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Merits of drug courts
Merits of drug courts
Impact of drugs on the criminal justice system
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Drug courts were first established in Miami in 1989 and have continued to grow today. Over the past twenty-four years, drug courts have provided a treatment-orientated approach to help defendants with drug-related crimes. The constant interaction of the drug court provides the needed structure for participants to maintain their involvement in the program. Understanding the overall goals of the drug court and the outcomes of participants in the drug court program are the key factors in measuring the success of the drug courts.
To begin, drug courts were established in Miami in 1989 during the “war on crime” era. According to Cooper (2003), “the immediate goals of the drug court were to reduce the recidivism rate of these defendants while they were awaiting disposition of their cases, reduce the failure to appear at trial rate, and provide at least some level of treatment services” (p. 1672). During the “war on crime” era, criminal rates were escalating and courts were overflowing with case loads and the drug court was implemented in order to find another way to help solve the drug problems with select offenders. Additionally, “the primary purpose of the Miami drug court was, therefore, not therapeutic, although it clearly had therapeutic elements, but, rather to promote public safety and more effective judicial supervision of defendants while awaiting trial” (Cooper, 2003, p. 1672). Providing a safe sanction for offenders as well as the community was an efficient solution to control the caseloads of drug offenders and ensure the safety of the community.
After the development of the drug court in Miami, rising drug crimes were able to be more controlled as well as getting the drug offenders supervision and help through the co...
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...re Perspectives#. Substance Use &
Misuse, 38(11-13), 1671-1711.
DeMatteo, D., Filone, S., & LaDuke, C. (2011). Methodological, Ethical, and Legal
Considerations in Drug Court Research. Behavioral Sciences & The Law, 29(6), 806-820
Roll, J., Prendergast, M., Richardson, K., Burdon, W., & Ramirez, A. (2005). Identifying
Predictors of Treatment Outcome in a Drug Court Program. American Journal Of Drug & Alcohol Abuse, 31(4), 641-656.
Patra, J., Gliksman, L., Fischer, B., Newton-Taylor, B., Belenko, S., Ferrari, M.,& Rehm, J.
(2010). Factors associated with treatment compliance and its effects on retention among participants in a court mandated treatment program. Contemporary Drug Problems, 37(2), 289-319.
Stinchcomb, J. B. (2010). Drug courts: Conceptual foundation, empirical findings, and policy implications. Drugs: Education, Prevention & Policy, 17(2), 148-167.
After viewing the documentary: America's War on Drugs - The Prison Industrial Complex, it is clear that the Criminal Justice System is in desperate need of reconstruction and repair with policies such as the mandatory minimum sentencing act which has proven to be unsuccessful and unjust in its efforts to deter 'criminals from committing illegal acts' as seen with the increase of incarcerations of the American people and the devastating effect it has had on those in prison and the family members of those incarcerated.
Drug court is between one to two years in duration, depending on which county the program is located in and how willing the participant is to implement the program into their daily lives. The philosophy is, “keep individuals in treatment long enough for it to work, while supervising them closely” (nadcp.org). Participants are held accountable for every action they have, whether positive or negative. Meaning, they are “rewarded for doing well or sanctioned when they do not live up to their obligations” (nadcp.org). Sanctions can range anywhere from community service, earlier curfew restrictions, a treatment facility, and even up to a weekend or months in jail, depending on the severity of the
As offenders are diverted to community residential treatment centers, work release programs and study release centers, the system sees a decrease or stabilization of the jail population. While the alleviation of overcrowding is a benefit it is not the only purpose of diversion. A large majority of crimes are committed while under the influence of drugs or alcohol. Studies have shown that more than half of all individuals arrested in the United States will test positive for illegal substances (NCVC, 2008). Efforts to reduce crime through incarceration usually fail because incarceration does not address the main problem, the offender’s substance abuse.
