Discussion: The First Required Reading Crimes Against Per

Discussion: In The First Required Reading Crimes Against Persons Pro

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 penalties; (2) describe what you believe your biggest challenge as an investigator would be in investigating these types of offenses; and (3) what do you think of the FBI's classification of these types of offenses into this grouping?

Paper For Above instruction

For this discussion, I have selected drug violations, specifically focusing on the possession of controlled substances, which is one of the offenses listed under drug violations by the FBI. In the state of California, the relevant criminal code is California Health and Safety Code § 11350, which pertains to the possession of certain controlled substances such as heroin, cocaine, and LSD. Under this statute, the possession of a controlled substance without a valid prescription is classified as a felony, and penalties can include imprisonment, probation, and fines. The statutory elements include possessing a controlled substance with knowledge of its presence and that the substance is a controlled drug as defined by law.

The penalties for violating California Health and Safety Code § 11350 include imprisonment in state prison for a term of 16 months, two years, or three years, depending on the specific circumstances of the violation. Additionally, offenders may face fines up to $20,000. If the defendant has prior convictions, enhanced penalties may apply, such as longer imprisonment terms. The law emphasizes the deterrent effect of severe penalties due to the public health and safety concerns associated with drug abuse.

As an investigator, one of the biggest challenges I foresee when investigating drug possession offenses is establishing that the defendant knowingly possessed the controlled substance. Many cases involve first-time offenders who may be unaware they possess drugs or are unaware of the substance’s nature. Furthermore, physical evidence, such as small quantities of drugs, can be easily concealed or destroyed, making it difficult to prove possession beyond a reasonable doubt.

To address these investigative challenges, forensic analysis plays a crucial role. Toxicology and drug identification laboratories are essential for confirming the presence and type of controlled substance. Interviewing witnesses, such as informants or acquaintances of the suspect, can provide vital contextual information. Surveillance and controlled buys—undercover operations—are also critical techniques that can help substantiate possession charges and establish intent or knowledge.

Regarding the FBI's classification of these offenses as victimless crimes, I believe this grouping is somewhat simplistic. While possession of drugs may not involve an immediate contact with a victim, the broader societal impacts—such as drug addiction, overdose deaths, and associated criminal activity—indicate that these offenses have significant victims. Therefore, classifying drug possession as victimless overlooks the profound consequences faced by individuals, families, and communities affected by drug abuse. Nonetheless, I acknowledge the value of categorizing certain illegal activities as social or regulatory offenses to distinguish them from violent crimes against persons or property.

References

  • California Health and Safety Code § 11350. (n.d.). Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11350&lawCode=HSC
  • Federal Bureau of Investigation. (2019). Crimes Against Persons, Property, and Society. In FBI Crime Classification Manual. FBI.gov.
  • Chesney-Lind, M., & Shelden, R. G. (2013). Juvenile Justice: An Introduction. SAGE Publications.
  • United States Department of Justice. (2020). Drug Enforcement and Related Crime. DEA.gov.
  • Feeney, A. (2018). Investigative Procedures for Narcotics. PoliceOne.
  • Ritter, L., & Jacobson, A. (2017). Drug Law and Legalization. Routledge.
  • McCaffrey, S. A. (2020). Forensic Evidence: Advances in the Analysis of Drugs. Journal of Forensic Sciences, 65(4), 1257-1264.
  • Office of National Drug Control Policy. (2021). Monitoring the Future: Substance Use Trends. ONDCP.gov.
  • Shannon, K., et al. (2019). The Impact of Drug Policies on Public Health: Evidence from California. American Journal of Public Health, 109(4), 573-576.
  • Mitchell, E., & Freeman, K. (2021). Crime Scene Investigation and Evidence Collection. CRC Press.

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