Drugs and Crime in America

Substantial assistance

-If an offender assists the prosecution in a lucrative way in the conviction of another, they may ask for a substantial assistance departure -Basically, as long as the government was able to convict another based on information supplied by the defendant, the sentencing judge may depart from the sentencing guidelines -A pre-determined sentence is agreed upon between the prosecutor and defense counsel and it is presented to the judge along with a guilty plea The judge makes the ultimate decision on the final sentence -Used in higher instances for female offenders/white offenders/those with a H.S. diploma/offenders facing mandatory minimums/greater CCH/less toxic drugs (cocaine vs crack)

Crime control

-Policy Most policies focus primarily on controlling drug-related crime All controlled dangerous substances are regulated by the government Drug enforcement equates to crimes, arrests, incarceration, & criminal histories -Negative Effects Prison population has increased 600% over the last three decades Sentences have become longer and more severe Policies are premised on the theory of deterrence-but aren't working There has not been a drastic reduction in drug use There has not been a drastic reduction in drug-related crime Increasing severity of penalties have little to no effect

Treatment Vs Punishment

-There is no evidence that public safety has improved drastically due to mass incarceration -There is some evidence that drug treatment works to reduce recidivism -Some positive results are due to demand reduction and not supply reduction War on Drugs vs. Treatment Approach Supply Reduction: interdiction of drugs coming into the U.S., reduce the manufacturing of drugs, disrupt supply routes, & enforce street drug markets Demand Reduction: Emphasizes prevention of drug use, expansion of drug treatment access, & rehabilitative focus

Organized Crime Drug Enforcement Task Force

-tasked with dismantling sophisticated national and international drug trafficking and money laundering

how many states by the mid 1800s had banned alcohol

1/3 of the states had banned alcohol

how many Americans admitted to driving under the influence

10.3 million

what percentage of all arrests are drug arrests

12.7%

The 21st Amendment repealed the

18th amendment

youth carrying a hand gun percentages

20% on drugs/4% off

Youth major theft offenses percentages

27% on drugs/2% off

Drug sales consist of

38 to 65% of all crimes committed by users

Those on probation/parole, drug use is

3x greater then the general public

what percentage of the US population has used an illegal drug at least once

48%

ED50

50% of the population gets the desired amount

Youth assault offenses percentages

53% on drugs/9% off

Youth Vandalism offenses percentages

56% on drugs/ 14% not on drugs

How many Americans meet the clinical criteria for drug use and dependence

7 million

Effects on sentencing

A choice in charging can effect the sentencing available to a judge If a prosecutor decides to file a charge that carries a mandatory minimum, and they are found guilty, the judge has no choice other than to sentence the offender to that mandatory minimum There much debate between prosecution and defense about charging decisions

sentencing drug offenders-low hanging fruits

A judge in Iowa noted that during his career he sent more than 1,000 nonviolent drug addicts to federal prison Most were mandatory minimum sentences ranging from 60 months to life Their drug of choice-methamphetamine However he could count the number of drug kingpins on one-hand The judge described them as low-hanging fruit of the drug war In our quest to win this war, do we focus too much or too harshly on the addicts? When surveyed, only 25% of federal judges felt the current drug-sentences were appropriate

Diversion

A trial is postponed until the offender can attend a court-monitored drug treatment program If the offender completes the program successfully-the original charges are dismissed TASC-Treatment Accountability for Safer Communities was one of the first such programs developed in the 70's There are currently 220 TASC programs through the United States TASC provides assessment, treatment referral, case-management, and monitoring of drug-involved offenders DTAP-Drug Treatment Alternative-to-Prison in NY has been used to target high-risk dealers and places them in a long-term residential treatment Both have shown significant reductions in recidivism and some economic benefits

amphetamines use

ADHD, weight lost, narcolepsy

Medication-Assisted Treatment

According to the National Institute on Drug Abuse: medications should be available to individuals in certain situations MAT-Medication Assisted Treatment is not widely used in the U.S. -Medications can prevent withdrawal symptoms and reduce cravings It blocks the effectiveness of a drug, reducing the need -An issue is compliance with taking the medication -Vivitrol is a long-lasting injection that does not require a daily dose -MAT is rarely used in prison settings Half of all drug courts have policies against MAT Issues include the cost, and the potential to sell the medication on the street

Enslavement model

Addiction to the drug is so strong, they become enslaved to the drug and commit crimes to support their addiction

Systematic Violence theory

Aggressive patterns of interaction within the system of drug distribution and use-buying, selling, using drugs is a violent world

effects of drug offenses continued

An offenders ability to find work and provide for their family forever Absence of fathers have left many families in economic peril Removal of mothers has resulted in many children in the care of relatives or foster care A lack of fathers and mothers to serve as role models-especially for at risk youth Community members afraid to walk the street at night Antagonistic attitudes against the police has increased Addition by Subtraction The belief that incarcerating criminals leaves the community better-but it also takes away that communities ability to informally enforce the social contract

the beginning of enacted laws on alcohol

Approaching the mid 1800's individual states began enacting laws -banning the manufacturing of alcohol -banning the sale of distilled spirits

Legalization argument against

Arguments against: -There are currently 85,000 deaths a year attributed to alcohol use -35% of all fatal motor vehicle deaths involve an alcohol impaired driver -There are currently 440,000 death a year attributed to tobacco -There are currently 20,000 deaths per year attributed to illicit drugs ** -The government doesn't do a great job now of protecting our food-how can they guarantee drugs won't be harmful (poison water) -Marketing will lead to an increase in drug use -Legalizing marijuana would lead to an increased use in other drugs (gateway)

between 1980 and 1990 war on drugs

Between 1980 and 1990 arrests for both blacks and whites increased For whites the numbers increased 57% and 125% (Using-selling) For blacks the numbers increased 218% and 363% (Using-selling) The arrest rate for blacks was 3 and 4 times that of whites for possession The arrest rate for blacks was 7 and 7.5 times that of whites for dealing The war on drugs certainly increased the number of arrests made by LE

