Criminal Justice 304
Criminal Justice 304 Criminal Justice 304
Long Beach State
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This 5 page Class Notes was uploaded by Keisha Notetaker on Thursday April 21, 2016. The Class Notes belongs to Criminal Justice 304 at California State University Long Beach taught by Dr. Meeks in Spring 2016. Since its upload, it has received 7 views. For similar materials see Criminal Theory in Criminal Justice at California State University Long Beach.
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Date Created: 04/21/16
Lecture April 12 th Chapter 13 Public Order and Drug Crimes Society’s Cost? The issue of Drugs - Drugs and their relationship to crime is one of the most perplexing policy issues today - Is Drug use a victimless crime and do drug laws make criminals out of otherwise law-abiding people? - The costs of drug abuse is extremely difficult to measure as it includes not only measurable as it includes not only measurable expenditures, but also related non-measurable costs Measurable costs: - Law enforcement activities - Criminal justice case processing - Steps to prevent money laundering - Time lost from work - Drug treatment programs Non-quantifiable costs - Death/sickness from exposure to drugs - Drug-related crime - Fragmentation of families/relationships - Changes in attitudes from drug-crime fear - Lost human potential - There is considerable support for the notion that there is a significant relationship between drug use and crime because: o Drug users report greater involvement in crime and are more likely to have criminal records o People with criminal records are more likely to report being drug users o Crimes rise in number as drug use increases - Are these statements pure myth or reality?? - Pharmaceutical diversion, the process by which legitimately manufactured controlled substances are diverted for illicit use, is largely ignored in our discussion of drug enforcement. Why? - These diverted drugs primarily consist of depressants, stimulants, and anabolic steroids, and diversion occurs through illegal prescribing by physicians and illegal dispensing by pharmacists - Individuals and criminal groups have become involved in diverting CPDs (controlled prescription drugs) and use insurance fraud to fund their schemes - Diversion of CPDs collectively costs insurance companies $72.5 billion annually, nearly two-thirds of which is paid by public insurers Efforts to Control Illegal Drugs Controlling Illegal Drugs - Federal efforts to curtail drug trafficking focus primarily on preventing smuggling and apprehending smugglers - However, there are five primary Federal policy initiatives in fighting illicit drugs: o Antidrug legislation which incorporates strict enforcement and harsh sentencing o Interdiction is an international drug-control policy that focuses on stopping drugs from entering the country illegally o Crop control involves the eradication of drug crops, both in the U.S. and abroad o Asset forfeiture, which allows judicial representatives to seize any items that were involved in drug trafficking or sale o Antidrug education has become extremely popular recently. School-based programs such as D.A.R.E. have increased, although recent research has begun to question the effectiveness of D.A.R.E. type interventions The Endless War Drug War Budget - The war on drugs has been extremely expensive - As a result of the war on drugs all phases of the criminal justice system have become drug-driven - Rates of imprisonment for drug offenders have increased significantly as a result of strict enforcement and a policy of incarceration, but drug use has not subsided - The federal government’s drug control budget for: o Fiscal year 2012 was $25.1 billion o Fiscal year 2013 was $25.6 billion o Fiscal year 2014 was $25.2 billion o Fiscal year 2015 was $25.4 billion - This does not include individual State monies spent on the control of illegal drugs or the personal and social costs of drug abuse - The Office of National Drug Control Policy (ONDCP) estimates that Americans spend $63 billion annually on the illegal purchase of drugs - The National Drug Intelligence Center (NDIC) placed the total annual cost of illicit drug abuse in the United States at $193 billion - In a February 2010 report, titled “The Budgetary Implications of Drug Prohibition,” Harvard University Professor Jerrey A. Miron, estimates that legalizing drugs would save roughly $48.7 billion per year in government expenditure on enforcement o $33.1 billion of this savings would accrue to state and local governments o $15.6 billion would accrue to the federal government - He also estimates that: o $13.7 billion of the savings would result from legalization of marijuana o $22.3 billion from legalization of cocaine and heroin o $12.8 from legalization of other drugs Drug Policy Evolution Social Policy and Drug Abuse - Prior to 1907, all drugs could be bought and sold in the United States without restriction and manufacturers were not required to disclose the contents of their products o Note: this non-disclosure ended in 1906, when the Federal Food and Drug Act required manufacturers of “patent medicines” to list ingredients and specifically targeted mood-altering chemicals, although it did not outlaw them - The Harrison Act (1914) was the first major federal antidrug legislation o The act