Crime, Arrests and US Law Enforcement

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31. Sheriff's Offices with Drug Enforcement Units

"Nine in 10 sheriffs' offices regularly performed drug enforcement functions (table 29). Sheriffs' offices with drug enforcement responsibilities employed 90% of all local police officers.
"Thirty-six percent of sheriffs’ offices operated a special unit for drug enforcement with one or more officers assigned full-time (table 30). A majority of sheriffs' offices serving a population of 250,000 or more residents had a fulltime drug enforcement unit. There were an estimated 4,031 officers assigned full time to drug enforcement units nationwide. The average number of officers assigned ranged from 27 in jurisdictions with 1 million or more residents to 2 in those with fewer than 50,000 residents."

Hickman, Matthew J.. and Reaves, Brian A., "Sheriffs' Offices 2003" (Washington, DC: USDOJ, Bureau of Justice Statistics, May 2006), NCJ 211361. p. 15.
http://www.bjs.gov/content/pub...

32. Sheriffs' Officers Assigned to Drug Task Forces

"In 2003 an estimated 47% of sheriffs' offices had one or more officers assigned full time to a multi-agency drug enforcement task force (table 31), including 89% of sheriffs' offices serving 1 million or more residents. About 71% of all officers worked for a department that assigned officers to a drug task force.
"Nationwide, an estimated 3,477 officers were assigned full time to a drug task force. The average number assigned full time ranged from 9 in sheriffs' offices serving a population of 1 million or more to 1 in those serving fewer than 10,000 residents."

Hickman, Matthew J. and Reaves, Brian A., "Sheriffs' Offices 2003" (Washington, DC: USDOJ, Bureau of Justice Statistics, May 2006), NCJ 211361.
http://www.bjs.gov/content/pub...

33. Accomplishments Claimed by HIDTA Funded Initiatives

"In 2014, HIDTA-funded initiatives disrupted or dismantled 2,877 drug trafficking organizations, removing significant quantities of drugs from the market and seizing over $1.1 billion in cash and noncash assets from drug traffickers.† In addition, law enforcement has made strides against Consolidated Priority Organization Target (CPOT) organizations. In Fiscal Years 2014 and 2015, OCDETF member agencies initiated 1,979 OCDETF investigations, and they dismantled 233 and disrupted 438 CPOT-linked drug trafficking organizations."

2016 National Drug Control Strategy, Executive Office of the President, Office of National Drug Control Policy, January 2017, p. 39.
https://obamawhitehouse.archiv...

34. Substance Use and Nonfatal Violent Victimization

"Juveniles using drugs or alcohol committed 1 in 10 of the nonfatal violent victimizations against older teens. This was 2-1/2 times higher than the percentage of victimizations against younger teens perceived to be committed by a juvenile who was using drugs or alcohol.
"Younger teens were more likely than older teens to report that their juvenile offender was not using drugs or alcohol. In about 4 in 10 victimizations against younger and older teens committed by juveniles, the victim could not ascertain whether or not the offender was using drugs or alcohol."

Baum, Katrina, PhD, "Juvenile Victimization and Offending, 1993-2003" (Washington, DC: US Dept. of Justice, Bureau of Justice Statistics, Aug. 2005), p. 8.
http://www.bjs.gov/content/pub...

35. Failure of Law Enforcement Interventions

"Based on the available English language scientific evidence, the results of this systematic review suggest that an increase in drug law enforcement interventions to disrupt drug markets is unlikely to reduce drug market violence. Instead, from an evidence-based public policy perspective and based on several decades of available data, the existing scientific evidence suggests drug law enforcement contributes to gun violence and high homicide rates and that increasingly sophisticated methods of disrupting organizations involved in drug distribution could paradoxically increase violence. In this context, and since drug prohibition has not achieved its stated goals of reducing drug supply, alternative regulatory models for drug control will be required if drug market violence is to be substantially reduced."

Werb, Dan; Rowell, Greg; Guyatt, Gordond; Kerr, Thomas; Montaner, Julioa; Wood, Evan, "Effect of drug law enforcement on drug market violence: A systemic review," International Journal of Drug Policy (London, United Kingdom: International Harm Reduction Association: March 2011) Vol. 22, Issue 2, p. 92.
http://www.ihra.net/files/2011...

36. Impact Of Good Samaritan Laws On Arrests

"Ninety-three percent of police respondents had attended a serious opioid overdose (defined in the survey) in their career, with 64 % having attended one in the past year. While 77 % of officers felt it was important they were at the scene of an overdose to protect medical personnel, a minority, 34 %, indicated it was important they were present for the purpose of enforcing laws. Arrest during the last overdose officers encountered was rare, with only 1 % of overdose victims and 1 % of bystanders being arrested. In cases in which no arrest was made, 25 % reported confiscating drugs or paraphernalia.
"The majority, 62 %, indicated the law would not change their behavior at a future overdose because they would not have arrested anyone at the scene of an overdose anyway. Smaller proportions indicated they would be less likely to arrest (14 %), did not know what they would do (20 %), or would continue to arrest people at the scene of an overdose (4 %)."

