Drug courts also help to provide consistent responses to drug offenses among the judiciary, and they can foster coordination between intervention agencies and resources, thus increasing
Trang 1A draft may be payable to a designated payee
or to the bearer—the person who has posses-sion of the draft at the time it is presented to the drawee for payment—pursuant to the drawer’s directions
A draft is sometimes synonymous with a
BILL OF EXCHANGE,COMMERCIAL PAPER, or NEGOTIA-BLE INSTRUMENT
DRAFTER The person who draws or frames a legal document such as a will, pleading, conveyance, or contract
One who writes an original legislative bill for the U.S Senate or House of Representatives is called the drafter of that bill
DRAIN
A trench or ditch to convey water from wet land; a channel through which water may flow off The word has no technical legal meaning Any hollow space in the ground, natural or artificial, where water is collected and passes off, is a ditch or drain
Also, sometimes, the easement or servitude (acquired by grant or prescription) that consists of the right to drain water through another’s land
A number of states have drainage statutes in order to protect the welfare of the public Such statutes provide for the construction of drains
in areas that are swampy, marshy, or overflowed past their natural boundaries Also contained in drainage statutes are provisions that regulate the creation and organization of drainage districts
The state legislature has the discretion to decide which lands will be included within a particular drainage district For example, such a district might include territory of a city or village or property in two or more counties
The specific plan for the construction of a drain is within the discretion of local authorities
as modified by limitations or restrictions set forth by state drainage statutes Only land that will be benefited through drainage improve-ments should properly be included within a drainage district
In certain instances, liability has been extended to drainage districts that have failed
to maintain existing drains In order to remedy this situation, in some cases, landowners are given a certain portion of a drain to clean out and maintain in proper repair Regardless of whether or not a landowner is specifically given
the responsibility for maintenance, a landowner may only close or obstruct a drain with his or her neighbors’ consent If the land of an indivi-dual is injured because a public drain is being obstructed by a neighbor, then the person can
BRING SUITfor the damage resulting therefrom Subject to limitations imposed by the U.S Constitution, a state legislature has the power to authorize drainage districts to prescribe special assessments to cover the cost of drainage improvements Generally, only those lands inclu ded within a particular district are subject to such assessment In certain states, school lands are exempted from assessments that drainage dis-tricts levy Assessment review boards frequently entertain objections to drainage assessments; however, if no such board exists, assessments are subject to judicial reviews in the courts A property owner can, therefore, go to court to challenge what he or she believes to be an unjust drainage assessment against his or her land
DRAMSHOP ACTS Statutes, also called civil liability acts, that impose civil liability upon one who sells intoxicating liquors when a third party has been injured as a result of the purchaser’s intoxication and such sale has either caused or contributed to the state of intoxication
A dramshop is any type of drinking establish-ment where liquor is sold for consumption on the premises, such as a bar, a saloon, or, in some cases,
a restaurant UnderDRAMSHOP ACTS, the seller of liquor can be sued by an individual who is injured
by an intoxicated person Such acts protect the injured THIRD PARTY not only against personal injuries and property damages resulting directly from the actions of the intoxicated individual (such as those resulting from drunken driving or
ASSAULT AND BATTERY) but also against the loss of family support owing to such injuries Generally, the person who became intoxicated cannot sue the seller if she or he is injured, nor can any active participant in the drinking
The dramshop laws are based on the principle that anyone who profits from the sale of alcoholic beverages should be held liable for any resulting damages For a seller to be held liable, it is unnecessary to show that he or she is negligent, provided it is proved that the seller sold liquor to a habitual drunkard or a person who was already drunk, which is generally illegal in itself
18 DRAFTER
Trang 2Dramshop acts originated in theTEMPERANCE
MOVEMENT of the mid-1800s In Illinois, for
example, the first such law was passed in 1872
and amended in subsequent decades By the
1990s more than 40 states had either
dram-shop acts or court rulings that made a
com-mercial server or seller of alcohol liable if an
intoxicated customer caused an accident or
injury upon leaving the server’s or seller’s
establishment (e.g., the Iowa Alcoholic Beverage
Control Act[Iowa Code Ann § 123.92 (West)])
Typical modern statutes include limitations on
awards, specifications regarding the commercial
defendant’s type and degree of liability, and a
STATUTE OF LIMITATIONS
By the late 1980s, dramshop statutes and
court rulings had caused a dramatic increase in
lawsuits involving liquor liability, with a
corre-sponding increase in damage awards to victims
As a result, liquor liability insurance became
increasingly expensive and difficult to obtain
To guard against costly dramshop suits,
liquor vendors have taken a variety of steps to
prevent negligent behavior: eliminating“happy
hours,” reducing late-night operation, offering
free Breathalyzer tests, instituting
designated-driver programs, and training servers on how to
deal with intoxicated patrons Several states
have made precautions such as these mandatory
Some, such as Oklahoma, have banned happy
hours (see 37 Okla Stat Ann § 537 [West]);
others have required server training Many
insurance companies either require such
preven-tive measures or offer incenpreven-tives for their use
Many states have extended dramshop liability
to corporate or individual social hosts who
provide alcoholic beverages without charge This
new source of liability has produced an
extraordi-nary number of lawsuits Accordingly, individuals
wishing to host a social or business function in one
of these states would now be required to take
many of the same precautions commercial
establishments do, including obtaining liquor
liability insurance, or else they would have to
hold their gathering at an insured bar or hotel
FURTHER READINGS
Allen, Jeffrey Wynn 1994 “Illinois Dram Shop Reform.”
