Drugs, Crime, and Justice

Steven Belenko is Professor in the Temple University Department of Criminal Justice and adjunct Professor at the Department of Psychiatry at the University of Pennsylvania School of Medicine. He has conducted extensive research and published widely on drug abuse and crime, the impact of substance abuse on the adult and juvenile justice systems, drug policy, and developing and testing organizational change strategies to improve the implementation of drug treatment for offenders. In addition to numerous articles and book chapters, he is the sole author of two books on drug policy and coauthor of a recent book on implementation of drug treatment in community corrections. He is a Fellow of the Academy of Experimental Criminology. Cassia Spohn is School Director and Foundation Professor of Criminal Justice at Arizona State University. She is the author of several books, including The Color of Justice: Race, Ethnicity, and Crime in America (with Sam Walker and Miriam DeLone) and How Do Judges Decide? The Search for Fairness and Equity in Sentencing. She has published a number of articles examining prosecutors' charging decisions in sexual assault cases and exploring the effect of race/ethnicity on charging and sentencing decisions. Her current research interests include the effect of race and gender on court processing decisions, victim characteristics and case outcomes in sexual assault cases, judicial decision making, sentencing of drug offenders, and the deterrent effect of imprisonment. In 1999, she was awarded the University of Nebraska Outstanding Research and Creative Activity Award.

CHAPTER 1: DRUGS, CRIME, AND THE JUSTICE SYSTEM: OVERVIEW Drug Use in the United States Arrests and Incarceration for Drug-Related Crime The Connections among Drug Abuse, Crime, and the Criminal Justice System Goal of the Book and Overview of the Remaining Chapters CHAPTER 2: PSYCHOACTIVE DRUGS AND DRUG USE/ABUSE Basic Concepts about Psychoactive Drugs Tolerance, Dependence, Abuse and Addiction Drug Abuse and Drug Misuse Drug Dependence and Addiction Factors Influencing Drugs' Effects on Behavior and Mood Classes of Drugs and the Drug Enforcement Administration Schedules Classes and Types of Illegal Drugs and Their Effects Marijuana Focus on an Issue: Marijuana as the "Gateway Drug"? Central Nervous System Depressants: Opiates Heroin Synthetic Opiates (Opioids) Sedative-Hypnotics Stimulant Drugs Cocaine Crack Cocaine Amphetamines Methamphetamine Hallucinogens Lysergic Acid Diethylamide (LSD) Psilocybin (Mushrooms) and Peyote (Mescaline) Phencyclidine (PCP) Club Drugs Summary: Psychoactive Drugs and Their Effects CHAPTER 3: THEORIES OF DRUG USE AND ABUSE Explaining Drug Use and Abuse Is Addiction a Moral Problem or a Disease? Biological and Genetic Theories Psychological Theories Sociological Theories Summary: Theories of Drug Use and Abuse CHAPTER 4: DRUG ABUSE AND CRIME The Drugs-Crime Connection Drug Use Among Offenders Drug Use Among Offenders Under Correctional Supervision The Meaning of the Drugs-Crime Connection? Drugs and Crime: A Complex Relationship Theories Explaining the Drugs-Crime Connection Drugs and Property Crime Drugs and Violence Stimulant Drugs and Violence Other Drugs and Violence Focus on an Issue: Gangs and Drug Dealing Summary: Drug Abuse and Crime CHAPTER 5: THE WAR ON DRUGS: HISTORICAL AND CONTEMPORARY PERSPECTIVES The War on Drugs: A Historical Overview The First War on Drugs: Alcohol and Prohibition Criminalizing Drug Use: Targeting Opium, Morphine and Other Mood-Altering Drugs The Harrison Tax Act of 1914 Focus on an Issue: Racial and Ethnic Prejudice and the Case for Criminalizing Drug Use The Marihuana Tax Act of 1937 Enforcing the Drug-Control Legislation The Controlled Substances Act of 1970 The Contemporary War on Drugs Sentencing Reform and Sentencing Guidelines Sentencing Guidelines for Drug Offenses Mandatory Minimum Sentencing Statutes Sentences Imposed on Offenders Convicted of Offenses with Mandatory Penalties Focus on an Issue: The Crack-Power Cocaine Disparity Criticisms of Mandatory Minimums Drug-Free School Zones Reducing the Supply of Drugs Summary: The War on Drugs CHAPTER 6: POLICING DRUGS: THE COSTS AND BENEFITS OF LAW ENFORCEMENT STRATEGIES Police