Banta-Green C J, Beletsky L, Schoeppe JA, Coffin PO, Kuszler PC. Police officers’ and paramedics' experiences with overdose and their knowledge and opinions of Washington State's drug overdose-naloxone-Good Samaritan law. Journal of Urban Health: Bulletin of the New York Academy of Medicine. 2013;90(6):1102-;11.
http://www.ncbi.nlm.nih.gov/pu...
http://www.ncbi.nlm.nih.gov/pm...

37. 911 Calls, Good Samaritan Laws, And Opiate Overdoses

"Among heroin users, research indicates fear of police response as the most common barrier to not calling 911 during overdoses.12,13 In a Baltimore study, 37 % of injection drug users who did not call 911 during an overdose endorsed concerns about police as the most important reason they did not call.13 Several states have enacted laws, commonly called Good Samaritan laws, to encourage calling 911 during overdoses on controlled substances; these laws are in part modeled on college campus alcohol Good Samaritan policies.14 Overdose Good Samaritan laws had been adopted in ten states as of the end of 2012, but they have not yet been evaluated.15 Generally, the laws include provisions that provide immunity from criminal prosecution for drug possession to overdose victims and to those who seek medical aid. Eight states have passed laws that ease access to take-home-naloxone by allowing the prescription of naloxone (an opioid antagonist or antidote) to persons at risk for having or witnessing an overdose, enabling bystanders to quickly respond in the event of an overdose.3,15 Previous research suggests that police are sometimes under-informed, and often ambivalent to public health laws, especially those based in a risk reduction framework.16,17"

Banta-Green C J, Beletsky L, Schoeppe JA, Coffin PO, Kuszler PC. Police officers’ and paramedics' experiences with overdose and their knowledge and opinions of Washington State's drug overdose-naloxone-Good Samaritan law. Journal of Urban Health: Bulletin of the New York Academy of Medicine. 2013;90(6):1102-;11.
http://www.ncbi.nlm.nih.gov/pu...
http://www.ncbi.nlm.nih.gov/pm...

38. Diversion and Fraud

"According to law enforcement reporting, some individuals and criminal groups divert CPDs [controlled prescription drugs] through doctor-shopping and use insurance fraud to fund their schemes. In fact, Aetna, Inc. reports that nearly half of its 1,065 member fraud cases in 2006 (the latest year for which data are available) involved prescription benefits, and most were related to doctor-shopping, according to the Coalition Against Insurance Fraud (CAIF). CAIF further reports that diversion of CPDs collectively costs insurance companies up to $72.5 billion annually, nearly two-thirds of which is paid by public insurers. Individual insurance plans lose an estimated $9 million to $850 million annually, depending on each plan’s size; much of that cost is passed on to consumers through higher annual premiums."

National Drug Intelligence Center, Drug Enforcement Administration, "National Prescription Drug Threat Assessment," (Washington DC, April 2009), p. 20.
http://www.justice.gov/archive...

39. Federal Controlled Substances Act of 1970

"Enacted in 1970, the CSA [Controlled Substances Act] establishes a statutory framework through which the federal government regulates the lawful production, possession, and distribution of controlled substances.7 The CSA places various plants, drugs, and chemicals (such as narcotics, stimulants, depressants, hallucinogens, and anabolic steroids) into one of five schedules based on the substance’s medical use, potential for abuse, and safety or dependence liability.8 Further, the act requires persons who handle controlled substances or listed chemicals (such as drug manufacturers, wholesale distributors, doctors, hospitals, pharmacies, and scientific researchers) to register with the Drug Enforcement Administration (DEA) in DOJ, which administers and enforces the CSA.9 Registrants must maintain detailed records of their respective controlled substance inventories, as well as establish adequate security controls to minimize theft and diversion.10"

Garvey, Todd, "Medical Marijuana: The Supremacy Clause, Federalism, and the Interplay Between State and Federal Laws," Congressional Research Service (Washington, DC: Library of Congress, March 6, 2012), p. 2.
http://www.fas.org/sgp/crs/mis...

40. Sec. 844. Penalties for simple possession of Controlled Substances in the United States

STATUTE
(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while cting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter."
"Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year ....."
"if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 ...."
"if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000."

U.S. Code. Title 21, Chapter 13 -- Drug Abuse Prevention and Control -- Section 844, Penalties for Simple Possession, pp. 416-417.
http://frwebgate.access.gpo.gov/...
http://mapinc.org/url/0npxgLDk

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