Drugs, Policing, Prison and Race Asset Forfeiture Process by which the government seizes cash, cars, homes, and other property that it claims are the result of criminal activity Erosion of Constitutional Values Incarceration has become the normal experience for the nation?s young minority male population Abandonment in criminal justice of the constitutional values that gave reason to the founding of the nation Corruption of the Criminal Justice System Corruption by FBI, Bureau of Alcohol, tobacco and firearms (ATF), local police departments: Violating civil rights, beatings and brutality, racial profiling, extortion, planting evidence, tampering with evidence, falsifying reports General Prison population statistics Over 9 million people are held in penal institution throughout the world, mostly as pre-trial detainees or having been convicted and sentence About half of these are in the US (2.03m), Russia (0.86m) or China (1.51m). And yet, the population of the US represents 4.6% of the world?s total population (291,450,886 out of a total 6,303,683,217) Overall, the US incarcerated 2,166,260 persons at yearend 2002 At yearend 2002, 1 in every 143 US residents were incarcerated in State or Federal prison or jail. There were 5.9 million adults in the ?correctional population? by the end of 1998. This means that 2.9% of the US adult population ? 1 in every 34 ? was incarcerated, on probation or on parole. Push down/pop up effect Crop Eradication( burning of marijuana, coca, poppies African Americans, prison & drug use Black are 12% of the nation?s population and 54% of the prison population Blacks constitute 13% of illegal drug users yet receive 55% of the convictions and serve 75% of the prison time African Americans do NOT use drugs more frequently than white (blacks 15%, whites 77%) Blacks 39% more likely to be incarcerated for a drug offense than a white Replacement and Incapacitation effects Replacement Effect If no new person replaces the activity of the incarcerated person than incarceration can be successful Incapacitation Effect If the incarcerated person would have performed more of the criminal act if not for incapacitation than incarceration is successful (ex: burglary) Effects of mandatory minimums 1. They increase the proportion of arrested drug offenders who are sentenced to prison 2. They increase the length of time that offenders serve in prison Prison population and poverty Prisons are both America?s contemporary response to poverty and a significant factor in the creation of that poverty. A third of prisoners were unemployed the year before incarceration. Only half were employed full time, 75 percent of those employed earned less than $15,000 and one third earned less than $5,000. After incarceration there is a 25 percent reduction in ability to find work. Yet society find increasing resources for incarceration but decreasing funds for job training and work programs. Prison population and education Low education achievement is also a significant explanation of who receives incarceration. In a 1991 survey, 65% of prisoners failed to complete high school. Spending on schools in low-income areas is an effective means of retaining students and increasing income potential. Problems with mass incarceration Severs ties with legitimate institutions: family, work, education May further involve the person in a life of crime: crime school Has repercussions upon reentry into the legitimate institutions: ex-con Is costly and not productive Legalization / Decriminalization Legalization, decriminalization, maintenance Harm Reduction Hawks, Doves, Owls Three assumption of the legalization position Practical questions regarding legalization Film ? ?Snitch? Problems with mandatory sentencing Many people charged with mandatory long sentences, sometimes even if they did not commit the crime and do not deserve the punishment. Why use informants? Police use informants to gain info. and try and catch big criminals, and smaller dealers along the way Problems with using informants ?Girlfriend Problem?, people will say anything and rat on anyone to protect themselves, so they lie to get themselves out of trouble Conspiracy law All it takes is one person to say that you?re a drug dealer or involved with drugs for you to get convicted. ?Snitches? also get less time in reward for ratting out others. Film ? ?Busted: Know Your Rights? Your Constitutional Rights (amendments) Miranda Warning: You have the right to remain silent and refuse to answer questions. Do you understand? Anything you do say may be used against you in a court of law. Do you understand? You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand??Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? Consent to Searches An officer must ask and receive permission from a detainee to inspect a residence or vehicle for drugs. They cannot search anything that is not in plain view without a warrant. 