NCJ Number
139231
Journal
St. John's Law Review Volume: 66 Issue: 2 Dated: (Spring 1992) Pages: 487-504
Date Published
1992
Length
18 pages
Annotation
The Comprehensive Drug Abuse Prevention and Control Act of 1970 was passed to focus U.S. drug control efforts on illicit importation. Various sections make it unlawful to import into the U.S. controlled substances originating from any other country, target conspiracies to import drugs, and set forth stiff penalties for importing or conspiring to import drugs.
Abstract
Some court rulings have construed the statute to relate to the mens rea of the crime, holding that the statute permits prosecutions of individuals acting outside the U.S. only if they specifically intended to import contraband into this country. The United States Court of Appeals for the Second Circuit, in United States v. Londono-Villa, extended this specific intent requirement to seizure of contraband within U.S. borders, holding that the government must prove that the defendant intended the destination of the narcotics to be the U.S. This author suggests that the court majority incorrectly interpreted several sections of the Act by applying the mens rea element to the substantive offense of illegally importing narcotics into the U.S. On the other hand, the dissent correctly gave effect to the congressional intent of the statute. The author also maintains that both the majority and dissent opinions failed to distinguish between the mens rea requirements for the offense of conspiracy and for the offense of aiding and abetting. He concludes that the ruling obstructs the fundamental purpose of the Act, which is to deal with the drug problem in the U.S. by providing more effective means of law enforcement. 81 notes