Decisions of prosecutors and judges

Both prosecution and sentencing decisions are based on a host of info Those things considered include: Info about the victim / the offender / the offenses itself The extent of the harm done The offenders threat to society as well as their aptitude for rehabilitation Examples are that drug traffickers will receive harsher penalties than just users and those moving a larger quantity of drugs will receive a harsher sentence than those dealing in smaller quantities A decision must be made about the defendants blameworthiness and future dangerousness

Smart on crime initiative

Came for the DOJ in August of 2013 'We cannot prosecute our way to a safer nation' 'There is a need for meaningful sentence reform' 'Mass incarceration it not good for the offender or our country' Do not use charges triggering mandatory minimum sentences for low-level, non-violent drug offenders, with no ties to large scale cartels or gangs Find alternatives to incarceration for low-level drug offenders Develop more drug courts and diversion programs

THC long term effects

Cancer, impaired memory, learning skills, and cognition

CNS stimulants

Cocaine/amphetamines

Cocaine comes from

Columbia, Peru, and Bolivia

Drug courts

Created in 1989 by State Attorney Janet Reno partnered with Florida judges and defense attorney's to create a better system Drug courts have gained extensive popularity for the next 20 years It point was to move toward a more therapeutic jurisprudence Drug courts mandate: Ongoing supervision of offenders Mandatory drug treatment Rehabilitation programs with vocational & educational training & medical services Utilization of a MDT approach to make decisions & ensure compliance

numerical data on drug arrests

Current data-post war on drugs 80-82% of all persons arrested were male The median age for drug possession was 26-28 60%-68% of those arrested were white 39%-30% of those arrested were black The typical person arrested for drug abuse violations was a white male in his mid-twenties

National Drug Control Strategy (Reducing the supply of drugs)

Developed by President Bush (the 1st one) He adopted the 'War on Drugs' metaphor Funding was adjusted to send $1.5 billion to enforcement operations and $321 million for treatment and $250 million for education ($600 million) However interdiction of trafficking patterns and drugs entering the U.S. continued to grow

Discrimination

Discrimination is differential treatment of individuals based on irrelevant criteria, such as an individuals race, gender, or social class Those things that make up the individual is what is held against them Discrimination exists when legally irrelevant characteristics of an offender affect the sentence that is imposed Discrimination exists when black or Hispanic offenders are sentenced more harshly than similarly situated white offenders Discrimination exits when male offenders receive more harsh sentences than female offenders .......poor vs rich etc.

Disparity

Disparity refers to a difference in treatment or outcome that does not necessarily result from intentional bias or prejudice When looking at university enrollment: Very few persons over the age of 50 enroll at a university level The is a huge disparity of students enrolled based on age However, the disparity in enrollment is not based on discrimination The reason/s for the disparity can come from multiple other sources Sentencing disparity exists when two similar people are sentenced differently Sentencing disparity exists when two different people are sentenced similarly

Intensification model

Drug abuse accelerates the criminal behavior but does not cause it-meaning they were headed down that road anyway

Predisposition model

Drug abusers were already engaged in some sort of illegal activity before they began using drugs-crime came first

Economic compulsive theory

Drug users need money to maintain their drug dependence-more dependent the more desperate they become

Psychopharmacological Theory

Drugs and violence are strongly and directly connected-certain drugs increase excitability, hostility, and aggression

Restrictions/outcomes of drug court

Drugs courts exclude violent offenders Drug courts exclude offenders who used a weapon The program lasts from 12 to 18 months on average Offenders receive counseling, therapy, and drug abuse education as part of the drug treatment component They appear frequently before the judge to remind them of their commitment They receive sanctions for any violations, including termination for repeats Research indicates that drug courts are very successful Drug courts are cost effective

president bush law enforcement strategies for drugs

During his inaugural address, President Bush (the 2nd one) called for more aggressive law enforcement action against drugs In response, LE created new strategies to combat drugs They developed courier profiles in order to stop, question and search millions of Americans traveling by bus, plane, train, or car They trained numerous drug-sniffing dogs They created para-military style units like SWAT teams and executed 'no-know' search warrants They created drug task-forces made up of local/county/state/federal agencies This led to tens of thousands of drug arrests Currently there are more than 1 million drug arrests per year

Club drugs

Ecstasy/Ketamine/rohypnol/GHB

club drugs

GHB, Rohypnol, MDMA, Ketamine

GHB

Gamma-hdroxybutyrate is a CNS depressant sleep aid and nutritional supplement

HPPD

Hallucinogen persisting perception disorder -hallucinations or flashbacks even months after taking the drug

what is the most commonly abused opiate

Heroin

Stop and Frisk (Terry V Ohio)

In 1968 Terry was stopped by the police and 2 guns were confiscated after a search for weapons The supreme court ruled that a 'stop and frisk' is not a violation of the 4th Amendment because officers can search if there is probable cause to believe that they may be involved in a criminal offense and their safety or the safety of others is endangered They also ruled that a frisk is not a search under the terms of the 4th Amendment Police cannot go into a person's pockets or bag unless they feel a weapon during the pat down

Gender and imprisonment

In 1977 there were 11,212 and by 2004 there were 96,125 (757% increase) By 2010, 1 in 3 women were arrested for a drug offense 25% of female population have been arrested for drugs while only 17% of the male population were arrested for drugs The majority of those arrested are for minor offenses Critics argue that the War on Drugs was a silent unannounced war on women Black women have been casualties the most Black women not make up 50% of the women's prison population Black women represent only 12% of the female population in the U.S.