required anyone dealing in opium, morphine, heroin, and cocaine, or their derivatives, to register with the federal government and pay an annual tax of $1 o Because it only required the registration of medical professionals it effectively opethd the market to the illicit street sale of drugs - Alcohol prohibition – 18 Amendment to the Constitution (1919) prohibited the manufacture, sale, and transportation of alcoholic beverages - 21 Amendment (1933) – The Great Depression, which began in 1929, magnified the loss of alcohol tax revenues prompting the US Congress and States to repeal Prohibition - The 1988 Anti-Drug Abuse Act: o Substantially increased penalties for recreational drug users o Made it more difficult for suspected drug dealers to purchase weapons o Denied various federal benefits to federal drug convicts - The Office of National Drug Control Policy (ONDCP) was established in 1988, with the mission of establishing policies, priorities, and objectives for the national drug-control program. The goals of the program were: o Reduce illicit drug use, manufacturing, and trafficking o Reduce drug-related crime and violence o Ameliorate drug-related health consequences - The Violent Crime Control and Law Enforcement Act of 1944 contained a number of drug-related provisions, including: o $1 billion in grant program money to reduce or prevent juvenile drug-and gang-related activity in federally assisted low-income housing areas o $1.6 billion for direct funding for anticrime efforts (drug treatment, education, jobs, etc.) o $1 billion for drug court programs for nonviolent offenders with substance abuse problems o Expanding the federal death penalty to include large-scale drug trafficking and mandating life imprisonment for criminals convicted of three drug-related felonies - The question, have any of these policies been effective in accomplishing their stated goal/mission??? - The “war on drugs” is extremely costly, economically and socially - The federal drug-control budget is very large with minimum results that correlate with any type of success - The criminal justice system has become “drug given” and has failed to reduce drug sales or use - High rates of and longer terms of imprisonment for drug offenders has not reduced drug sales or use in the U.S. The Business of Sex Feminist Perspective on Prostitution - Radical feminist theory on prostitution: o Prostitution involves male domination and exploitation of women o Violence against women is omnipresent in prostitution o Female prostitutes lack agency o Legalization or decriminalization of prostitution would only make the exploitation of women worse Prostitution - The offering of one’s self for hire for the purpose of engaging in sexual relations or the practice of engaging in sexual activity for money - Except for parts of Nevada, prostitution is a criminal act and is classified as a misdemeanor - Rhode Island is the only other state in which the selling of sexual services is not specifically outlawed, but operating a brothel and engaging in solicitation for the purpose of prostitution is a crime - In the U.S., over 92,000 men, women, and juveniles are arrested annually for the crime of prostitution - The annual number of juveniles engaging in prostitution is estimated to be between 100,000 to 300,000 - The question of whether and to what extent the criminal law should reflect and enforce morality is a classic debate - While most agree that actions that harm others should be controlled, not everyone sees sex work, especially when willingly undertaken, as being harmful Human Suffering Trafficking – Commercial Sex - Human trafficking is a modern-day form of slavery involving the illegal trade of people for exploitation and commercial/financial gain - The majority of victims in FBI human trafficking cases are women and young girls from Central American and Asian countries - They are primarily forced into the commercial sex industry - There are an increasing number of young males being forced into the commercial sex industry as well - But not all of the victims of human trafficking in the U.S. are foreign nationals; some are American citizens or residents - An Anchorage man was found guilty in February 2015 of recruiting young women – mostly runaways from other parts of the country – to work for him as prostitutes - He controlled them by getting them addicted to crack cocaine, confining them to a small closet for days at a time, and beating them - Trafficking in sex is a thriving international business in our increasingly interconnected global economy, generating some $9 billion in profits every year - According to the U.S. State Department, up to two million people are trafficked worldwide every year, with an estimated 15,000 to 18,000 in the U.S., causing untold suffering Moral Implication Legalization and Decriminalization - Should the law criminalize what are personal moral decisions that possibly harm no one? - Legalization: o Would allow women above a specified age to offer paid sexual services with few restrictions - Decriminalization: o Would reduce the penalties associated with prostitution but would regulate the practice and may attempt to curtail it - The recent redefinition of prostitution as sex work has been accompanied by the development of a sex worker activism movement
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