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Chapter XV Drugs and Crime

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Chapter XV Drugs and Crime

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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

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