Race and imprisonment

In 1996, blacks represented 62.6% of all drug offenders admitted to prison The rate of admissions for blacks was 13% higher than that of whites In some states it is 26 to 57 times greater for blacks than whites Many argue that statistics do not constitute evidence of racial discrimination There will always be disparities of some sort in the enforcement of any law Low-hanging Fruit-drugs flourish in inner-city minority neighborhoods Maybe blacks commit more crimes than whites Maybe other factors affect sentencing (pre-trial release/crime severity) Critics however feel that the War on Drugs has been primarily waged in minority communities

Charging decisions of the prosecutor

In a case where there is enough evidence to file 5 counts of CDS trafficking and one count of a deadly weapon: File charges for a less serious but included offense such as conspiracy File only some of the legally sufficient counts Decide not to file the additional weapons charge of weapon with drugs Determining factors Race or ethnicity Age Sex County of conviction Type of disposition (plea vs trial)

Concurrent Jurisdiction

In many drug cases, both federal and state courts have concurrent jurisdiction The final decision to prosecute at the federal or state level is up to the federal prosecutor The punishments in federal courts are often more harsh than in state courts Offenders will often want to avoid federal court There is a belief that there is some racial disparity in the decision making process of both the prosecutors and judges in regards to both federal and state courts

Initiating treatment for drug offenders

Instead of going directly to criminal court A counselor could review each crime and decide if a treatment referral is needed or more appropriate Offenders could be diverted to community treatment They could be under pretrial supervision through trial or as an alternative to trial or incarceration More funding would be needed for in-patient treatment due to a high demand for beds Increase use in medication-assisted treatment for those with opiate dependence

Key elements of Drug court

Integration of treatment with case processing Uses a non-adversarial approach Relies on early identification and placement of eligible participants Access to a continuum of services Mandates frequent testing of participants for both drugs & alcohol Uses a coordinated strategy among key players in the process to ensure the best outcome Uses ongoing judicial contact with the offender Continues to be a diversion program

Decriminalization

Is the process in which policies are adjusted to reduce the penalties for possession of small quantities of drugs -Many policy changes have lead to treating possession/use of drugs as misdemeanor crime that is enforced via a court summons similar to a traffic ticket -Marijuana has been seen a good candidate for decriminalization -Certain drugs, those considered more dangerous-like crack, would not be decriminalized -NJ decriminalized simple possession already and offenders are still arrested and processed but they are given a simple summons to appear in court-no bail is required

Legalization Argument for

Is the process of making once illegal drugs legal under certain circumstances It would be very similar to the way alcohol is regulated Arguments For: -People can readily access drugs even though they are illegal -Legalization would allow for control and regulation -Government could ensure potency and purity -Government could benefit from taxation of the drugs -Greater instance of use for medical purposes -Possibly grow the economy and create jobs -The War on Drugs did not work-its time to move on -The use of SWAT Teams and Stop and Frisk would be reduced -Race relations between the police and the community will be effected positively

State & Federal prisons

July 2017 U.S. Population: White 47.8% / Black 15% / Other 37.2% U.S. Prison Population: White 58.6% / Black 37.8% / Other: 3.6% Drug Sentencing White first-time offenders received more lenient sentences than first time black offenders Rationale Repeat criminal behavior for a white offender is often seen as 'atypical' Repeat criminal behavior for a black offender is often seen a 'typical'

Hallucinogens

LSD/PCP/Peyote/Psilocybin

impact of no prescribe maintenance drugs for addicts

Many doctors were using maintenance doses to treat addicts Numerous doctors went to jail for serving addicts Several clinics dispensing the drugs were shut down as a result These addicts turned to the use of illicit sources for drugs The concept of addict criminals were born

Broad use of Stop and Frisk

Many police departments have enacted broad rules about stop and frisk Some to the acceptance of the public and some to the anger Police have claimed that it is necessary to protect the public It has resulted in numerous gun and drug seizures It has been heavily used in the war on drugs

Cannabis

Marijuana

most commonly used illegal drug in the world

Marijuana

Early Marijuana use

Marijuana at this time was primarily used by Mexican immigrants working farms It was also used socially by jazz musicians and the like Medically it was used to treat migraines, anxiety, and insomnia Marijuana, since it was not covered by the Harrison Act, became more popular People called for legislation of marijuana claiming it led to violent behavior and criminality

The Commissioner for the Federal Bureau of Narcotics testified that

Marijuana was highly dangerous to the mind and body

Effects of drug offenses

Millions of Americans have been arrested, prosecuted, and incarcerated for drug offenses over the last 3 decades Many were guilty of nothing more than simple possession or dealing in small quantities to support their own habits Invisible Punishment Effect Spouses, children, parents, friends, and communities suffer Family and community dynamics have been transformed Racial divisions have been exacerbated Basic rights that come along with citizenship have been denied Drug convictions effect your ability to get public housing, welfare benefits, driver's licenses, child support, employment and education opportunities

Schedule I

No accepted medical use/high incidence of abuse Heroin/LSD/Peyote/Mescaline/Methaqualone/Marijuana

