NCJ Number
80904
Journal
Baylor Law Review Volume: 33 Issue: 4 Dated: (Fall 1981) Pages: 765-791
Date Published
1981
Length
27 pages
Annotation
Texas 1981 legislation bearing upon the 'war on crime,' notably drug trafficking and organized crime, is critiqued from the perspectives of its constitutionality and law enforcement effectiveness.
Abstract
The 1981 crime legislation focused principally on the large dealers and organizers in drug trafficking, while leaving sanctions for street 'pushers' and users relatively unchanged. The legislation relates to wiretapping, drug paraphernalia control, increased regulation of drug prescription practices, requirements for license revocation of professionals involved in illicit drug activity, increased sanctions for drug sales to minors, and the 'traffickers' amendments. The comprehensive 'trafficking' law contains heavier penalties, including preparatory offenses, and sets up increased possibility of forfeiture or destruction of drug-related property, especially where large quantities of drugs are involved. The wiretap provisions, although comprehensive, are essentially what was expressly authorized by Congress 13 years ago. If the legislation assaulting drug paraphernalia can survive the inevitable constitutional challenge in the Supreme Court and its difficulties in proving the mens rea involved, it could be the most successful of the 1981 drug enactments. The triplicate prescription program, along with strengthening the professional license revocation, should be useful tools in the drug battle. The omnibus trafficking bill, although in many respects meritorious, is perhaps the most subject to criticism of all the 1981 drug legislation. Preparatory drug offenses have the same penalties as the substantive crime; however, its constitutionality is likely to stand. While the legislation shows commendable zeal in proscribing and sanctioning various forms of drug trafficking behavior, little effort was made to expand programs for the rehabilitation of drug users or the education of adolescents regarding the dangers of drug use. Until the major causes of the demand for drugs are attacked, any inroads made in countering drug supply are likely to be insignificant and temporary. A total of 204 footnotes are provided.