Chapter 9 by niusheng11

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									    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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