John Marshall Law Review 28 (fall).
Fancher, Catherine 1993 “One Too Many? … Dram Shop
Act….” Texas Tech Law Review 25.
Smith, Jacob D 2002 “Rethinking a Broker’s Legal
Obligations to its Customers —The Dramshop Cases.”
Securities Regulation Law Journal 30, no 1 (spring).
Smith, Richard 2000 “A Comparative Analysis of
Dram-shop Liability and a Proposal for Uniform Legislation ”
The Journal of Corporation Law 25 (spring).
Weiss, Ann E 1987 The Supreme Court Berkeley Heights, N.J.: Enslow.
DRAW
To aim a firearm, or deadly weapon, at a particular target
To prepare a written bill of exchange,
COMMERCIAL PAPER, draft, or negotiable instrument and place one’s signature on it, creating a legal obligation under its terms To write a document, such as a deed, complaint, or petition, including the essential information necessary to make it legally effective upon its execution by the designated parties
To lawfully remove money from an account held in a bank, treasury, or other depository
DRAWEE
A person or bank that is ordered by its depositor, a drawer, to withdraw money from an account to pay a designated sum to a person according to the terms of a check or a draft
CROSS REFERENCE Commercial Paper.
ALCOHOL-RELATED TRAFFIC FATALITIES, 1990 TO 2007
Percentage of traffic fatalities involving alcohol-impaired driver or nonoccupant
0 10 20 30 40 50
60
Year
a BAC stands for blood alcohol concentration.
50.7
42.5 41.5
38.0 6.7
6.0
44.0
36.5 35.5
32.0
Dramshop Acts
SOURCE: U.S National Highway Traffic Safety
Administration, Traffic Safety Facts, annual.
ILLUSTRATION BY GGS CREATIVE RESOURCES REPRODUCED BY PER-MISSION OF GALE, A PART
OF CENGAGE LEARNING.
DRAWEE 19
Trang 3A person who orders a bank to withdraw money from an account to pay a designated person a specific sum according to the term of a bill, a check,
or a draft An individual who writes and signs a commercial paper, thereby becoming obligated under its terms
DRED SCOTT V SANDFORD
In Dred Scott v Sandford, 60 U.S (19 How.)
