall, Inc. 33 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
34. © 2001 Prentice Hall, Inc. 34 Heroin 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
35. © 2001 Prentice Hall, Inc. 35 Heroin Withdrawal symptoms: 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
36. © 2001 Prentice Hall, Inc. 36 Heroin 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
37. © 2001 Prentice Hall, Inc. 37 Drug Abuse Legislation 1875 – 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
38. © 2001 Prentice Hall, Inc. 38 Drug Abuse Legislation 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
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
39. © 2001 Prentice Hall, Inc. 39 Drug Abuse Legislation 1963 – 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
40. © 2001 Prentice Hall, Inc. 40 Title II – Schedule of Drugs Schedule I – 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
41. © 2001 Prentice Hall, Inc. 41 Title II – Schedule of Drugs 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 include:
Opium
Morphine
Codeine
Cocaine
PCP
Other Derivatives
42. © 2001 Prentice Hall, Inc. 42 Title II – Schedule of Drugs Schedule III – 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
43. © 2001 Prentice Hall, Inc. 43 Title II – Schedule of Drugs Schedule IV – 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
44. © 2001 Prentice Hall, Inc. 44 Title II – Schedule of Drugs Schedule V – 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
45. © 2001 Prentice Hall, Inc. 45 Adult Arrests For Drug-Law Violations, 1985-1998. Source: Crime in the United States Federal Bureau of Investigation (Washington, D.C.: U.S. Government Printing Office, various years)
46. © 2001 Prentice Hall, Inc. 46 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
47. © 2001 Prentice Hall, Inc. 47 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
48. © 2001 Prentice Hall, Inc. 48 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
49. © 2001 Prentice Hall, Inc. 49 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
50. © 2001 Prentice Hall, Inc. 50 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
Mandated life imprisonment for those convicted of three violent felonies or drug offenses
Mandated stiff penalties for drug crimes committed by gangs
51. © 2001 Prentice Hall, Inc. 51 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
Asset Forfeiture
52. © 2001 Prentice Hall, Inc. 52 Supreme Court Cases Hester v. U.S. (1924)
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
53. © 2001 Prentice Hall, Inc. 53 Supreme Court Cases U.S. v. Dunn (1987)
Court concluded that even though an area may be fenced, it is not within the curtilage of 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