Public Order Crimes: Anti-Drug Legislation, Penalties & More - Essay Sample

Public Order Crimes include, but are not limited to drugs and alcohol. In this two part assignment you will dive deeper into anti-drug legislation as well as identify different public order crimes.

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Part I: Anti-Drug Legislation Matrix

Complete the matrix by selecting three states to add below Federal. Then, answer each question listed in the first row for each corresponding law.

Is marijuana illegal? What are the penalties for possession of Cocaine? What are the penalties for possession of heroin? What are the penalties for possession of prescription drugs? What is the blood alcohol level for a driving while intoxicated (DWI) or driving under the influence (DUI) crime? Is there extreme DWI or DUI? If so, what is the punishment?

Federal The use Sale and possession of cannabis over 0.3% THC is illegal under federal law. Fine of not less than $1000 or a sentence of not more than one year.

Two or more prior convictions on possession attract $5000 fine and not less than 90 days in prison. The quantity might affect fine and sentencing (Mosher & Akins, 2007). . First offense one year in prison or $1000 fine, or both.

Prior conviction not more than 2 years in prison and fine of $2500 or both.

Two prior offenses attract $5000 and term of not less than 90 days and sentencing varies based on quantities. . Simple possession with 0 prior offence, 1 year max sentence and minimum of $1000.

One drug and prior offences in 2 years minimum of $2500.

2 or more drugs and two prior offences in three years attract minimum of $5000 years vary based on quantities. For drivers 21 years and above, the blood alcohol concentration (BAC) allowed is below 0.08%. The class b misdemeanor Federal DUI attracts a fine of up to $5000, 6 months in federal prison and 5 years of probation.

California Yes. However, adult use of marijuana is legal under Prop. 64. The medical marijuana was legalized in 1996 and decriminalization of possession under 28.5 grams. Under Safety Code 11350, possession of Cocaine is a felony that is punishable by incarceration. Healthy and Safety Code 11350, “personal possession of controlled substance, the possession of heroin is classified as a felony. Conviction can result in 16 months or 2-3 years in prison, maximum fine of $20,000, probation, or a short jail sentence Possession of prescription drugs (controlled substances) is illegal. The offence is punishable by up to a year in county jail and a fine of up to $1000 California has a BAC limit of 0.08% alcohol levels which complies with the California Vehicle Code Section 23152(b). The levels are 0.04% for drivers with Commercial driver’s license. Yes, bodily harm is punishable by $2000 fine, license suspension, 3 months alcohol education program, and 48 hours in jail.

Third subsequent DUI offense within 10 years attracts, 16 months in state prison, $18000 fines, and 30-month alcohol treatment program.

New York Passion of Marijuana is illegal in New York but compassionate care act allows for patients suffering from serious conditions to obtain marijuana for medicinal use. Possession of 500 milligrams or more of Cocaine is classified as Class D felony (2-2.5 years in prison).

Possession of one or more gram of narcotic drug with intent to sell is classified as Class B felon (8 to 20 years in prison). Under New York Penal Law §220.06, possession of half-gram of heroin is classified as class D felony.

-The varying amount may change to class C or even to Class A-1 Possession of prescription drugs is 7th degree and attract a penalty of Class A misdemeanor which include up to 1 years in prison and up to $1000 fine. The accepted blood alcohol concentration (BAC) is BELOW 0.08% First offense $500-$1000 fine, up to a year in jail, and minimum of 6-month license suspension.

Second offense within 10 years, $500-1000 fine, upto 4 years in jail, and a minimum of 1-year license suspension.

Third offense within 10 years attracts a fine of $2000-10000 fine, up to 7 years in jail, and minimum of 1-year license suspension.

Texas It is illegal to possess cannabis for recreational use. Possession of up to two ounces is class B misdemeanor punishable by up to 180 days in prison and $2000 fine. Possession of Cocaine under Texas Health and Safety Code 481.115 attracts a fine of $10000-250000 and a prison sentence of 2 years to life imprisonment. Possession of heroin less than a gram attracts 180 days to 2 years in prison up to life imprisonment for quantities above 400 grams. Penalties range from $10000-$100000- First degree felony. Class A or Class B misdemeanor which attracts a penalty of up to a year in jail or a fine of $4000 which depends on the type of drug and quantity. BAC of not more than 0.08 % The charges are classified under Class B misdemeanor and class A if the levels are above 0.15 %. The fines range from $2000-$4000 plus the administrative fees.

Where do you see the largest variance between federal and state anti-drug legislation?

The issue on the possession of drugs such as Cocaine, heroin, and prescription drugs carries the largest variance between the federal and anti-state legislation. New York and Texas appear to be among the strictest on the fight against drugs use and possession. The laws anti-drug legislations enacted in these crimes are tough on the offenders.

What is the purpose of anti-drug legislation in relation to public order crime?

The core objective of the anti-drug legislation in relation to the public order crime is to discourage people from engaging in drug trafficking and in so doing protecting the health of the people. The public order crime is working hard to stop people from engaging in acts such as prostitution and other acts that revolve around the use of drugs. They are both against the use and the sale of the illegal drugs (Seyedan & Mehrabi, 2019).

How does asset forfeiture work under both federal and state anti-drug legislation? How is jurisdiction determined?

The assets forfeiture occurs when the assets of an individual who has been arrested from a crime whereby they have acquired assets from the crime or benefitted from the crime. All assets are tied to it and taken away. For instance, a house bought using drugs money may be taken away. The taking of the assets deters other criminal activities. The jurisdiction is determined based on where the assets are taken from and if they lie across multiple states.

Part II: Public Order Crimes

Identify at least two public order crimes other than alcohol and drugs. Provide an example of each and possible penalties for your examples.

Public order crimes are regarded as actions that interfere with the operations of the society hence making it difficult for people to function inefficiently. These crimes include disorderly acts, loitering and prowling, and false reporting of crime among others (Ismaili, 2011).

Vandalism is one of the criminal mischiefs whereby the property of an individual may be destroyed. The crime may include hitting of mail boxes, breaking windows, and drawing or spraying graffiti. The fine may vary from $100-1000 depending on the extent or the crime.

Prostitution is another public order crime that entails in engaging in sexual acts that are made in exchange for money drugs or any other form of consideration. The penalties of this crime are applied depending on the history, age drugs, age, and other factors. The common forms of punishment include probation, jail term and fines.

References

Ismaili, K. (2011). U.S. criminal justice policy: A contemporary reader. Sudbury, MA: Jones and Bartlett Learning.

Mosher, C. J., & Akins, S. (2007). Drugs and drug policy: The control of consciousness alteration. Thousand Oaks, Calif: Sage.

Seyedan, F., & Mehrabi, M. (2019). Assessing The Relationship Between Knowledge Of Legislation And The Effects Of Drug Addicts And Psycho-Drivers And The Relation To Use These Materials Between Students Of 5th And 13th Stage Of Tehran. research on addiction, 12(50), 105-118.