3 most important statements 1. I won?t talk until I have a lawyer present 2. Officer am I free to go 3. I don?t consent to any searches Drug Dogs For which drugs (scents) are the dogs certified? Marijuana, cocaine, heroin, methamphetamine Dog searches in traffic stops: What can the dogs search and what can?t they? They can search and smell around the car, but not in the car or in the trunk Guest Speaker ? Curtis Shelton -- ??? Textbook Chapters Chapter 13 ? Drugs and Crime drug-defined offenses violation of laws that prohibit the possession, use, distribution, and manufacture of illegal drugs drug-related offenses Offense in which a drug contributes to the commission of a rime, either by virtue of the drug?s pharmacological effects or the economic need to secure the drug itself Medellin and Cali Cartels Two major Colombian drug cartels that controlled much of the illicit rug distribution in south America from the mid- 1970?s to the mid 1970?s Pablo Escobar Formerly known as the Colombian King of Cocaine One of the most powerful, profitable, and violent organized crime bosses ever Created Medellin Cartels 1982 was elected to Colombian congress giving himself essential immunity from arrest By 1984, Escobar controlled over 80% of the Colombian drug trade Portrayed himself as ?a man of the people? and came of as a Robin Hood figure Used violence ad assassination to keep his cocaine cartel flowing 1991, Escobar surrendered to the authorities Blunts( Marijuana rolled in cigar papers or joints papers Speedballs( combination of injected cocaine and heroin Sources of drugs (countries of origin) Cocaine( Columbia, South America, and Mexico Heroin( Golden Triangle (Thailand, Burma or Myanmar, Laos, Vietnam), Golden Crescent (Pakistan, Afghanistan, Turkey and Iran), Mexico, and South America Marijuana( Mexico, Canada, Domestic (California, Hawaii, Washington, Oregon) Methamphetamine( Mexico, California Hallucinogens LSD( Labs in Nor-Cal MDMA( Europe (mainly Netherlands then Belgium), Israel, Russia PCP( Street gangs in California Ketamine( Veterinary facilities Meth-labs Super labs capable of producing in excess of 10 pounds of meth in a 24-hr period. Money laundering The process where illegal sources of income are concealed or disguised to make the sources appear legitimate The Bank Secrecy Act of 1970 Requires U.S.A. financial institutions to assist U.S. government agencies to detect and prevent money laundering. Specifically, the act requires financial institutions to keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding $10,000 (daily aggregate amount), and to report suspicious activity that might signify money laundering, tax evasion, or other criminal activities. Chapter 14 ? Drugs and the Criminal Justice System Source control Law enforcement actions that reduce or eliminate the cultivation and production of illicit drugs in foreign countries Interdiction Efforts to prevent illicit drugs from being transported across the US border Street-level enforcement The reverse sting is a drug law enforcement operation in which undercover agents pose as drug dealers and sell a controlled substance or imitation version of a controlled substance to buyers Controlled buy is an operation in which an undercover informant makes a drug buy under the supervision of the police Seller may be arrested right after the deal or the drug may be used to obtain a search warrant at a later time Environmental problems of crop eradication Programs in which opium poppies, coca plants, and marijuana plants are destroyed in their countries or origin, prior to transport overseas. Certification Process by which the United states has the option of withholding foreign aid to a country if that county is judged to be noncompliant with the US counter-drug efforts, by virtue of its participation in major illicit drug production and/ or tracking. The maritime "transit zone" The coast guard is a key player in combating the flow of illegal drugs to the US by denying smugglers the use of maritime routes in this transit zone. It is a 6 million square mile area including the Caribbean, the gulf of Mexico, and the eastern pacific Undercover techniques Police or informants pose as dealers or pose as buyers to set up other dealers and buyers ?Knock and Talk?( occurs when agents arrive at a suspects residence and ask permission to conduct a consent search of the residence. From Reader: Kraska: ?The Military as Drug Police? Beckett and Sasson ? ?Crime and Public Policy? Drug Songs: Ridin? Dirty( Chamillionaire( trafficking drugs The Irony of it All( The streets( How marijuana is illegal when it calms you down and alcohol I legal and causes people to make mistakes (assault or drunk driving) Don?t Snitch( Mac Dre( About not snitching Train With No Love ( Andre Nikatina( About snitching La Reina del Sur( Los Tigres Del Norte( Drug traffickers in South America and Mexico Peruvian Cocaine( Immortal Technique( Cultivation and dealing, smuggling, and slave labor The Prison Song( System of a Down( Overcrowding in prisons Are You Experienced? (
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