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- Title
THE STATUTORY PRESUMPTION IN FEDERAL NARCOTICS PROSECUTIONS.
- Authors
Sandler, Gilbert
- Abstract
This article discusses the statutory presumption in U.S. federal narcotics prosecutions. Federal narcotics regulation consists of several statutes designed to restrict the international flow of narcotics as well as their domestic production and distribution. The Narcotic Drugs Import & Export Act generally forbids any unauthorized dealings in imported opium and coca leaves. The Harrison Anti-Narcotic Act heavily taxes all coca and opium products regardless of their source with strict regulations imposed upon the handling of all narcotics. This legislation was designed to decrease addiction by limiting the amount of available narcotics to that which was necessary for scientific and medicinal purposes. These two acts form the nucleus of the federal program. Many, if not most, narcotics prosecutions are undertaken by virtue of the authority of the Jones-Miller Act, whose key enforcement provision, as well as the subject of this article, is the following statutory presumption: "Whenever on trial for a violation of this section the defendant is shown to have or to have had possession of the narcotic drug, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury.
- Subjects
UNITED States; NARCOTIC laws; CRIMINAL procedure; TRIALS (Narcotic laws); CRIMINAL justice system; LEGAL procedure; PROSECUTION
- Publication
Journal of Criminal Law, Criminology & Police Science, 1966, Vol 57, Issue 1, p7
- ISSN
0022-0205
- Publication type
Article
- DOI
10.2307/1140948