Assignment: In The First Required Reading "Crimes Against Pe
Assignment: In the first required reading "Crimes Against Persons, Property, and Society - Fall 2019"
In the first required reading "Crimes Against Persons, Property, and Society - Fall 2019," the FBI identifies a broad category of offenses that "represent society's prohibition against engaging in certain types of activity and are typically victimless crimes." (FBI, 2019). If you look at the offense groups in the reading, you will see that it lists offenses such as prostitution, gambling, drug violations, animal cruelty, weapons law violations, and pornography. For your discussion: (1) pick ONE (1) of the above listed offense types, find an applicable criminal code for your state (or state of your choice) and discuss some of the penalties associated with that offense. You only need to pick one specific offense from your state - for drug violations, you don't need to discuss every potential drug violations - pick one particular statute and discuss its elements and penalities; (2) describe what you believe your biggest challenge as an investigator would be proving all of those elements of the offense; (3) identify AT LEAST ONE investigative tool or technique that you think would be critical to successfully investigating this type of incident and explain why it is important - is it undercover operations, informants, surveillance, witness interviews, computer evidence, etc. (4) express an opinion as to whether the creation of a specialized investigative unit would be the best response to this type of crime issue and support your position.
For example, of you pick burglary as your topic, you will need to explain what the general elements of that offense are and then identify an element that you think is the biggest challenge to prove (is it proving the entry was unlawful, that a theft actually occurred, that a felony was committed, etc), then identify an investigative technique or service that will be critical (is it polygraphs, ballistic evidence, interviewing, crime scene management, etc), and finally explain if you believe creation of a specialized investigative unit would be an appropriate response (for example, would creating a crime analysis unit to better track these crimes be a good idea, or would creating a unit that does only those types of investigations, or would creating a community policing unit that raises community awareness be a good response, etc).
Paper For Above instruction
The focus of this analysis is on drug violations, specifically the criminal offense of possession of controlled substances, as outlined in the criminal code for the state of California. Under California Health and Safety Code § 11350, possession of certain controlled substances such as heroin, cocaine, or methamphetamine is a criminal offense. The statute explicitly states that it is unlawful for any person to possess any controlled substance listed in schedules I or II without a valid prescription or medical authorization. The penalty for a first offense typically involves imprisonment ranging from 16 months to 3 years, depending on the quantity and circumstances, along with fines and possible probation. Repeat offenses or possession with intent to distribute carry even more severe penalties, including longer prison sentences and higher fines (California Health and Safety Code, § 11350).
Proving the offense of possession presents several challenges for investigators. The primary challenge lies in establishing unlawful possession, which requires proving that the individual knowingly possessed the substance and that the substance was indeed a controlled substance as specified under law. Unlike stolen property, drugs often lack distinctive physical evidence, and their concealment complicates the collection of concrete proof. Furthermore, defendants may argue that they had no knowledge of the drug in their possession, necessitating the investigator to establish mental awareness and possession.
One critical investigative tool in drug possession cases is targeted surveillance combined with informant testimony. Surveillance allows officers to observe the suspect's behavior and interactions, which can corroborate information received from informants regarding drug activity. Informants, especially those with credibility and prior knowledge, can provide invaluable intelligence about drug sources, distribution points, and suspects' involvement. Combining these methods enhances the evidence base, making it more persuasive in court. The use of surveillance tailors investigations, making them more focused, while informant cooperation can provide direct leads on the criminal operation.
Regarding the organizational response, establishing a specialized narcotics investigative unit can be highly beneficial. Such units focus exclusively on drug-related crimes, allowing investigators to develop expertise in drug trafficking patterns, clandestine methods, and intelligence analysis. Specialized units facilitate the integration of various investigative techniques—such as surveillance, undercover operations, informants, and electronic monitoring—effectively orchestrating complex operations to dismantle drug networks. Moreover, a dedicated narcotics team can build relationships with community groups and health agencies, facilitating community outreach and prevention efforts. According to Goldstein (2011), specialized units improve prosecution success rates and reduce drug activity in the community through comprehensive, focused investigations. Therefore, creating a dedicated narcotics unit would be the most effective response in combating drug possession and trafficking issues.
Overall, addressing drug violations through specialized investigation enhances law enforcement efficiency and effectiveness, allowing for targeted approaches to disrupting illegal drug markets while also emphasizing preventative measures and community engagement.
References
- California Health and Safety Code § 11350. (n.d.). Retrieved from https://leginfo.legislature.ca.gov/
- Goldstein, H. (2011). Analyzing Organized Crime. Office of Justice Programs.
- FBI. (2019). Crimes Against Persons, Property, and Society. Federal Bureau of Investigation.
- Brown, Thomas. (2019). Criminal Investigation. Virginia Wesleyan University. OERCommons.
- Reuter, P., & Colleen, S. (2014). Understanding the Drug War. Harvard University Press.
- Paoli, L. (2014). The Mafia and the drug economy: a detailed exploration. Global Crime, 15(3), 262–280.
- United States Department of Justice. (2020). The Role of Undercover Operations in Drug Investigations. DOJ Reports.
- Drug Enforcement Administration. (2022). Principles of Investigating Drug Crimes. DEA Publications.
- National Institute of Justice. (2018). Crime Scene Investigation Techniques. NIJ.
- Martin, S. E. (2015). Techniques for Investigating Narcotics Offenses. Police Practice and Research, 16(2), 102–115.