Rockefeller Drug Law Case Study

Drug Laws According to the constitution of the United States the federal government is divided up into three branches to ensure an equal and balanced government and to make sure that no one or branch of government has too much power. The three branches are the legislative branch, executive branch, and

In the late 1980’s and early 1990’s, drug use became a major concern for most Americans. As the War on Drugs and “Just Say No” campaign were being thrust into the spotlight by the government and media, the public became more aware of the scope of drug use and abuse in this country. The federal and states’ governments quickly responded by creating and implementing more harsh and punitive punishments for drug offenses. Most of these laws have either remained unchanged or become stricter in the years since then.

Memorandum To: Robin Hudson, Justice, Supreme Court of North Carolina From: James McLean, District Attorney, 14th Judicial District, Durham County Subject: Seeking Equality in Sentencing Guidelines for Crack and Powder Cocaine Date: October 17, 2014 Most of us would agree that drug abuse and addiction is no respecter of persons. Regardless of age, race, gender, or economic status drug addiction can rear its ugly head in any situation. Like most Americans, I have personally been affected by the pitfalls of drug addiction from relatives and friends. Therefore, I have witnessed firsthand the devastation that it leaves on family members, friends, and the communities, in which they reside. Since its inception in 1986 the Anti-Drug Abuse Act, as caused more harm than good. At the start of this Act, Congress implemented maximum drug quantities initially targeted at “serious” and “major” drug traffickers. Congress concluded that 500 grams of powder cocaine would trigger a five-year mandatory minimum, and five kilograms would trigger a ten-year mandatory minimum. However, for crack cocaine the triggering quantities were significantly less. Only five grams of crack cocaine would prompt five-years and just fifty grams to prompt a ten-year sentence. This massive gap became known as the 100-to-1 sentencing disparity. Soon after several states began to legislate sentencing disparities between powder cocaine and crack cocaine into their criminal codes. The original targets of

For most of our history, drug use has been legal for recreational, religious, and medicinal purposes. During the 19th century, opium, morphine, and cocaine could be purchased over-the-counter to treat medical conditions such as menstrual cramps, teething pain, coughs, depression, and even addiction (Hellerman). On December 17, 1914, the Harrison Narcotics Tax Act was introduced which heavily restricted the use of narcotics, and was based on racial fears and discrimination. The drafters of the bill stated that “negroes under the influence of drugs were murdering whites, degenerate Mexicans were smoking marijuana, and “chinamen” were seducing white women with drugs” (Huggins). Regardless of the restrictions placed on narcotics, the 20th century followed the

Advancement is both the most noteworthy accomplishment and worst thing about humankind. Innovations and revelations are not innately great or underhandedness; nonetheless, contingent on who wields them they can be a power for kindheartedness or noxiousness. While some outstanding medications, for example, cocaine had been a staple fixing in a

Introduced into New York Law in the '70's, the Rockefeller laws basically served to increase the amount of individuals incarcerated for possession of so-called ?narcotic? drugs. The sponsor of the law was New York governor Nelson Rockefeller, who had a political agenda behind the legislation. According to research, he signed the legislation into law on May 8, 1973 because he wanted to appear tough on crime as he prepared for a Presidential bid, amid fears he was being seen as too liberal

I can’t speak for the entire State of Texas but Travis County drug court is making a positive impact on offenders’ lives. Two judges who manage Travis County’s drug court are directing addicts into a court supervised treatment program instead of incarceration. Drug courts like the one in Travis County

Putting in charge of developing a drug court it is dream come true because I have always eager to help people overcome any obstacles they deal with in the life. Being a drug addict is something very serious and that cause you to lose your dignity, money and loves ones because once you addicted to the drugs you will go the extreme miles to get that drug and it will become a necessity instead of a need for you. Since I have been putting in charge of developing a new drug court that can help someone, I must first discuss how I will develop that court and criteria but first before discussing the who is eligible, who is not eligible, and the elements of how the drug court will consist of but first I have to explain what is a drug court and provide