393, 15 L Ed 691 (1857), the U.S Supreme Court faced the divisive issue ofSLAVERY Chief Justice ROGER B TANEY, a former slaveholder, authored the Court’s opinion, holding that the U.S Constitution permitted the unrestricted ownership of black slaves by white U.S citizens
In a stunning 7–2 decision, the Court declared that slaves and emancipated blacks could not
be full U.S citizens Any attempt by Congress
to limit the spread of slavery in U.S territories was held to be a direct violation of slave owners’
due process rights
Chief Justice Taney’s opinion fueled the nineteenth-century abolitionist movement and helped push the United States toward civil war Although Taney was an accomplished jurist who served as chief justice for 29 years, his record was permanently tarnished by what many considered to be his flawed reasoning in the Dred Scott case
African slavery was introduced in the American colonies in 1619 As the new country grew, slavery spread throughout the South, where cheap labor was needed for harvesting large cotton and tobacco crops During the early nineteenth century, opponents of slavery began to organize in the North
Abolitionists initially wanted to restrict slavery to the southern states, but their ultimate goal was to outlaw black servitude throughout the United States As new territories from the
LOUISIANA PURCHASE applied for U.S statehood, the issue became a sticking point Most south-erners supported the spread of slavery, viewing
it as a necessary condition for their social, political, and economic survival Most north-erners favored the containment and eventual eradication of slavery Although political mod-erates called for voters in each new territory to resolve the slavery issue, a national consensus
on this point was never reached
The 1820 Missouri Compromise was an attempt by the U.S Congress to balance the competing viewpoints Congress passed a law designating as free states any new states located north of a line drawn across the Louisiana Purchase New states south of the line would be slave states In other words, slavery was out-lawed north of Missouri’s border and west to the Rocky Mountains After the passage of the Missouri Compromise, two new states were admitted: Missouri, where slavery was permit-ted, and Maine, where it was forbidden The Missouri Compromise did not improve the bitter rivalry between pro-slavery and anti-slavery forces The controversial Dred Scott opinion further exacerbated regional tensions Dred Scott was a slave owned by Dr John Emerson, a U.S Army officer In 1834 Scott moved with Emerson from Missouri, a slave state, to Illinois, a state in which slavery was prohibited by statute Scott and Emerson also lived in northern U.S territories that later became the free states of Minnesota and Wisconsin In 1838 Scott and his family returned to Missouri with Emerson
When Emerson died, Scott sued Emerson’s widow in Missouri state court, seeking free-dom for himself and his family Scott’s 1846 lawsuit claimed that his prior residence in a free state and free territories entitled him to liberty and back wages since 1834
Scott won his case in the lower court Emerson’s widow appealed to the state supreme
Dred Scott sued for
his freedom in 1857,
claiming that his
residence with his
owner in a free state
and free territories
entitled him to liberty.
The Supreme court
ruled against Scott,
sparking outrage
among abolitionists.
20 DRAWER
Trang 4court, which sided with her Then she married
Calvin Clifford Chafee, a prominent
Massachu-setts abolitionist and member of Congress The
new Mrs Chafee switched to the abolitionist
camp and agreed to seek a federal ruling against
slavery on Scott’s behalf
Scott was sold in a sham transaction to
Mrs Chafee’s brother, John F A Sanford, an
abolitionist from New York Sanford agreed to
participate in the Dred Scott case as a personal
protest against slavery (Mr Sanford’s name
was misspelled by a clerk in the case title as
“Sandford” and has remained so in court records.)
Scott filed a lawsuit against his new owner
in federal court A federal court was able to
hear the case because of diversity of
jurisdic-tion, which entitles litigants from two different
states (in this case, Missouri and New York) to
pursue claims in federal court
Like the state lawsuit, the federal case claimed
that Scott was no longer a slave, owing to his
previous residence in a free state and free territory
The federal court ruled against Scott, who then
brought his case before the U.S Supreme Court in
aWRITof error—an order from an appeals court
requiring a trial court to send records to the U.S
Supreme Court for review
The Supreme Court conducted a four-day
hearing Chief Justice Taney delivered what he
hoped would be the definitive statement on
slavery in the United States Taney, a respected
Maryland lawyer and former U.S attorney
general, had succeeded the legendary JOHN
MAR-SHALL as chief justice He used Dred Scott as a
national forum on constitutional rights and race
Chief Justice Taney’s colleague, Associate
JusticeSAMUEL NELSON, urged the Court to reach
a narrow decision based on the facts in Dred
Scott Because Scott’s original action was brought
in a Missouri court, Nelson believed simply
that state law should prevail in the case Under
Missouri law, a slave’s status was not affected
by a temporary change in residence
Chief Justice Taney did not want Scott
defeated in a narrow holding Instead, he wrote
a sweeping defense of slavery, emphasizing
the slave owners’ constitutional rights and
privileges Taney observed that under the Due
Process Clause of the FIFTH AMENDMENT of the