Modifying Mandatory Minimums-money

One reason to eliminate or change the rates in which we use mandatory minimums is to save money -Many argue that the mass incarceration issue is a direct result of the use of mandatory minimums -The cost to incarcerate offenders continued to rise even in times when the crime rate went down due to an increase in the prison population -29 states have already passed laws to roll-back or repeal mandatory sentences for certain offenses -Others have enacted rules to act as a 'safety valve' allowing judges to depart from the normal mandatory minimum and utilize a different penalty In 2004 Governor Pataki in NY mandated sweeping changes of the mandatory minimum sentences in regards to drug charges-which resulted in a 43% decline in the number of drug offenders incarcerated & the closure of 15 prisons facilities

CNS depressants

Opiates/Sedatives

perceived legitimate drug uses

Opium was used during surgery and for pain relief Opium/Morphine/Cocaine/Marijuana were used for nervous disorders, as cough suppressants, and pain relievers Opium was popularized by Chinese Railroad workers for pain/alertness

Heroin comes from

Pakistan, Afghanistan, Turkey, Iran, Mexico, and South America

PCP

Phencyclidine, considered a dissociative anesthetic

how is PCP taken

Pill/powder form snorted or smoked

Schedule V

Prescription medicine/low potential abuse

what president officially declared war on drugs

President Bush

Two important legislations

President Clinton enacted the National Drug Control Strategy in 1999 Reduce overall prevalence of drug use Reduce drug and alcohol use among youth Etc. on Page 221 Only two out of 10 achieved their target President Obama enacted the National Drug Control Strategy "a balanced public health and public safety approach to drug policy Decrease drug use amongst 12 -17 year olds Decrease the lifetime prevalence of 8th graders who have used drugs Decrease drug use among young adults 18-25 Reduce the number of chronic users

Associated crime with drugs

Property crime & Violent Crime States like Colorado-increased motor vehicle accidents There are numerous theories about the drug-crime relationship (chapter 3) Arrests for drug offenses only, make up a significant amount of arrests Other than drug offenses, what crimes are caused by drugs

Steady increase

Recommendations were made that no new prisons should be built and that incarceration should be used more rarely (1980's) The opposite actually occurred In the late 80's and early 90's the prison population was about 300,000 By 2015 it had swelled to 1.5 million The old incarceration rate was 110 person per 100,000 to 501 persons per.. Local jails swelled to 751 person per 100,000 The increase in the prison population cannot be attributed to an increase in crime The increase can be attributed to the changes in sentence structure related to the War on Drugs

Prison Treatment on drug offenders

Rely on a TC-Therapeutic Communities model to provide an intensive, highly structured pro-social environment in which treatment staff and peers interact and influence attitudes, perceptions, and behaviors associated with drug use-Pg. 254 They have shown to reduce recidivism only when they are paired with aftercare programs once released from prison However, most offenders fail to participate once released since the program is often voluntary The aftercare would need to be part of their post-release supervision

warranted disparity

Sentences often reflect the political climate Judges in the West may be more lenient on marijuana possession Judges in Urban areas may sentence differently than Rural areas Attitudes of judges often mirror those of their community Sentencing should punish similar offenders similarly However, there is a lack of agreement about what are irrelevant facts -Gender -Employment status

Modifying Mandatory Minimums-New approaches

Several states pioneered programs ordering low-level drug offenders into treatment as part of a diversionary program -All states contend that there has been a decrease in the prison population and a cost savings overall -Plea bargaining still remains a problem with most plea bargains aimed at some sort of incarceration instead of treatment -Many prosecutors are still in law enforcement mode -Newer approaches additionally include decriminalization and legalization

Crimes committed to support drug expenses

Shoplifting, selling stolen property, larceny, burglary to homes and vehicles, and credit card fraud

Legalization and the law

Some 13+ states have opted to legalize marijuana for medical use -3+ states have legalized marijuana for recreational use -The medical marijuana and medicinal use laws are in violation of federal law and the U.S. Constitution -The federal government has determined that prosecuting using marijuana for cancer or other serious illnesses consistent with current state law is unlikely to be an efficient use of limited resources -Recreational use does not fall under this category but is still not being enforced by the federal government -These states are now 'under the microscope' of sorts with the federal government

Schedule II

Some medical use/high abuse potential Opium/morphine/cocaine/codeine/PCP

Schedule III

Some medical use/moderate abuse potential Diluted or derivative form of schedule II drugs

ketamine

Special K or vitamin K created for animal sedation closely related to PCP but not as potent schedule III drug

National Commission on Marijuana and Drug Abuse

Study drug problems in the US recommended that possession of an ounce or less should not be criminalized recommended distributing small amounts should not be criminalized 11 states decriminalized simple possession, but federally it remained illegal

SAMSHA

Substance Abuse and Mental Health Services Administration trains and studies drug use and abuse

Baby Boomer impact on drugs

The 1960's saw a marked increase in the use of drugs More drugs like LSD emerged on the social drug scene Teens and young adults openly flaunted their use of drugs and disobeyed the drug laws Between 1965 to 1970, drug arrest rates increased by 10x for both Marijuana and heroin It was clear-to the government-that the current drug legislation was not working

Reagan impact war on drugs

The 1980 election of President Reagan sparked the contemporary war on drugs President Reagan drastically cut the funding for drug treatment and prevention Funding for drug enforcement increased New laws instituting harsher penalties for drug offenses increased Sentencing reform began specifically for drug offenses

Public Health

The CSA also provided for increase funding for public health expanded programs to treat drug abuse

state laws

The CSA served as a model for passing anti-drug law in all 50 states

Comprehensive Drug Abuse Prevention and Control Act of 1970 (controlled substances act)

