Drugs and Crime

1. 16 Drugs and Crime

2. Illegal Drug Use • Drug abuse • Illicit drug use that results in social, economic, psychological, or legal problems for the user • One of the most serious issues law enforcement faces today • Many courts have been overburdened • Leads to other crimes such as larceny, robbery, and murder Peter D. Hart Research Associates, Drugs and Crime across America: Police Chiefs Speak Out—A National Survey among Chiefs of Police (Washington, DC: Police Foundation, December 2004).

3. Illegal Drug Use • Controlled substance • A specifically defined bioactive or psychoactive chemical substance proscribed by law • Drug • Any chemical substance defined by social convention as bioactive or psychoactive • Recreational drug user

4. Victimless Crimes • A crime in which the person is a willing participant and there is no per se victim to the crime • Drug use • Illegal gambling • Prostitution

5. Alcohol Abuse • Misuse of alcohol can have dire or tragic consequences • DUI/DWI laws .08% BAC is under the influence • Approximately 1.2 million drunk driving arrests are made annually • Approximately 22% of all vehicle crashes resulting in death are alcohol-related Federal Bureau of Investigation, Crime in the United States, 2012 (Washington, DC: U.S. Dept. of Justice, 2013). Traffic Safety Facts: 2008 Data (Washington, DC: National Highway Traffic Safety Administration, 2008), http://www-nrd.nhtsa.dot.gov/Pubs/811155.PDF (accessed October 10, 2011).

6. Drugs and Crime • 47% of all offenders in federal prisons today are serving drug sentences • Drug crimes account for only about 20% of state prison populations • The number of men held in state prisons as a result of drug crimes has increased by almost 50% since 1990 • Roughly 37% of offenders consume alcohol immediately before committing a crime Federal Bureau of Prisons, “Quick Facts,” http://www.bop.gov/news/quick.jsp#3 (accessed July 6, 2013). Bureau of Justice Statistics, “Data Analysis Tool,” http://www.bjs.gov/content/dtdata.cfm#corrections(accessed May 30, 2013). Christopher J. Mumola, Substance Abuse and Treatment, State and Federal Prisoners, 1997 (Washington, DC: Bureau of Justice Statistics, 1999).

7. History of Drug Use in the U.S. • Colonial America • Drinking alcohol was safer than water • Whiskey Rebellion • Civil War • Morphine used for pain and dysentery • 1874: Heroin was invented as a substitute for morphine Charles E. Terry and Mildred Pellens, The Opium Problem (New York: Committee on Drug Addiction, 1928). Office of National Drug Control Policy, Heroin, ONDCP Fact Sheet (Washington, DC: ONDCP, 2003), p. 1.

8. History of Drug Use in the U.S. • Cocaine • Used to treat morphine addiction • Prescribed by Freud • Crack cocaine • Opium • Mixed with alcohol for elixir • Marijuana • LSD

9. What Is a Drug? • Both the law and social convention make strong distinctions between drugs that are socially acceptable and those that are not • Changing social awareness can change the classification of a substance to a “drug,” for example, nicotine and caffeine • Some substances have a medical purpose and are available with a prescription

10. Basis of Current Drug Policy • Public Health Generalism • All controlled substances are potentially harmful • Abusers are victimized by the disease of addiction Franklin E. Zimring and Gordon Hawkins, The Search for Rational Drug Control p. 9. (New York: Cambridge University Press, 1992).

11. Basis of Current Drug Policy • Cost-Benefit Specifism • Drug policy built around the social costs of drug abuse • Legalist • Drug control policies are necessary to prevent the collapse of public order and of society itself Franklin E. Zimring and Gordon Hawkins, The Search for Rational Drug Control p. 9. (New York: Cambridge University Press, 1992).

12. Anti-Drug Legislation • San Francisco, 1875 • Outlawed the smoking of opium • Harrison Narcotics Act 1914 • Boggs Act of 1951 • Crime Control Act of 1990 • Violent Crime Control and Law Enforcement Act of 1994 • Drug-Free Communities Act of 1997 President’s Commission on Organized Crime, Organized Crime Today (Washington, DC: U.S. Government Printing Office,1986). Public Laws 101–647, 103–322, 105–20, and 109–177.

13. Controlled Substances Act 1970 • Passed in 1970 and still forms the basis of federal enforcement efforts today • Established five schedules that classify psychoactive drugs according to their degree of psychoactivity and abuse potential Drug Enforcement Administration, Drugs of Abuse (Washington, DC: U.S. Government Printing Office, 1997).

15. The Anti-Drug Abuse Act of 1988 • Stepped up the “War on Drugs” and a drug czar position was created for the President’s cabinet • Greatly increased penalties for recreational drug use, including civil penalties • Selected areas can be designated as high-intensity drug-trafficking areas Anti-Drug Abuse Act of 1988, Public Law 100-690, Section 5251. This provision became effective on September 1, 1989.

16. Investigation of Abuse and Manufacturing • Constitutes a major police activity • Two legal concepts have taken on significance in drug investigations: • Abandonment refers to property that has been clearly thrown away or discarded is not protected by the 4th amendment • Curtilage is the area surrounding a residence that can reasonably be said to be a part of the residence Abel v. U.S., 363 U.S. 217 (1960). Oliver v. U.S., 466 U.S. 170 (1984).

19. Methamphetamine • Methamphetamine is a stimulant related to amphetamines but with stronger effects on the central nervous system • Taken in pill form, snorted, smoked, or injected • “Meth labs” use easily available ingredients and recipes • Is not physically addictive but can be psychologically addictive

20. Club Drugs • A general term used primarily for synthetic psychoactive substances • Rohypnol (date rape drug), GHB, GBL, MDMA (ecstasy), ketamine, meth, and PCP • Penalties for use of these drugs to incapacitate someone to commit a crime have been increased

21. Drug-Related Crimes • Economic losses from crimes committed by drug users to obtain money for drugs • Economic losses from crimes committed by users whose judgment is altered by drugs • The costs associated with drug transactions themselves • Economic losses due to organized criminal activity in support of the drug trade National Drug Intelligence Center, The Economic Impact of Illicit Drug Use on American Society (Washington, DC: U.S. Department of Justice, 2011).

22. National Drug Control Strategy • 2013 report is “based on science, not ideology” • Substance use disorders “are not just a criminal justice issue but also a major public health concern” • The United States cannot arrest or incarcerate its way out of the drug problem ONDCP, The National Drug Control Strategy, 2013

24. Principles of Modern Drug Policy • Ensure balanced, compassionate, and humane drug policies • Integrate prevention, treatment, and recovery support into public health systems • Protect human rights • Expand and support medication-assisted therapies

25. Principles of Modern Drug Policy • Reform criminal justice systems to support both public health and public safety • Disrupt drug trafficking • Address the drug problem as a shared responsibility Office of National Drug Control Policy, “Principles of Modern Drug Policy,” http://www.whitehouse.gov/ondcp/policy-andresearch/principles-of-modern-drug-policy (accessed August 20, 2013).

26. Responses to the Drug Problem • Strict law enforcement • Asset forfeiture • Interdiction • Crop control • Prevention and treatment • Legalization and decriminalization