Politics of the Criminal Justice System Chapter 13

Mexican Drug Cartels

Criminal organizations controlling large portions of illegal drug trade and associated violence in Mexico and the U.S. boarder. 

Drug Legalization

The process of permitting the recreational or medical use of substances previously prohibited, such as marijuana. 

Recreational Marijuana

The legal use of marijuana for non-medical purposes, gaining support and legalizations in several U.S. states. 

Reefer Madness

A term symbolizing exaggerated fears about marijuana, originating from the 1938 propaganda film. 

Crack Babies

A term used in the 1980s to describe infants allegedly harmed by maternal crack cocaine use, later shown to be exaggerated. 

Prescription Drug Abuse

Misuse of legally prescribed medications, which accounts for most drug-related deaths. 

National Survey on Drug Use and Health

Broadly captures self-reported drug use but misses key populations like transients and prisoners. 

Monitoring the Future (MTF)

A survey that focuses on students, tracking drug use trends among students in grades 8, 10, and 12. 

Drug Abuse Warning Network (DAWN)

A data set measuring hospital ED visits linked to drug use. 

Arrestee Drug Abuse Monitoring (ADAM II)

Collects drug data from arrestees, highlighting city-specific drug issues and documenting significant declines in crack usage since the 1990s. 

Drug-Defined Crimes

Crimes like possession or sale of illegal substances. 

Drug-Related Crimes

Crimes caused by pharmacological effects or committed to fund drug purchases. 

Crimes Associated with Drug Usage

Crimes committed while using drugs, but not directly caused by the drug use. 

Gateway Effect

The theory that initial use of substances like marijuana leads to harder drug use or criminal behavior. 

Social Context

Factors like age, employment, education, and family life that mediate drug use and behavioral patterns. 

Co-Occurring Problems

Simultaneous issues such as truancy or unstable employment, that complicate direct links between drug use and violent behavior. 

Deviant Lifestyles

Behaviors encompassing both drug use and crime without direct causality. 

Hawks

Focus on law enforcement to eradicate drug abuse through supply and demand reduction strategies, emphasizing arrest and punishment. 

Owls

Advocate for prevention and treatment of drug abuse, prioritizing demand reduction through public health initiatives. 

Doves

Call for a complete rethinking of drug policy, viewing drug abuse as a public health issue rather than a criminal one. 

War on Drugs

A hard-line U.S. policy emphasizing strict enforcement and punishment to combat drug abuse.  

Harm Reduction

A moderate approach to drug policy that reduces penalties while keeping criminal laws intact. 

Supply Reduction

Strategies aimed at decreasing the availability of drugs.

Demand Reduction

Efforts to reduce the desire for drug use, often through prevention or punishment. 

Fair Sentencing Act (2010)

Legislation reducing sentencing disparities between crack and podered cocaine offenses. 

Cumulative Disadvantages

The compounded negative impact of harsh justice system treatment on racial minorities. 

Mandatory Minimum Sentences

Predefined minimum prison terms for specific offenses, often criticized for contributing to racial disparities.

Street-Level Enforcement

Policing strategies that focus on low-level drug transactions and arrests in local communities.

Interdiction

Measures aimed at preventing the trafficking of illegal drugs across national borders.  

Eradication

Programs to eliminate drug-producing crops at their source, such as poppy or coca plants. 

Crackdowns

Intensive law enforcement operations targeting specific crime areas or behaviors. 

Focused Deterrence

Targeted strategies aimed at preventing specific types of offending by engaging offenders and offering alternatives or consequences. 

Drug Availability

Public perception of how easily illicit substances can be accessed.  

Plan Columbia

A U.S. - Columbia partnership aimed at combating cocaine production through crop eradication and law enforcement initiatives. 

Narco-Terrorism

Violence and corruption linked to drug cartels undermining government stability, especially in Mexico. 

Failed State

A nation where government control collapses, leaving power in the hands of criminal or insurgent groups. 

Adaptations

Criminal adjustments to increased law enforcement, such as finding new smuggling routes or altering production methods.  

Incapacitation

A strategy aimed at preventing crime by keeping offenders in prison. 

Deterrence

A strategy to discourage criminal behavior through the threat of punishment. 

Prohibition of Alcohol (1920 – 1933)

While it reduced drinking and deaths from cirrhosis, Prohibition turned causal drinkers into criminals, undermined respect for the law, and fueled organized crime. 

Social Gambling

Once heavily restricted, gambling laws created illegal markets and corruption. Today, gambling is widespread through state lotteries, casinos, and racetracks, reflecting a shift in policy.  

Gun Control

Laws barring criminals from owning guns have limited impact, as most offenders obtain weapons through illegal means, highlighting enforcement challenges. 

Criminal Abortion Laws (Pre – 1973)

Despite being illegal, an estimated one million abortions occurred annually, often in unsafe conditions, leading to harm and criminal prosecution risks.  

Sexual Behavior Laws

Historically, laws criminalized sodomy, fornication, adultery, prosecution. These laws failed to stop such behaviors and have been largely repealed or reformed in recent decades.  

Prohibition

The legal ban on alcohol production and sale, which led to unintended social and criminal consequences.

Organized Crime

Criminal syndicates that gained power during Prohibition and other restrictive policies. 

Back-Alley Abortions

Unsafe, illegal abortions performed before Roe V. Wade, often resulting in harm to women.  

Organized Syndicates

Criminal organizations formed to meet public demand for restricted products or services. 

Secondary Crimes

Additional illegal activities, like corruption or gang violence, resulting from enforcement measures. 

Legitimacy

Public trust and respect for the legal system and its enforcement efforts. 

Soft Approach

Non-criminal strategies, such as education and regulations, to reduce harmful behavior. 