U.S Constitution, no person can be deprived of
property without LEGAL PROCEEDINGS By
out-lawing slavery in certain U.S territories, the
Missouri Compromise stripped slave owners of
their constitutional right to own property, or
“articles of merchandise,” as Taney referred to slaves Taney found the Missouri Compromise unconstitutional (Actually, the Missouri Com-promise had been repealed by Congress in 1854, but Taney’s ruling nevertheless worried aboli-tionists, who feared that Taney’s findings could be applied to any federal legislation that restricted slavery.) Thus, the Scott decision both sanctioned slavery and encouraged its spread throughout all U.S territories
Taney’s opinion also declared that black slaves and their descendants could not become U.S citizens Because blacks were ineligible for citizenship, they could not sue in federal court
Taney claimed that the architects of the U.S
Constitution did not intend for blacks to have constitutionally protected rights and immuni-ties The Founding Fathers had regarded blacks
as socially and politically unfit Taney observed that even if Scott were free, he could not appear before federal court, because of his race How-ever, Taney determined that Scott was not free, because his brief residence in a free state did not divest him of slave status
President JAMES BUCHANAN hoped that the Supreme Court’s unequivocal ruling in Scott would dispose of the slavery issue once and for all The opinion had the opposite effect Outrage among abolitionists and fence-sitters was deep
The nascent REPUBLICAN PARTY benefited from Scott, as new members joined in the wake of the pro-slavery ruling The Republican party de-nounced the Scott decision, calling for measures
to restrict slavery Presidential candidateABRAHAM LINCOLN used the case as a campaign issue and pledged to overturn the Court’s ruling against Scott Lincoln won the presidential election in
1860, and in 1861, the Civil War began
After the unfortunate ruling, Scott was freed
by Sanford and worked as a porter in a St Louis hotel He died of tuberculosis in 1858 or 1859
Sanford was institutionalized for mental illness,
a condition his friends traced to his public involvement in the Scott fiasco
The Supreme Court’s reputation suffered greatly owing to its poor handling of the slavery issue Newspaper editors and politicians lam-basted the Court for its colossal misstep His-torians single out Taney’s Dred Scott decision
as one of the lowest points in U.S jurisprudence
FURTHER READINGS Bernstein, Richard, and Jerome Agel 1989 The Supreme Court: Into the Third Century New York: Walker.
DRED SCOTT V SANDFORD 21
Trang 5Fehrenbacker, Don 1981 Slavery, Law, and Politics: The Dred Scott Case in Historical Perspective New York:
Oxford Univ Press.
Finkelman, Paul 1996 “The Dred Scott Case, Slavery and the Politics of Law ” Hamline Law Review 20 (fall).
——— 1997 Dred Scott v Sandford: A Brief History with Documents New York: St Martin’s.
Gunderson, Cory 2004 The Dred Scott Decision Edina, Minn.: Abdo.
Herda, D J 2010 The Dred Scott Case: Slavery and Citizenship Berkeley Heights, N.J.: Enslow.
Streichler, Stuart A 1997 “Justice Curtis’s Dissent in the Dred Scott Case: An Interpretive Study ” Hastings Constitutional Law Quarterly 24 (winter).
CROSS REFERENCES Civil Rights Acts; “Dred Scott Case” (Appendix, Primary Document); Prejudice; Racial and Ethnic Discrimination.
DRIVING UNDER THE INFLUENCE (DUI)
See DWI
DROIT [French, Justice, right, law.] A term denoting the abstract concept of law or a right
Droit is as variable a phrase as the English right or the Latin jus It signifies the entire body
of law or a right in terms of a duty or obligation
DRUG COURTS Drug courts are a type of special court with jurisdiction over cases involving drug-using offen-ders Drug courts are treatment-based alternatives
to prisons, youth-detention facilities, jails, and probation These courts make extensive use of comprehensive supervision, drug testing, treatment services, immediate sanctions, and incentives
DRUG COURTSconcentrate the efforts of judges, prosecutors, defense counsel, substance-abuse treatment specialists, probation officers, law enforcement and correctional personnel, edu-cational and voedu-cational experts, commun-ity leaders, and others on individuals who are charged with illicit drug abuse The criminal justice system works cooperatively with treatment systems and others to provide an offender with the necessary tools to get into recovery, stay in recovery, and lead a productive, crime-free life
The drug court acts to help offenders change their lives in order to stop criminal activity, rather than focusing only on punishment of offenders Drug courts also help to provide consistent responses to drug offenses among the judiciary, and they can foster coordination
between intervention agencies and resources, thus increasing the cost-effectiveness of drug-intervention programs Successful completion
of the drug court’s treatment or intervention regimen usually results in the dismissal of drug charges, shortened or suspended sentences, or
a combination of these Participants acquire the wherewithal to rebuild their lives
Several studies have supported the effective-ness of drug courts According to a report published in 2003 by the Treatment Research Institute at the University of Pennsylvania,“drug courts outperform virtually all other strategies that have been used with drug-involved offen ders.” Another study produced by researchers at Colum-bia University concluded that “drug use and criminal behavior are substantially reduced while offenders are participating in drug court.”