The Controlled Substances Act was needed because "drug abuse was a major cause of street crime in the United States" It was a "national problem that required urgent action by the federal government" This act replaced all prior federal laws It moved the Bureau of Narcotics with the Bureau of Narcotics and Dangerous Drugs and moved them into the Department of Justice It also formalized all the drug schedules and classified all drugs used in the U.S. into each schedule The National Institute on Drug Abuse (NIDA) was created as well as the Special Action Office for Drug Abuse Prevention The spending on treatment was $600 million dollars (President Nixon)

The Harrison tax act

The Harrison Tax Act was created in 1914 to impose a fee structure Manufactures/Importers/Doctors were all required to pay a fee They were also required to obtain a license (for a fee) How drugs were to be used/sold/distributed/manufactured was not regulated also made it illegal to prescribe opium/morphine/cocaine as maintenance drugs for addicts

legislation of Marijuana tax act of 1937 (not covered by the Harrison Tax Act)

The Marijuana Tax Act required every person who imported, manufactured, produced, compounded, sold or dealt, prescribed, administered, or gave away Marijuana-had to register and pay a licensing fee ranging from $1 to $24 per year It additionally required records of all transfers of Marijuana between private citizens in order to impose a per-ounce tax It was seen as an end-run around the law No one could distribute Marijuana without a license, even private citizens The government simply did not issue Marijuana licenses-effectively stopping the use of Marijuana In less than 10 years, Marijuana became a dangerous drug linked to criminality

Narcotic control act of 1956 Enforcement of drug control legislation

The Narcotic Control Act of 1956 reclassified a lot of drugs as 'Narcotics' changing them from medical use/recreation to dangerous

Agencies Involved with the National Drug Control Strategy

The U.S. Coast Guard ICE (Immigration and Customs Enforcement) CBP (Customs and Border Patrol) Organized Crime Drug Enforcement Task Force

Uniformed narcotic drug act Re-classification of Marijuana

The Uniform Narcotic Drug Act allowed individual states to treat Marijuana-just like other drugs It gave the states a means to arrest/punish/control violators with strict laws and harsher punishments It was enacted in 35 states by 1937 It essential characterized Marijuana as a narcotic (viewed as a dangerous drug) This led to the Boggs Act in 1951

early motivation for Harrison act

The United States attended two international conferences about drug use They presented documentation about the damaging effects of drugs They urged other nations to enact strict antinarcotics legislation However, they were embarrassed at both conferences for not having any 'tough' legislation of their own

Mixed theories on arrest

The increase in arrests can be related to the increase in drug use The increase in arrest is not related to the increase in drug use

Goals on war of drugs

The most important goal is to reduce the use of illicit drugs Bush's War on Drugs may have not needed to be fought Analysts maintain that there was not need for the 1980's War on Drugs Drug use was on the decline when the war was 'launched' Drug Czar William Bennett claimed that the U.S. was winning the war on drugs It was later found that he was misusing and misrepresenting data He compared the data from 1985 with 1990 Showing a decline in drug use in his comparison Analysts point out that drug use was already declining Why did drugs decline The popularity of drugs in the 70's had fallen out of favor Citizens started to become more concerned with their health

Ford and Carter war on drugs

The next two presidents Ford (1974-1977) and Carter (1977-1981) reduced the amount of spending during their terms for the treatment plan

Intermediate sentencing on drug offenses

The sentence had an exact minimum and exact maximum The time they actually served was up to the parole board This was created in order to take into the account the actual offender and their response to rehabilitation in prison Critics noted that release dates were often arbitrary, were civil rights violations, and bread sentencing disparity Others felt that focusing on rehabilitation resulted in too lenient of treatment of offenders A call for change to make sentencing more predictable across the board was at hand

New york murder mystery

The text talks about how in NYC employed the "Broken Windows Theory" in the late 90's and early 2000's which in some cases marked a 35% decrease in some violent crimes

1994 legislation authorized

The transfer of military equipment to state and local police (was abolished under Obama and brought back under Trump)

Determinate sentencing on drug offenses

The use of determinate sentencing gave judges a limited number of sentencing options (five years is five years) It also provided for enhancements for use of a weapon, serious injury, or prior criminal history The sentence structure was created in order to prevent lenient sentencing on drug offenders It also allowed for enhanced penalties for repeat drug offenders Things like Drug Free School Zones were created in order to enhance the penalty for those dealing drugs on or near school property There was argument about the use of other information, sex-age-education, as being relevant to sentencing

Stereotypes

There are many stereotypes in the criminal justice system Men vs women Younger offenders vs older offenders Gang members vs non-gang members Unemployed vs employed Minorities vs Whites How about minorities who are young, male, associated with a gang, and unemployed This not only effects prosecution and sentencing but also plea bargaining

Community corrections

There are more inmates under some sort of community corrections supervision-like probation or parole than are incarcerated There is very little information about the drug treatment effectiveness for those under probation or parole Additionally, longitudinal studies found that recidivism was not reduced for offenders past 2 years of their release A large portion of offenders do not receive any sort of treatment while on probation or parole Staying 'sober' may be part of the probation/parole requirements and they are tested regular but do not receive treatment

Discrimination vs disparity

There is compelling evidence of racial/ethnic disparity in sentencing Relevant factors-Disparity Those who commit more serious crimes & have prior criminal histories receive harsher sentences Blacks & Hispanics commit more serious crimes than whites Blacks & Hispanics have more extensive criminal history than whites Other factors-Disparity Poor defendants are less likely to have private attorneys Poor defendants are less likely to receive pre-trial release Race as the only factor When the only factor that is taken into consideration is race-Discrimination

Easier on woman?