Economic Disincentive

Financial measures, like taxes, designed to discourage undesirable behavior. 

Universally Condemned Actions

Behaviors that are widely recognized as wrong and unacceptable in society. 

Drug Education Programs

Efforts aimed at teaching the risks of substance use and encouraging prevention through awareness and informed decision-making. 

What four main strategies do drug education programs employ?

Information Dissemination, Fear Arousal, Moral Appeal, Affective Education.

Information Dissemination

Providing facts about drug, assuming people make rational decisions based on information. 

Fear Arousal

Using freighting scenarios to deter drug use, such as the “your-brain-on-drugs" campaign. 

Moral Appeal

Emphasizing that drug use is inherently wrong. 

Affective Education

Teaching personal and social skills to resist peer pressure, such as techniques for saying no. 

National Youth Anti-Drug Media Campaign

A large-scale educational effort aimed at reducing youth drug use through media advertisements. 

DARE (Drug Abuse Resistance Education)

A popular antidrug education program designed to teach resistance to school-age children. 

GAO (Government Accountability Office)

A federal agency that reviewed evaluations of DARE and its long-term effectiveness. 

Participative Methods

Interactive teaching techniques involving active student participation, often more effective than traditional lectures. 

Safe-Sex Education Programs

Initiatives aimed at reducing risky sexual behavior to prevent HIV/AIDS transmission. 

HIV-Related Deaths

Mortality caused by complications from HIV/AIDS, dramatically reduced through education and treatments. 

Deterrence Theory

The idea that individuals’ responses to risks or sanctions vary based on their societal involvement and perceptions of loss. 

Rehabilitation

A process aimed at helping individuals change behavior and overcome substance abuse problems.  

National Institute on Drug Abuse (NIDA)

A federal agency providing data and research on substance abuse treatment needs. 

Drug Courts

Specialized court programs designed to rehabilitate offenders with substance abuse issues rather than imposing traditional punitive measures.  

Methadone Maintenance

Substitutes methadone for heroin, preventing deeper dependency and reducing criminal behavior, but is controversial due to providing an addictive drug. Success requires tailored dosing and a minimum of 12 months, yet many clients leave early.

Therapeutic Communities

Residential programs with intensive counseling aiming to restructure the client’s personality by removing negative external influences. These are expensive and treat only a limited number of individuals. 

Outpatient Drug-Free Programs

Least expensive and most common, offering counseling services while clients remain in their community. Often part of probation or parole conditions. 

Faith-Based Treatment

Run by religious organizations; no evidence supports their effectiveness in reducing drug abuse or criminal behavior. 

Relapse

Returning to substance use after treatment, often seen as the norm rather than the exception. 

Prediction Problem

The challenge of accurately identifying individuals most likely to benefit from specific interventions or programs.  

Diversion

A legal process redirecting offenders from prosecution to alternative programs, like treatment. 

Procedural Justice

Ensuring fair and respectful treatment within judicial processes, positively influencing outcomes. 

Cost-Benefit Ratio

A measure comparing the financial savings to the cost of implementing a program.

Legalization

Making the use, possession, and distribution of drugs lawful under certain regulations. 

Decriminalization

Reducing or eliminating criminal penalties for certain drug-related activities, often seen as a step toward legalization. 

American Civil Liberties Union (ACLU)

An organization advocating for civil rights and liberties, including drug decriminalization.

What are the two arguments the “logic of legalization” includes?

Most illegal drugs are less dangerous than commonly believed + The abuse of dangerous drugs would not significantly increase under legalization

Explain Walker’s reasoning behind Proposition 35: Drug courts are a promising approach to reducing both drug use and crime among criminal offenders.

While drug courts do not eliminate drug use or criminal activity, they achieve modest yet meaningful reductions, meeting realistic standards for success. 

State Option

Allowing individual states to experiment with their own drug policies instead of following a national policy. 

Legalization Maximalists

Advocates for broad legalization encompassing all drugs and age groups.

Legalization Minimalists

Advocates for limited legalization, often focused on marijuana for adults. 

What four key issues create disagreements over legalization?

1) Whether all drugs or only some should be legalized. 2) Whether both possession and sale should be legalized or only possession. 3) Whether legalization should apply to adults and juveniles or only adults. 4) Whether regulation will replace criminal penalties, and if so, what kind of regulation.

Maximalists

Support legalization of both sale and possession for all drugs, including juveniles. 

Moderates

Advocate removing penalties for possession of many drugs and the sale of some drugs, but only for adults 

Minimalists

Seek to eliminate penalties for adult marijuana possession, both recreational and medical. 

Agonistics

Call for a national debate on drug policy, agreeing current policies have failed. 

Radical Legalization

Legalizing all aspects of drug production, sale, and use without significant restrictions. 

Moderate Legalization

Legalizing certain drugs or activities under a controlled and regulated framework. 

Conservative Legalization

Introducing very limited legalization, focusing on specific drugs or purposes, such as medicinal use.

Predatory Crime

Crimes such as robbery or burglary, often committed to support drug addiction or other needs.

Criminal Syndicates

Organizations that engage in illegal activities for profit, such as drug trafficking. 

Self-Destructive Behavior

Actions that harm oneself physically, emotionally, or socially. 

Explain Walker’s reasoning behind Proposition 36: The impact of legalizing drugs on serious crime is not known at this time.

While legalization could reduce drug-defined crimes like possession and sale, its effect on drug-associated crimes such as robbery and burglary is unclear, as these often stem from broader social issues. Criminal syndicates would likely continue to operate, supplying drugs that remain illegal.

Criminalization

The process of making certain behaviors illegal and punishable by law.

Racial Disparities

Inequalities or differences in treatment and outcomes across different racial and ethnic groups.