Chapter 9 Alcohol and Drug Offenses Drug Offenses Controlled Substance Act – a federal law listing controlled substances according to their potential for abuse. Iowa has similar statutes: Chapter 204.101 Schedule I – unsafe even under medical treatment Schedule II – include drugs that have a high potential for abuse but may be medically acceptable under certain conditions Drug Offenses Schedule III – has a potential for abuse, but less than schedule I & II; has accepted medical use in U.S. Schedule IV – has low potential for abuse relative to schedule III; accepted medical practices in U.S.; abuse may lead to limited physical/psychological dependence relative to schedule III Drug Offenses Schedule V – low potential for abuse relative to schedule IV; accepted medical use in U.S. limited physical/psychological dependence relative to schedule IV Issues: derivates, pharmaceutical and amount/volume Drug Offenses Definitions: Chapter 204.101 Penalties: Possession of Controlled Substance? PCS 2nd offense? 3rd offense? Possession with intent to deliver PCS and weapon Drug Offenses Drug Paraphernalia – items closely associated with the use of illegal drugs; 124.414 Contraband – any property that is inherently illegal to produce or possess Controlled substances and drug paraphernalia are declared contraband and are subject to confiscation. Vehicles and aircraft involved in trafficking of controlled substances may be seized and declared forfeited under various federal and state statutes. Drug Offenses Forfeiture – sacrifice of ownership or some right as a penalty Actual Possession – possession of something with them having immediate control Constructive Possession – being in position to effectively control something even if it is not in their possession; even though “it” belongs to my roommate, I knew it was there, therefore, I could have possess “it” Drug Courts: A New Approach Traditional court processes were neither deterring substance abusers nor addressing the medical, social, and economic problems associated with drug abuse Drug Court – a specialized court designed to deal with defendants charged with violating laws of possession and use of controlled substances. This emphasizes rehabilitation of offenders Intoxication Offenses Congress enacted the 18th Amendment, which was ratified by the states in 1919. This amendment, referred to as Prohibition, made unlawful the manufacture, sale, or transportation of intoxicating liquors within the U.S. Prohibition was repealed by the 21 st Amendment, ratified in 1933. State and local governments retain the authority to ban or regulate the manufacture, sale and use of alcohol within their borders. Intoxication Offenses Continued: Public drunkenness classified as a minor misdemeanor DUI driving under the influence Disorderly intoxication offender being intoxicated in a public place and endangering the safety of others DWI driving while intoxicated DUBAL driving with an unlawful blood-alcohol level Intoxication Offenses Continued: Field Sobriety Test – a test administered by police when someone has been driving while intoxicated. They have to perform physical acts like walking a straight line, or holding one leg out in front of you. Implied consent statutes – person who drives a motor vehicle is deemed to have given consent to a urine test for drugs and to blood, breath, or urine testing to determine blood- alcohol content. Homework #1: Research a White Collar Crime case Be ready to describe the details and case outcome #2: Research an organized crime organization/family Be able to discuss their “business,” their operations, etc.
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