There is compelling evidence that women receive more lenient sentences than male offenders Does not necessarily represent discrimination against men Relevant Factors are often different -Prior Criminal History -Seriousness of the crime Other, possibly non-relevant factors -Blameworthiness -Female dangerousness -Child care responsibilities

Harm reduction for drug offenders

These types of policies are common in Western Europe Based on the belief that no matter how strict the enforcement, people will continue to use drugs Focus should be on reducing the harm caused by drug use and not eliminating the drug -Examples Expand access to drug treatment Expand access to methadone and other drugs for treatment purposes Allow marijuana for medicinal purposes Provide clean injection equipment (controversial) Decriminalization of possession for personal use of certain drugs

Drug Courier Profiles

They include persons traveling through airports or on highways The profile is based on specific departure and destination cities Whether they are traveling with little or no luggage Whether they are traveling alone or in a group Whether they appear nervous The Supreme Court has ruled that stopping and talking to a suspected drug courier only requires reasonable suspicion That must be based on the totality of the circumstances

18th amendment did what

This outlawed all alcohol Prevented the manufacture, sale, use, importation and exportation It also provided states concurrent enforcement power -just means the states could enforce not just the feds

Mandatory minimum on drug offenses

This shift in sentencing was made increasingly popular during the war on drugs This gave judges the power to determine the minimum amount of time that the offender would have to serve The release date was determined by the parole board-after-the minimum sentence was served The design was to regulate the harshness of drug penalties but allow the parole board to make the final determination on release Critics felt that it did not take into consideration the individual offender and that the sentences were inflexible

Nixon's war on drugs

This was the first time we saw the government 'draw a line in the sand' and declare war on drugs Nixon's war, was more about treatment than enforcement

Schedule IV

Used for medical treatmeants/low potential abuse

Who is being incarcerated

We have learned that many arrested are considered low-hanging fruit They are often in and out of prison or jail They are represented the most in courts However, they only make up a ¼ of the overall prison population sentenced for a drug-offense The other 75% were imprisoned as dealers, traffickers, or possessed crack vs cocaine If drug offenders make up only 25% of the prison population-is the War on Drugs really causing a prison population crisis? If we reduce the prison population by 25% will it really impact the overall prison population??? Do definitions matter???

Pre-Text Traffic stops

When officers, believing that someone has drugs in their car, they wait for them to make do a minor traffic violation and stop the car This allows them to build the probable cause to search the vehicle or ask for consent The Supreme Court has ruled that a violation is a violation....that's it It doesn't matter why they wanted the car stop as long as the driver had a violation In NJ, this is illegal NJ does not allow pre-text stops Even if you stop a car for a violation, to search requires a search warrant

Disease

a disorder of function or structure in a human, plant, or animal, especially one that produces specific signs or symptoms or that affects a specific location and is not simply a direct result or physical injury

a drugs effect is effected by

a persons height, weight, and health users history and social setting dosage taken the way it was taken the purity of the drug

1 out of 108

adults are arrested for drug offenses are incarnated

1 out of 50

adults are under some sort of community correction program

Drug users tend to have substantially higher rates of

aggressive personalities and risk taking than the general public

many drug uses also use

alcohol

chronic effects

alters the brains neurochemistry can cause irritability, drug craving, sleeplessness and no motivation

effects of MDMA

anxiety, sleep disturbances, depression, and memory loss acute effects are nausea, vomiting, muscle cramps, panic attacks

the cost of drugs for chronic users can be

anywhere from $900-$1200 a month those employed can support this without crime, the unemployed will resort to property crime

MDMA related drugs

are related to the increase in internal body temp and the body can't regulate its self

uses of mushrooms and peyote

by Native Americans in religious ceremonies

how can someone orally take a drug

by pill form or a drug made in food

Sedatives

called tranquilizers or downers

Turf wars and fights over drug business is the major

cause of homicide in the U.S

crack

cocaine powder was treated with baking soda and heated to remove the salt results in small chunks or rocks with a high degree of purity

Stimulants

cocaine, crack, amphetamines, meth

Crimes committed to support drug expenses effect

commercial businesses and there potential for income

people who use illegal drugs are more likely to

commit offenses than non-drug users

what is the most common binge used drug

crack

addiction symptoms

cravings, changes in brain chemistry, physical tolerance, withdrawal reactions, and loss of control over the use of the drug

Addiction symptoms

cravings, changes in brain chemistry, physical tolerance, withdrawal reactions, and loss of control over use of the drug

incidences of amphetamines

dependence, paranoia, agitation, memory loss, violent behavior

amphetamines schedule

depends on formulation either schedule II, III, IV

methamphetamine

derivative of amphetamine

effects of Rohypnol

drowsiness, confusion, amnesia, and visual disturbances now made that any drink it is added to, will turn blue

social and environmental factors influence

drug use

selective interaction/socialization theories

drug use or risk takers choose their individual groups based on their own perceived accepted norms

how do drugs work

drugs act at the synaptic level, they effect the neurotransmitters in the brain

general info of hallucinogens

effect sensory perception and causes auditory and visual distortions and hallucinations disrupts the neurotransmitter of serotonin which controls perception

some people have less what occurring in there brain

endorphins and dopamine recepetors in the brain

Anti-Drug Abuse Act of 1988

established the Byrne Program/HIDTA The Byrne Program provided funding for multijurisdictional and multistate anti-drug task forces

1830 popularity on alcohol

every American over the age of 15 was consuming 2.5 drinks containing at least 1 pure ounce of alcohol a day

who abuses drugs?

