NCJ Number
30708
Date Published
1973
Length
75 pages
Annotation
PROPOSAL FOR THE DEVELOPMENT OF A FEDERAL CIVIL STATUTE THAT WOULD COMPLEMENT EXISTING HEROIN TRAFFICKING LAWS BY REACHING UPPER ECHELON CRIMINALS WHO HAVE EFFECTIVELY INSULATED THEMSELVES FROM CONVENTIONAL LAW ENFORCEMENT.
Abstract
THE CENTRAL PROVISION OF THE PROPOSED STATUTE WOULD MAKE ILLEGAL ANY CONSPIRACY TO SELL AND DELIVER HEROIN AND OTHER OPIUM-BASED DRUGS BY VERBATIM ADOPTION OF SECTION FOUR OF THE SHERMAN ANTI-TRUST ACT. THE RATIONALE BEHIND THIS LEGISLATION IS THAT RESTRAINTS PLACING PERSONAL FORTUNES AT HAZARD OF FORFEITURE, IMPOSING GEOGRAPHICAL EXCLUSIONS FROM AREAS, AND MONITORING ATTENDANCES OF RECALCITRANTS WILL EVENTUALLY BECOME SO INTENSE AS TO DESTROY THE EFFECTIVENESS OF CRIME SYNDICATE LEADERS TO THEIR ORGANIZATIONS. IN ADDITION TO THIS PROPOSAL FOR A CIVIL STATUTE TO AID IN THE SUPPRESSION OF HEROIN TRAFFIC, THIS DOCUMENT CONTAINS TWO COMPANION PIECES OF LEGISLATION - A PROPOSAL FOR AN EMERGENCY CIVIL DRUG CONTROL ACT AND A MEMORANDUM OF AUTHORITIES AND EXPLANATION IN SUPPORT OF THIS PROPOSED ACT. THIS LEGISLATION IS NECESSARY BECAUSE THE PROPOSED CIVIL STATUTE IS INTENDED TO BE OPERATIVE ONLY DURING PRESIDENTIALLY DECLARED EMERGENCIES AND WITH SEVERAL SAFEGUARDS TO ASSURE ITS OPERATION WILL BE SUSPENDED WHEN THE INTERPLAY OF HEROIN ADDICTION WITH STREET CRIME IS SUFFICIENTLY SUPPRESSED THAT THE EMERGENCY FAIRLY CAN BE SAID AT END. (AUTHOR ABSTRACT MODIFIED)