Law Homework Help

Choose a concept or case from this week’s readings reflecting on this concept or case.  Please include a legal analysis as well as your personal reflections.

Chapter 11 – Drug Abuse and Drug Trafficking

I. Drug Abuse and Drug Trafficking

A. Drug Abuse

1. Alcohol

a. History of legitimacy

b. Alcohol and minors

2. Controlled Substances – Drugs controlled by statute

a. Possession of Controlled Substances

i. Can be either actual possession of constructive possession

ii. Penalties vary by state

b. Possession of Drug Paraphernalia – an item, product, or material that could be used to violate a controlled substance statute

i. Used to take drugs

ii. Health reasons – HIV transmission

c. Manufacture, Prescription, and Sale of Drugs

i. To be legal, the government regulations of the creation, distribution, and sale of controlled substances.

ii. Anyone else involved in any of these aspects without government permission is guilty of a crime.

3. The Nature, Extent, and Impact of Drug Abuse

a. Drugs and Crime

i. An assumption of the criminal justice system is that drugs lead to substance abuse and substance abuse leads to criminal acts.

ii. Violence, property crime, juvenile crime, and gang activity are all linked to drugs.

b. Fetal Abuse

i. Drug abuse (or just their use) by a pregnant woman impacts a fetus.

ii. Many states have considered criminalizing the death or injury of a fetus by mother who have abused drugs or alcohol.

4. The Impact of Drugs on the Criminal Justice System

a. The Courts

b. Law Enforcement

c. Corrections

B. Drug Trafficking

1. Smuggling

2. Violence

3. Money Laundering

C. Control of Drug Abuse and Drug Trafficking

1. Federal Government

a. The War on Drugs

b. Recent Policies

2. The States

a. Treatment

b. Drug Courts

i. Issues of Legitimacy

ii. Issues of Offender Rights

D. Legalizing Marijuana for Medical Purposes