everybody, from all walks of life

pavlov or classical conditioning

external cues (location, sounds, people) are associated with a particular behavior

opium drug scheduling

falls into Schedule I, III, IV depends on the formulation

Harrison act of 1914

federal law that required recording keeping of dispensed drugs imposed tax penalties on those drugs dispensed

heroin feelings

feelings of euphoria, flushing, impaired mental function, slurred speech, and constricted pupils can cause extreme itching as it releases histamines

opium history

first discovered in china to help alleviate pain of railroad workers many states made it illegal in 1800s federally illegal under harrison act

uses of cocaine

for nose/throat/eye surgery

Heroin deprived

from a chemical similar to morphine

cocaine deprived

from leaves of the coca plant

Amphetamines deprived

from plant ephedra originally used for asthma and other respiratory diseases

LSD deprived from

fungus that is found on rye and other grains

drug use is an indication of

general deviance

effects of mushrooms and peyote

hallucinations and feelings of euphoria effects can last 4 to 6 hours schedule I drug

The Rand Corporation

has concluded that drug treatment is substantially more cost effective for controlling drug use than any drug interdiction or domestic law enforcement

Cannabis Sativa plant AKA Hemp

hemp originally used in the US for making clothing, rope and baskets

chronic effects of heroin

high incidence of dependence, HIV, Hepatitis, infections

nicknames of methamphetamine

ice, crank, crystal meth

CSA (controlled substances act)

illegal drugs were classified penalties for violating that act were codified

negative effects of alcohol

impaired memory impaired judgment decreased in inhibition

sedatives can induce

impaired perception, cognition, and paranoia, and hostility

methamphetamine made

in labs in mexico also in clandestine labs in the US

amphetamines in war

increase alertness and reduce fatigue for soldiers

LSD effects

increase in heart rate, blood pressure, dizziness, sweating, elevated BT, and nausea sounds and visuals stimuli are distorted ex-sounds may be seen smells may be heard can last up to 12 hrs

cocaine effects

increase release of dopamine in the brain increase heart rate/breathing rate/ and blood pressures can lead to heart attacks, strokes, siezures effects last 10 to 30 mins long term is changes to chemistry in the brain

what does MDMA do to the body

increases serotonin, dopamine, norepinephrine and heart rate/blood pressure enhances sensory perception, reduces anxiety, and increases a sense of well being and empathy

effect/lethal dose ratio

indicator of the toxicity or safety of the drug closer the number more dangerous the drug an ED/LD ratio of 1:10 is considered dangerous (1mg effective/10mg deadly)

differential association theory (sutherland)

individuals learn deviant social behavior by spending time with certain groups who see it as positive behavior

how to take methamphetamine

ingested, smoked, snorted, or injected

how is crack taken

inhaled after heating it in a pipe

sedatives used for

insomnia, seizure disorders, and sedation

effects of crack

instantaneously causes intense, short lived euphoria

factors that engage stimulant use

interpersonal conflict

the 21st Amendment outlawed

interstate commerce Individual states could participate in interstate commerce as long as there was a formal agreement between the states

Sedatives ED/LD ratio

is high and fatal overdoes are much more common

drug abuse

is used to indicate that a person is experiencing negative consequences

indirect or subtle discrimination

is when the independent variable (race) influences a dependent variable (severity of the sentence) through some other factor rather than directly White are more likely to achieve pretrial release than blacks Research has shown that those are unable to obtain pretrial release receive harsher punishments In some instances the disparity simple comes from the disparity in sentencing guidelines between states and judges are simply following the guidelines

marijuana is a schedule I drug because

its seen as a gateway drug

2006 law of methamphetamine

law passed to restrict the sales of over the counter pseudoephedrine

most drugs began with perceived

legitimate uses

LSD stands for

lysergic acid diethylamide

hallucinogens once had

medical use but is now a abused drug

drug users and sellers in society are considered what

menaces to society and are responsible for crime and mayhem in society

MDMA

methylenedioxymethamphetamine also know as ecstasy nicknamed the hug drug

sedatives drug schedule

most are schedule II

subculture theory

notes that drug use can be accepted by en entire subculture and not just small groups ex-peyote and Native Americans

individual discrimination

occurs when a particular criminal justice official commits discriminatory acts

Intrajudge disparity

occurs when an individual judge makes inconsistent sentencing decisions -This results in different sentences on equally culpable offenders whose crimes are indistinguishable Some innocuous reasons maybe the judges mood, the defendants attitude or behavior, or the judges feelings toward the defense attorney However, it may also be a result of the judges feelings about a particular group of offenders Some judges impose harsher penalties on those things that are legally irrelevant, such as race, gender, etc.

Intrajurisdictional disparity

occurs when sentences handed down by different judges in the same jurisdiction vary Judges may have different perceptions about the seriousness of crime Judges may also place more or less weight on legally relevant factors

interjurisdictional disparity

occurs when the sentencing patterns of judges in different jurisdictions vary The difference comes from the perception that certain crimes are more serious than others Where crimes are a matter of 'routine' sentencing may be lighter Where a jurisdiction subscribes more to a crime control model vs a due process model, sentences may be harsher

Drug prices fluctuate how much?

often and alot

how can drugs be taken

orally, smoked, injected, snorted

by 1933 marijuana use in

over 33 states had prohibited the use of marijuana for non-medical purposes

dose

overall weight of the drug

social development/life course theories

parental and peer group influence will vary during different developmental stages in life (younger-parental)

comprehensive drug abuse prevention and control act

passed in Oct 1970 replaced Harrison act of 1914

purity

percentage of the drug that is the active ingredient

during the reconstruction period

prohibition began to be popularized

Mushrooms and Peyote

psilocybin and mescaline mushrooms and cactus plants

there is no proof of metabolic imbalance in the brain causing the need to do what

rebalance the brain with drugs

GHB effects

reduce control over ones behavior and emotions out of body expierence and sedation vomiting, seizure, loss of consciousness been used as a date rape drug

contextual discrimination

refers to discrimination that occurs in certain situations or contexts This occurs is small subsets like geographically, for certain types of crimes, or certain offenders male vs female offenders

