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7 Cards in this Set
- Front
- Back
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IDENTIFY THAT AN ATTEMPT TO VIOLATE PROVISIONS OF THE CSA AND A CONSPIRACY TO VIOLATE PROVISIONS OF THE CSA ARE SEPARATE VIOLATIONS FO THE CSA |
Attempting to violate and conspiring to violate provisions of the CSA are separate violations but shall be subject to the same penalties
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IDENTIFY THAT THE CSA'S REACH OVER CRIMINAL ACTIVITY EVOLVES TO ADDRESS NEW KINDS OF CRIMINAL BEHAVIOR ASSOCIATED WITH DRUG TRAFFICKING SUCH AS ACTS OF INTERNATIONAL TERRORISM |
whoever engages in conduct punishable under 841(a) to attempt or conspire to do so knowing or intending to provide anything of pecuniary value to any person or organization that has engaged or engages in terrorist activity, shall be sentenced to a term of not less than twice the minimum punishment under 841(b). |
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DESCRIBE HOW ACTUAL POSSESSION OF A CONTROLLED SUBSTANCE DIFFERS FROM CONSTRUCTIVE POSSESSION OF A CONTROLLED SUBSTANCE |
actual possession- In hand, on person, and within reach constructive possession (dominion & control)- an area under control of a person or possession by a person w/o the person having actual possession; ex- in trunk, in detached garage, storage unit, warehouse (got to find D&C) |
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DESCRIBE WHAT IS MEANT BY THE PHRASE "CONSCIOUS AVOIDANCE OF KNOWLEDGE" (ALSO KNOWN AS THE OSTRICH DEFENSE"
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"Conscious avoidance of knowledge"; to take steps to hide the fact that they knew of criminal activity; to claim ignorance |
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IDENTIFY 3 TYPES OF TRANSFER OF POSSESSION OF A CONTROLLED SUBSTANCE THAT ARE INCLUDED WITHIN THE DEFINITION OF THE OF THE TERM "DELIVER" OR "DELIVERY" |
3 Types of Transfer of Possession: 1. actual transfer 2. constructive transfer 3. attempted transfer |
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IDENTIFY WHAT DISTINGUISHES THE TERM "DISTRIBUTE" FROM THE TERM "DISPENSE", "ADMINISTER" OR "PRESCRIBE" |
distribute is means to delivered a controlled otherwise |
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IDENTIFY THAT THE TERM "MANUFACTURE" MEANS "PRODUCTION", "PROPAGATION" AND "PREPARATION" AND THAT THE TERM "PRODUCTION" INCLUDES SUCH PROCESSES AS PLANTING, CULTIVATION, GROWING OR HARVESTING |
Manufacture means the production, preparation and propagation Production - includes such processes as planting, cultivating, growing, or harvesting of a controlled substance |