In 2005 the Government Accountability Office issued a report entitled Adult Drug Courts: Evidence IndicatesRECIDIVISMReductions and Mixed Results for Other Outcomes The report showed that adults who entered into drug court programs had a significantly lower rate of re-arrest First Drug Courts
In 1989 the nation’s first drug court was established in Miami, Florida CIRCUIT COURT
Judge Herbert M Klein had become troubled by the negative effects of drug offenses on Dade County He became determined to address the problem caused by widespread drug use This first drug court became a model program for the nation
Drug courts that followed the Miami model essentially began as diversionary programs that dealt with non-violent offenders These subjects typically were charged with relatively minor offenses, such as simple drug possession or charges of driving under the influence
At first, drug courts were geared toward adult populations The successes of adult drug courts in intervention and in changing the lives
of adult offenders prompted juvenile courts to establish similar drug court programs aimed at juvenile offenders Juvenile drug courts likewise have proven successful, and now many jurisdic-tions include family drug courts that primarily hear substance-abuse and neglect cases Goals of Drug Court Programs Differing needs across jurisdictions have resulted
in a variety of drug courts in terms of their structure, scope, and target populations, but they all share three primary goals: reduction of
22 DRIVING UNDER THE INFLUENCE (DUI)
Trang 6recidivism, reduction of substance abuse among
participants, and rehabilitation of participants
To achieve these goals, drug courts generally
structure themselves to include the following
features:
nIncorporation of drug testing into case
processing
nCreation of a non-adversarial relationship
between the offender and the court
nIdentification of offenders who are in need
of treatment and referring them to
treat-ment as soon as possible after arrest
nAccess to a continuum of treatment and
rehabilitation services
nMonitoring of abstinence through frequent,
mandatory drug testing
nEstablishment of a coordinated strategy to
govern drug court responses to offenders’
compliance
nMaintenance of judicial interaction with
each drug court participant
nMonitoring and evaluation of program
goals and effectiveness
nContinuing education to promote effective
drug court planning, implementation, and
operations
nForging of partnerships among drug courts,
public agencies, and community-based
orga-nizations in order to generate local support
and to enhance drug court effectiveness
Drug courts can be used for a variety of
case types and are adaptable enough to fit the
needs and acceptability of any given community
Jurisdictions tailor their drug courts to meet the
specific needs of their communities Most drug
courts are pre-plea courts, but some drug courts
are post-plea, and others are used as a method of
alternative sentencing In a pre-plea program,
charges are deferred while defendants are actively
participating in the drug court program At
that point in the process, they have not pleaded
guilty to any charges This program is designed
principally for non-violent, first-time, low-risk
offenders
Post-plea drug courts are not as common
but are used mostly in the cases of more serious
offenders when thePROSECUTORwants to ensure
a guilty plea in order to avoid a trial The
chances of a more serious offender successfully
completing a program in a drug court might be
reduced, but the prosecution’s trial-preparation time is saved in the event of failure
As drug courts have consistently proven to
be effective at controlling both the drug use and the criminality of drug-using offenders, com-munities have successfully expanded drug court programs to include those who are on proba-tion for drug offenses, extending them to drug-using offenders who are charged with non-drug offenses Some jurisdictions are even beginning
to apply the drug court model to cases of driving under the influence of alcohol (DUI) In doing so, DUI courts, like the traditional drug courts, make DUI offenders accountable for their actions in ways that go beyond standard punitive measures such as fines and INCARCERA-TION, thus helping to bring about a behavioral change among some DUI offenders that ends DUI recidivism, halts the abuse of alcohol, and protects the public
Violent Crime Control and Law Enforcement Act of 1994 TheVIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF1994, 18 U.S.C.A §§ 1033, 1034, signed
by President WILLIAM JEFFERSON CLINTON on September 13, 1994, was a key factor behind the expansion of the drug court movement
This statute provided federal support for planning, implementing, and enhancing drug courts for nonviolent drug offenders The act was the product of six years of bipartisan efforts
As of 2009 it remained one of the largest crime bills in the history of the country and continued
to provide for a competitive grant program to support state and local drug courts that provide supervision and specialized services to offenders who have rehabilitation potential
The Bureau of Justice Assistance (BJA) administers the drug court grant program that was established under the 1994 act The BJA provides financial and technical assistance, training, program guidance, and leadership It offers grants to jurisdictions for planning, imple-menting, or enhancing existing drug courts In conjunction with the National Institute of Justice, BJA also evaluates drug court programs
to identify the most effective program features and organizational structures to combat drug abuse and crime State Courts, local courts, units of local government, and American Indian tribal governments may apply for funding Some
$29 million was available in 1995, and $971
DRUG COURTS 23
Trang 7million was authorized under this program to cover the four years from 1996 to 2000
The record of success, supported by large, federal support initiatives such as the 1994 act, led to a rapid proliferation of drug courts throughout the United States By the end of 2000 nearly 600 drug courts were in operation in all
50 states, the District of Columbia, Puerto Rico, Guam, and two federal districts By 2009 the number of drug courts had expanded to 2,140, with another 284 being planned or developed
Drug courts paved the way for another criminal justice innovation: therapeutic juris-prudence Accordingly, several jurisdictions are developing special dockets that are modeled after the drug court format Courts and judges have become more receptive to new approaches and thus have brought about a proliferation of problem-solving courts, including DUI courts, domestic-violence courts, mental-health courts, and re-entry courts
FURTHER READINGS Hennessy, James J., and Nathaniel J Pallone, eds 2001.