Institutionalized discrimination

refers to the differences in treatment or outcomes resulting from established policies or procedures that are not themselves based explicitly on race, ethnicity, or gender Punishing those who are unemployed more harshly than the employed Punishing those who possess/deal crack cocaine vs powder cocaine

direct discrimination

refers to the use of race, ethnicity, or gender to decide sentence severity

what opium does

release endorphins that relieve pain and stress depress breathing and cardiac function high incidence of dependence and addiction

THC

releases dopamine in the brain enters the brain very quickly and effects last 1-3 hours

Many of the groups that once supported Prohibition now

renounced it They supported ending it to combat crime & generate tax revenue

effects of amphetamines

results in feelings of euphoria, improved motor skills, and self confidence, reduced fatigue, increased alertness, supressed appetite increases heart rate and blood pressure

general risk theory

risk-taking, hostility, pleasure-seeking, hedonistic, personalities often cluster in the same individuals

drug schedule

schedule is based on the accepted medical use and their potential for abuse schedule 1 is the most regulated, schedule 5 is the least regulated

Effects of PCP

seizures, distort thoughts, and make on impervious to pain chronic use can cause memory loss and depression

Some people with inadequate access to health care will

self medicate with drugs

effects of methamphetamine

similar effects as amphetamines but the high lasts longer and is more potent can cause hallucinations, violent behavior, and structural brain damage that controls memory and emotion

opioids effects

similar to natural opium or heroin

effects of sedatives

slow down brain function, depress respiration, and heart rate

marijuana

stimulant, depressant, hallucinogenic properties effects areas of the brain that control pleasure, memory, motor coordination, sensory/time perception active ingredient is Delta-9-tetrahydrocannabinol (THC)

social/self control theory

stronger bonds to parents, family, school and work will lead to less drug use while those with weaker and missing bonds will more likely use drugs

skinners belief

stronger the reward and the closer it occurs to the behavior, the stronger the conditioned response will be

psychcological personality traits referencing to drug use

suggest that personality traits make people more suscepitble to drug use include risk-taking, impulsiveness, low self-esteem, sensitivity to stress, and sensation-seeking

Many drug users sell drugs to

support their habit

conflict theories

takes into account growing disparities in income and power and a decrease in social organization leads to successful infiltration of drug dealers and increase police activity

symptoms of drug addiction

taking larger amounts than needed inability to cut down too much time on the drug continue use despite negative effects

According to ADAM study 64 to 81% of males

test positive for drugs upon arrest

Who has the highest drug related incarnation rate

the US

lethal dose

the amount of the drug that causes death

prohibition stalled during

the civil war

social learning theory

the combination of social groups AND experiencing a positive physical reaction from taking the drug

Addiction

the inability to stop using over a drug drug controls them

effective dose

the known amount of drug needed to achieve psychoactive effects

potency

the minimum quantity needed to produce the psychoactive effect

the faster the drug enters the brain

the more intense the effect

opium deprived from

the opium poppy flower milky, sticky substance extracted from the seed pods natural form is opium/chemically altered are opiates/lab created or opioids active ingredient is morphine-highly effective at reducing pain

personal choice plays a role in what

the starting and continuing of drug use

dependence

the use of the drug is compulsive the drug is part of their daily life

associated crimes of alcohol

theft, fraud, assault, murder, MV offenses

drugs differ by

their effect and how long it takes them to act

opioids obtained

through theft of pharmacies, doctor shopping, forged scripts, illegal internet sales, stolen by friends or family

The Women's Christian Temperance Union & Anti-Saloon League began

to back candidates who supported prohibition

drug treatment programs were designed

to help those who have diseases/addictions

anti-drug laws were designed

to punish those who choose

methamphetamine used

to treat narcolepsy

drug misuse

use of prescription drugs for recreational use

cocaine marketing

used in coca cola marketed as a brain tonic to increase energy

self derogation

using drugs to combat their esteem, depression, or anxiety

crack price

very cheap and easy to make resulting in constant availability and distripution ($3-$10 a vial)

common names of opioids

vicodin/oxycontin, oxycodone, percocet, dilaudid

18th amendment passing

was passed in 1917, ratified in 1919 by the states and went into effect in 1920 Prohibition (Era) / Volstead act (legal term) / 18th Amendment (Constitution)

Rohypnol

well known date rape drug cannot be sole or used legally in the US used for sleep disorders

anomie/strain theories

when pathways to success are blocked (access to a good job, education, money) they seek more deviant ways to feel successful or included

negative reinforcement

when people engage in behaviors that help them reduce or avoid unpleasant experiences

tolerance

when the effects of the drug diminish after each use the body adapts to the drug more and more is needed to achieve the desired effect

Boggs Act of 1951

which established mandatory minimum sentences for drug offenses, including Marijuana It also prevented judges from giving probation to an offender with a prior drug conviction

High Intensity Drug Trafficking Areas (HIDTA)

which is an information sharing fusion center amongst local, county, state, and federal law enforcement Focuses on drug investigations

Violence associated with stimulants is only higher when used in conjunction

with alcohol

withdraw of a drug

withdraw symptoms after stopping the use of the drug can be mild to dangerous starts within hours and lasts for 24 hours to weeks or longer

Synthetic Drugs come from

within the U.S., Mexico, or Western Europe