Alcohol and Drug Offenses: Laws, Consequences, and Prevention - Prof. Gerald L. Melton, Study notes of Criminal Law

Download Alcohol and Drug Offenses: Laws, Consequences, and Prevention - Prof. Gerald L. Melton and more Study notes Criminal Law in PDF only on Docsity! Crim. Law 3250 Fall 2012 Melton OUTLINE LESSON TEN ALCOHOL AND DRUG OFFENSES Lesson Orientation: Chapter 10 in the text Overview: Although the misuse of drugs and alcohol are among the oldest vices in society, offenses involving the use of alcohol were seldom addressed in the common law and drug offenses did not exist at that time. Alcohol and drug offenses are based upon statutory enactments reflecting views regarding the adverse societal consequences of alcohol and drug abuse. Particularly in the area of drug crimes, the abuse not only involves moral questions but often creates dramatic economic, social, and health problems. Illegal trafficking in drugs leads to violent crimes and to instances of official corruption. People under the influence of drugs are more likely to commit violent crime. However, because enforcement of drug laws is costly and difficult, some believe that prohibition should give way to an approach that emphasizes education, prevention and rehabilitation. This is yet another example of the balancing act that the criminal laws engage in and of how the changing morals of society are reflected in such law. Learning Objectives:  Offenses involving use of alcoholic beverages and the tools available to police to enforce DWI, DUI, and DUBAL laws  Federal and state classifications of controlled substances  Enforcement of laws proscribing the manufacture, sale, distribution, use, and possession of such contraband and obstacles encountered in enforcing such laws  The rationale for establishment of drug courts, their operational methods, and an evaluation of their techniques  Defenses asserted by defendants charged with violation of drug and alcohol offenses Lesson Outline: Early Regulation of Alcohol and the Prohibition Experiment Code of Hammurabi: The common law approach: In 1619, the Colony of Virginia passed the first law in America against drunkenness. In 1697 New York passed the first law requiring that drinking establishments be closed on Sundays. The first experiment in prohibition occurred in Georgia in 1735. This law prohibiting the sale of alcohol was repealed seven years later. By the mid 1800’s thirteen states has passed Page 1 of 5 laws prohibiting the sale of alcohol. These laws were fueled by the temperance movement which condemned the use of alcohol altogether. The movement is attributed to the rise of evangelical Protestantism in the early 19th Century. The movement was slowed by the Civil War, but regained public support in the early 20th Century when women became politically active and gained the right to vote. The 18th Amendment to the U.S. Constitution was proposed by Congress and later ratified by the states in 1919. This amendment, widely referred to as “prohibition,” made unlawful the manufacture, transportation, or sale of intoxicating liquors in the United States. Prohibition actually began with passage of the National Prohibition Act of 1920. Prohibition was repealed by the passage of the 21st Amendment to the U.S. Constitution in 1933. In the intervening years, rates of murder and violent crimes rose dramatically as organized crime syndicates made lucrative business of trafficking intoxicating liquors and the associated vices of gambling and prostitution. Alcohol laws and minors All states prohibit minors from purchasing, possessing and consuming alcoholic beverages. While states may set their own drinking ages, Congress has exerted considerable pressure on the states to raise that age to 21 because under federal law, the Secretary of Transportation is required to withhold federal highway funds from states that have a lower drinking age. As a result, Tennessee and most other states have established 21 as the legal drinking age. In general, it is a misdemeanor for under aged persons to purchase, possess or to consume alcohol. Some statutes use the term “underage adult” to refer to persons who are at least 18 years old but under 21 year old in describing persons who may lawfully use alcohol. Adults are also prohibiting from selling alcohol to or purchasing alcohol for minors. Many of the offenses pertaining to such offenses make them strict liability offenses, making it unnecessary for the prosecution to prove knowledge of age as an element of the offense. DISCUSSION OF TENNESSEE LAWS PERTAING TO ALCOHOL AND MINORS Intoxicating Liquor Crimes The state has broad authority under its police power to control, restrict, or to even totally prohibit the use, possession, or other acts regarding intoxicating liquors. Accordingly, states have criminalized many acts involving intoxicating liquors while at the same time enacting exemptions to the general prohibitions. The common intoxicating liquor offenses: A. Unlawful sale of alcoholic beverages: generally prohibits the sale of such unless the person or establishment is licensed in accordance with state law. This is generally a strict liability offense. B. Unlawful receipt, possession or transport of alcoholic beverages: the violation of such statutes generally involve the volume or quantity of the beverages in question. For example, possession over 5 gallons prohibited. An exception to such statutes would be those persons having a license. Page 2 of 5