Drug Courts in Operation: Current Research New York:
Haworth Press.
Huddleson, C West III, Karen Freeman-Wilson, Douglas B.
Marlowe, and Aaron Russell 2005 Painting the Current Picture: A National Report Card on Drug Courts and Other Problem Solving Court Programs in the United States Washington, D.C.: Bureau of Justice Assistance.
National Drug Court Institute 2006 Drug Court Review Alexandria, Va.: National Drug Court Institute Nolan, James L., Jr 2001 Reinventing Justice: The American Drug Court Movement Princeton, N.J.: Princeton Univ Press.
Nolan, James L., Jr., ed 2002.Drug Courts in Theory and in Practice Hawthorne, N.Y.: Aldine De Gruyter U.S Government Accountability Office 2005 Adult Drug Courts: Evidence Indicates Recidivism Reductions and Mixed Results for Other Outcomes Washington, D.C.: Government Printing Office.
CROSS REFERENCES Drugs and Narcotics; Drug Enforcement Administration; Office of National Drug Control Policy.
DRUG ENFORCEMENT ADMINISTRATION The DRUG ENFORCEMENT ADMINISTRATION (DEA) was established in 1973 by presidentRICHARD M
NIXONas part of theDEPARTMENT OF JUSTICE, thus uniting a number of federal drug agencies that had often worked at cross-purposes Its mission
is to“enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system those organiza-tions and principal members of organizaorganiza-tions who are involved in the growing, manufacture,
or distribution of controlled substances in the United States.” In addition to its domestic oversight, the DEA has sole responsibility for
ILLUSTRATION BY GGS
CREATIVE RESOURCES.
REPRODUCED BY
PERMISSION OF GALE,
A PART OF CENGAGE
LEARNING.
DEA Domestic Arrests, 1990–2008
SOURCE: U.S Drug Enforcement Administration, “Stats & Facts,” available online at http://www.usdoj.gov/dea/
statistics.html (accessed on August 14, 2009).
0 5 10 15 20 25 30 35 40 45
22.7
1990
Year
25.2
1995
39.7
2000
30.2
2002
28.5
2003
27.0
2004
29.0
2005
30.0
2006
29.1
2007
26.4
2008
24 DRUG ENFORCEMENT ADMINISTRATION
Trang 8coordinating and pursuing U.S drug
investiga-tions abroad The DEA also works closely with
federal, state, local, and INTERNATIONAL LAW
enforcement agencies to address drugs and
drug-related crime
The Drug Enforcement Administration
concentrates on investigating and prosecuting
organizations and their members who are
involved in the cultivation, production,
SMUG-GLING, distribution, or diversion of controlled
substances in, or destined for, the United States
The agency seeks to disrupt these organizations
by arresting their members, confiscating their
drugs, and seizing their assets It creates,
manages, and supports enforcement-related
programs, both domestically and
international-ly, aimed at reducing the availability of and
demand for controlled substances This effort
requires the ongoing management of a national
narcotics intelligence system, the fruits of which
are shared with federal, state, and local law
enforcement authorities
Because the importation of controlled
substances is the main source of illegal drugs,
the DEA has increasingly put its energies into
international enforcement programs It
cur-rently has 87 foreign offices in 63 countries and
maintains contacts with the UNITED NATIONS,
INTERPOL(the international police organization,
which is headquartered in Paris and has
approximately 180 member countries), and
other international drug enforcement agencies
Training agents and other law enforcement
personnel on the intricacies of the drug trade
has led the DEA to create rigorous educational
courses It provides training to DEA agents and
support personnel, as well as to state and local
police, international law enforcement officials,
and other law enforcement employees In 1999
this effort took a significant step forward with
the opening of the DEA Justice Training Center
in Quantico, Virginia Apart from training, the
DEA also conducts an international visitor
program The agency briefs foreign officials
and U.S diplomats on drug trafficking
devel-opments and new enforcement initiatives
Collecting human and electronic intelligence
is a major part of DEA work Its organization
supports efforts to collect, analyze, and
dissem-inate drug-related intelligence The agency
maintains a number of airplanes that provide
sophisticated electronic, air-based assistance to
federal, state, and local law enforcement agencies
It also operates eight laboratories in the United States where seized drugs are analyzed and from which evidence for drug prosecutions by law enforcement comes