and the War on Drugs: A Focus on Arresting Drug Users and Sellers Racial Disparities in Drug Arrests Explaining Increases in Arrest Rates for Drug Offenders Did Arrests Increase Because Drug Use Increased? Did Arrests Increase as a Result of Changes in Policies and Practices? The Effect of Changes in Policing Strategies Stop and Frisk Procedures Pretext Traffic Stops Drug Courier Profiles Financial Incentives To Fight the War on Drugs Focus on an Issue: Policing for Profit-Drug-Related Forfeitures The Racial Disparity in Arrest Rates Do Blacks Use or Sell Drugs at Higher Rates than Whites? Are Police More Likely to Arrest Blacks than Whites for Drug Offenses? Summary: Policing Drugs and Drug Offenders CHAPTER 7: PROSECUTING DRUG OFFFENDERS IN STATE AND FEDERAL COURTS Explaining Decisions of Prosecutors and Judges: The Focal Concerns Perspective Drug Offenders in State and Federal Courts Drug Offenders in State Courts Drug Offenders in Federal Courts Prosecutors' Charging and Plea Bargaining Decisions Research on Prosecutors' Charging Decisions Charging Decisions in State Court Systems Charging Decisions in the Federal Court System Focus on an Issue: Prosecution of Pregnant Women Who Use/Abuse Drugs Filing Charges that Trigger Mandatory Minimum Sentences U.S. Attorneys and the Substantial Assistance Departure Focus on an Issue: Substantial Assistance Departures and Mandatory Minimum Sentences: Melendez v. United States Research on Use of Substantial Assistance Departures Summary: Prosecuting Drug Offenders CHAPTER 8: SENTENCING DRUG OFFENDERS Trends in Sentencing Drug Offenders Focus on an Issue: The Supreme Court and the Substantial Assistance Departure Modeling the Sentencing Process Disparity and Discrimination in Sentencing Types of Sentencing Disparity Types of Sentencing Discrimination Warranted Versus Unwarranted Disparity Gender Disparities in Sentencing Drug Offenders Focus on an Issue: Changes in the Racial Dynamics of Women's Incarceration Racial/Ethnic Disparities in Sentencing Drug Offenders Disparity Versus Discrimination in Sentencing Drug Offenders Race and Imprisonment Race/Ethnicity and Sentencing of Drug Offenders in State and Federal Courts The "Dangerous Drug Offender" in State and Federal Court Summary: Sentencing Drug Offenders: Severity, Disparity and Discrimination CHAPTER 9: THE IMPACT OF THE WAR ON DRUGS The Impact of the War on Drugs on Use of Illegal Drugs Focus on an Issue: Malign Neglect? The Impact of the War on Drugs on the Prison Population The Imprisonment Binge Mass Incarceration of Drug Offenders The Characteristics of Imprisoned Drug Offenders Focus on an Issue: The Effect of Imprisonment on Recidivism Rates for Felony Drug Offenders Race and Imprisonment for Drug Offenses Gender and Imprisonment for Drug Offenses The Impact of the War on Drugs on Crime: A Focus on Policing Explaining the "New York Murder Mystery" The Effect of Drug Arrests on Crime The Effects of Policing Strategies Designed to Reduce Illegal Drug Activity and Other Types of Crime Displacement and Diffusion-Does Crime Simply Move Around the Corner? The Collateral Consequences of the War on Drugs Focus on an Issue: The Effect on Imprisonment on Employment Prospects Summary: The Impact of the War on Drugs CHAPTER 10: DRUGS, CRIME AND JUSTICE IN THE 21ST CENTURY Public Health Approaches: A Focus on Demand and Harm Reduction Treating Drug-Involved Offenders: Effectiveness of Different Models Diversion Focus on an Issue: Should Drug Dealers be Eligible for Treatment Diversion if They Also Use Drugs? Jail Treatment Prison Treatment Treatment under Community Corrections Supervision Drug Courts Key Elements of Drug Courts Do Drug Courts Work? Medication Assisted Treatment Modifying Mandatory Minimum Penalties in the 21st Century New Approaches: More Effective Solutions? The Debate over Decriminalization and Legalization of Illicit Drugs Legalization Decriminalization Potential Benefits and Problems from Legalization and Decriminalization Prescription and Maintenance Models Decriminalizing and Legalizing Marijuana: Medical Marijuana, Decriminalization, and Legalization Medical Marijuana Decriminalization and Legalization of Marijuana Reimagining and Creating New Approaches to the Drugs, Crime and Justice Problem