“Rockefeller Drug Laws”      In May of 1973, New York’s Governor, Nelson Rockefeller, made a set of strict anti-drug laws for the state legislature. The purpose of these laws was to stop the drug abuse epidemic that was occurring in New York during the early 1970’s. It was the most severe law in the nation; the drug laws were to punish those who possessed and sold heavy amounts of narcotics like cocaine and heroine and to hold them in custody for the amount they possessed or sold. For example, if the person was caught with the possession of two or four ounces of drugs on them the minimum time in a federal prison would be 15 years to life, no matter what age (if the offender was of 15 years of age or older). Many

When facing criminal drug charges, there is nothing more indispensable than a criminal drug attorney. The legal consequences in these types of criminal cases can be grave. A drugs attorney is absolutely necessary to help a defendant through the complex legal landscape that is to follow. It is important to

For my Civic Engagement project, I plan on studying and learning more about Drug Courts. After reading about drug courts in the state courts chapter and after watching the video, A Better Deal, about the nations first drug court, I immediately got hooked on the topic and wanted to learn more about the court in depth. Before we go more in depth about the topic, let’s take a step back and ask, “What is drug court and what is the purpose for it?” Drug court is a specialized court, meaning it is it’s own court. Drug court is a diversionary program that offers offenders a second chance to correct their drug problems and also offers an alternative route rather than going to prison for breaking the law due to their drug abuse. The goal for drug courts

Introduction Boston is being threatened by the increasing use of drug. The number of arrests related to drugs is continuously on the rise. It also implies a huge inestimable underground ‘black market’ of drugs running through the city. Boston’s Mayor Raymond Flynn is looking to take the drug problem head-on. He

The history of drug use dates back for thousands of years with diverse purposes throughout humanity. According to Levinthal (2012), the drug-taking behavior gained federal awareness in the early 1900s, due to the lack of drug control regulations. Moreover, Levinthal (2012) mentions four major drug control laws which were established, including: (1) The Harrison Narcotic Act 1914, (2) The Marijuana Tax Act 1937, (3) The Boggs Act 1951, and (4) The Controlled Substance Act 1970. The drug control laws formed help regulate importation, manufacture, selling, or distribution of drugs within the United States (Levinthal, 2012).

America's Flawed Drug Policy Introduction: As a major policy issue in the United States, the War on Drugs has been one of the most monumental failures on modern record. At a cost of billions of taxpayer dollars, thousands of lives lost and many thousands of others ruined by untreated addiction or incarceration, America's policy orientation concerning drug laws is due for reconsideration. Indeed, the very philosophical orientation of the War on Drugs and of the current drug policy in the United States has been one of prosecution and imprisonment rather than one of decriminalization, treatment and rehabilitation. As our medical and scientific communities characterize addiction as a disease, the United States government continues to characterize this disease as a crime. And in doing so, it has created an unnecessary criminal class in the United States. The research, supplemental political cartoons and proposed research will set out to prove that stiffer drug laws will only have the impact of criminalizing countless drug addicts who might otherwise benefit substantially from rehabilitation and other treatment-based strategies. With a specific focus on the prohibition of marijuana even for medical use, and using the Toulmin model for putting forth and completing the argument, the research will set out to demonstrate the irrational

The U.S. government eventually began establishing statutes against individuals possessing and using the drug. During a 1914 Congressional hearing, Congress approved the Harrison Act, which was a federal tax statute aimed at managing cocaine and attending to the dramatic increased addiction to the drug (Davis, 2011). Initially, southern legislators objected government regulation on cocaine due to its high demand and their suspicions over the power of the federal government (Davis, 2011). Southern legislators ultimately manipulated federal legislators through racist illusions to manage cocaine restrictions against Blacks only, although White individuals were the dominant proportion of addicts (Davis, 2011). Furthermore, advocates of the Harrison Act stated that “southern employers gave cocaine to black workers . . . and it caused the workers to be violent” (Davis, 2011, p. 380). Events like this guided the social processes of drugs and drug panics as society began developing racial stereotypes on cocaine because they identified Black individuals to be cocaine users and abusers (Faupel, Horowitz & Weaver, 2010). The drug panic of the 1980s led to the mass and disproportionate incarceration of Blacks and minorities.