Since the 1990s the DEA has increasingly emphasized asset FORFEITURE Federal law pro-vides that profits from drug-related crimes, as well as property used to facilitate certain crimes, are subject to forfeiture to the government Asset forfeiture removes the profit from these illegal activities, and it can financially disable drug-trafficking organizations Assets that are acquired through forfeiture are sold, and the money is put into the Asset Forfeiture Fund, which is used to help crime victims and to fund law enforcement programs Property is seized by the DEA only when it is determined to be a tool for, or the proceeds of, illegal activities such as drug traf-ficking,ORGANIZED CRIME, orMONEY LAUNDERING The DEA seeks both to destroy illegal narcotics and to reduce the demand for drugs
For example, the DEA works to halt the spread
of marijuana cultivation to the United States through the Domestic Cannabis Eradication and Suppression Program (DCE/SP), which as
of the early 2000s was the only nationwide program that exclusively targets marijuana In
2007 the DEA provided resources to support the 114 state and local law enforcement agencies that participate in its marijuana eradication efforts In addition, the DEA monitors state legislation to combat marijuana legalization
The DEA also funds a Demand Reduction program in the hopes that education will lead to reduced drug use The DEA employs 31 demand reduction coordinators who work in communities throughout the United States
The DEA interdiction programs along the southern border of the United States are well known The El Paso Intelligence Center (EPIC) was created in 1974 to increase border security and to serve as a strategic drug and border enforcement facility It coordinates enforcement intelligence with state, local, and other federal law enforcement agencies EPIC also serves as the training center and real-time information outlet for Operation Pipeline, a national highway interdiction program The DEA fleet of 106 aircraft routinely patrol this border In February
2009 a major DEA sting operation, culminating after almost two years of preparation, resulted
in more than 750 arrests and the seizure of over
20 tons of narcotics, as well as boats, aircraft, firearms, and tens of millions of dollars in cash, DRUG ENFORCEMENT ADMINISTRATION 25
Trang 9from one of the most significant Mexican drug cartels operating in the United States
The DEA also participates in the High Intensity Drug Trafficking Areas (HIDTAs) program, which was authorized by the Anti-Drug Abuse Act of 1988 and is administered
by theOFFICE OF NATIONAL DRUG CONTROL POLICY Its mission is to reduce drug trafficking throughout the United States by coordinating federal, state, and local law enforcement efforts In 2004, 28 HIDTAs existed in the United States, a reduction from the 31 that existed in 1999
With the growing popularity of community-based policy in the 1990s, the DEA sought ways
to provide local law enforcement agencies with support for reducing violent crime related to drugs Out of this work came the Mobile Enforcement Team (METs) program in 1995, which uses DEA and state and local law enforcement personnel and resources to target high-crime areas Thanks to the program, by August 2000, 265 deployments were completed resulting in more than 11,000 arrests of violent drug criminals In areas where the DEA has deployed METs, assaults have been reduced by
15 percent, homicides by 16 percent, and robberies by 14 percent METs also contributed
to the overall national decrease in violent crime during the 1990s
By 2002 the DEA had identified heroin and methamphetamine as major threats to the United States Although heroin is imported
to the United States, methamphetamine is produced domestically in numerous meth labs throughout the country In addition, the DEA argued that international terrorists had used drug trafficking and the laundering of proceeds from this trafficking to fund their violent actions against the United States and other nations The DEA labeled these persons narco-terrorists, and it maintains ongoing programs to address narco-terrorism
Throughout 2008, then-presidential candi-date BARACK OBAMA pledged that he would end DEA raids on medical marijuana-dispensing sites, although following his election the DEA continued to crack down on such entities
Obama stated that he believed that the federal government should not interfere with the decisions of state governments, such as Cali-fornia, that have legalized the use of marijuana for medicinal use
FURTHER READINGS Drug Enforcement Agency Available online at www.dea.gov (accessed May 16, 2009).
Conery, Ben 2009 “DEA Bust Nets 751 Arrests.” Washington Times (Feb 25).
Dinan, Stephen, and Ben Conery 2009 “DEA Pot Raids Go On; Obama Opposes ” Washington Times (Feb 5) CROSS REFERENCE
Drugs and Narcotics.
DRUGGIST
A druggist is an individual who, as a regular course of business, mixes, compounds, dispenses, and sells medicines and similar health aids The term druggist may be used interchange-ably with pharmacist
Ordinarily, druggists must be registered under the Food, Drug, and Cosmetic Act (21 U.S.C.A § 301 et seq [1938]) Federal drug abuse laws make provisions for the special regis-tration of any individual who handles controlled substances
Regulation
As a public health measure, states have the power to regulate the preparation and dispens-ing of drugs They can proscribe the sale of certain substances without a prescription and specifically designate who is permitted to deal in prescription drugs Statutes govern the proce-dures that must be observed when drugs are handled, as well as the steps that must be taken for the inspection of drugstores and pharmacy records by agents of the state
States can properly mandate that pharma-cists be licensed, provided the necessary quali-fications are not unreasonable For example, although it would be reasonable for a state to require that pharmacists earn college degrees, it would be unreasonable to require them to be natural-born citizens of the United States State legislatures have the authority to prohibit any type of improper competition that would tend
to lower the service standards
Education and License
A druggist must ordinarily be a graduate of
an accredited pharmacy school and be of sound moral character In some instances, he or she might be required to pass a written qualifying examination An individual who conforms to all the requisite qualifications cannot be refused
a license arbitrarily
26 DRUGGIST
Trang 10An individual who is licensed in one state
does not have the authority to dispense drugs in
other states, except where one state consents to
recognize a license that has been issued in another
state A license might have to be periodically
renewed and can be revoked or suspended for
misconduct, such as the selling of an unlabeled
drug, the unauthorized substitution of a
chea-per for a more expensive drug, or the sale of
prescription drugs to an individual who does
not have a valid prescription
Any state board decision to grant, revoke, or
suspend a license is a proper subject for court
review A judge has the power to modify the
decision of the board in the event that it is either
arbitrary or unsupported by evidence Any
business or individual engaged in handling drugs
has a legal obligation to exercise proper care
A druggist does not have the duty to fill
every prescription that is presented, and he or
she is not permitted to fill a prescription that
appears to be a sham A druggist who refuses to
fill a prescription must return such prescription
to the customer The pharmacist is not
permit-ted to retain it, for example, merely because
money is owed by the customer Since the 1970s
some pharmacists have refused to fill
prescrip-tions for contraceptives, and emergency
contra-ceptives that prevent pregnancy after sexual
intercourse They have invoked religious and
moral objections for their refusal Some states
have enacted conscience clause laws, which
permit druggists to do so, whereas other states
have passed laws mandating that druggists fill
such prescriptions
Pharmacists are required to maintain
writ-ten records of the drugs they sell and must allow
the proper state officials to inspect such records
It is not ordinarily unlawful for a pharmacist to
fill a prescription on the direction of a doctor
who telephones it in, even if the doctor does not
subsequently send a written authorization The
pharmacist, however, is required to make a
written record at the time the prescription is
filled
Although a pharmacist is not required to
know everything possible about drugs, he or she
is required to be as skilled as most others in the
profession Additionally, a pharmacist owes
customers a high degree of care in the service
given to them, and they may properly make the
assumption that the drugs that they are sold are
suitable for the use that he or she recommends
Customers can rely upon any specific claims that the pharmacist makes for the drugs
Liability for Injuries
A druggist who has failed to comply with the legal responsibilities of the profession can be subject to a legal action by a consumer Liability
is extended to a licensed pharmacist for his or her ownNEGLIGENCEas well as the negligence of employees who work for him or her The pharmacist is not ordinarily held liable for injuries sustained due to medicines sold by him
or her in their original packages
Drugstores
A state can require that a drugstore be registered, and some mandate that the individ-ual who runs the store be a licensed pharmacist
Regardless of whether this is required, only a licensed pharmacist is permitted to dispense drugs In addition, depending on individual state statute, some types of drugs can be sold only by a pharmacist
Certain types of drugs have been designated patent medicines and household remedies, such
as hydrogen peroxide, zinc oxide, camphor olive oil, aspirin, isopropyl alcohol, and essence
of peppermint, and they may or may not be sold exclusively by pharmacists Foods ordinarily do not fall under the category of drugs to be sold only by pharmacists regardless of health claims that are made for them Vitamins are regarded
as medicines in some instances and as food in
Druggists must ordinarily be a graduate of an accredited pharmacy school Because they handle controlled substances, they must also be licensed and registered.
AP IMAGES
DRUGGIST 27