Starting in 1970s, there has been an upward adjustment to sentencing making punishment more punitive and sentencing guidelines more strict. Martinson's (1974) meta-analyzies reviewed over 200 studies and concluded that nothing works in terms of rehabilitating prisoners. Rehabilitating efforts were discontinued. The War on Drugs campaign in 1970s incarcerated thousands of non-violent drug offenders into the system. In 1865, 34.3% of prison population were imprisoned for drug violation. By 1995, the percentage grew to 59.9% (figure 4.1, 104). Legislation policies like the Third Strikes laws of 1994 have further the severity of sentencing. The shift from rehabilitation to human warehouse marks the end of an era of trying to reform individuals and the beginnings of locking inmates without preparation of their release. Along with the reform in the 1970s, prosecutors are given more discretion at the expense of judges. Prosecutors are often pressure to be tough on crime by the socie...
What is Drug Court? According to Siegel (2013), drug courts are courts designed for non-violent offenders with substance abuse problems who require integrated sanctions and services such as mandatory drug testing, substance abuse treatment, supervised release, and parole. These courts are designed to help reduce housing nonviolent offenders with violent inmates. Drug courts work on a non-adversarial, coact approach.
In the New York Times article, “Safety and Justice Complement Each Other,” by Glenn E. Martin, the author informs, “The Vera Institute for Justice found a 36 percent recidivism rate for individuals who had completed alternative drug programs in New York City, compared with 54 sentenced to prison, jail, probation or time served.” Alternative programs are more likely to inhibit future criminal acts, while incarceration seems to lack long-lasting effects on individuals. In continuance, the author adds that 3 percent of treatment participants were rearrested for violent crimes, while 6 percent of untreated criminals were rearrested for violent crimes. Diversion programs are able to treat one’s motivation for their criminal acts, rather than assuming that illegal habits will go away with time. Instead of sending nonviolent offenders to jail, legislators should consider introducing practical
Sacks, J. Y., McKendrick, K., & Hamilton, Z. (2012). A randomized clinical trial of a therapeutic community treatment for female inmates: Outcomes at 6 and 12 months after prison release. Journal Of Addictive Diseases, 31(3), 258-269. doi:10.1080/10550887.2012.694601
For county jails, the problem of cost and recidivism is exacerbated by budgetary constraints and various state mandates. Due to the inability of incarceration to satisfy long-term criminal justice objectives and the very high expenditures associated with the sanction, policy makers at various levels of government have sought to identify appropriate alternatives (Luna-Firebaugh, 2003, p.51-66). I. Alternatives to incarceration give courts more options. For example, it’s ridiculous that the majority of the growth in our prison populations in this country is due to people being slamming in jail just because they were caught using drugs. So much of the crime on the streets of our country is drug-related.
can become a major source of income, not only for the inmate, but also for
The Judiciary Branch of the United States government is responsible for interpreting the law. Those involved with this branch determine the meaning of the laws and decide what to do with those who break them. Because of a drug movement that took place through the 1980s, the courts have severely punished those who break laws associated to drugs; Congress is now trying to step in to change the way the Judiciary Branch is forced to punish such criminals. Congress has been busy the past couple of years evaluating the proper sentencing of those convicted of drug crimes. Many men and women of Congress are joining forces in an attempt to come up with a solution to propose as an amendment. Our elected leaders believe the need for the reform of drug crimes is due because of the number of cases and number of years those convicted are spending in prisons. Because of the drug wars that took place in the United States, the minimum sentence has been set so high today. Drug reform is needed in the United States, and those convicted of drug crimes with improper sentences need to have their sentence reduced. 1
There are many contributing factors and political issues that address substance abuse. Throughout the years, many researchers have designed many interventions and social policies designed to treat people who have used, abused, and became addicted to substances. Today, there are many new studies that address substance abuse at the individual, group, family, and community or policy levels. Today, there are many services that are effective for decreasing recidivism in youth who have completed a substance abuse program. A substance abuse treatment program or center is the best way to treat individuals who have abused substances.
Substance Abuse and Mental Health Services Administration (Office of Applied Studies). Treatment Episode Data Set(TEDS): Highlights-2003. National Admissions to Substance Abuse Treatment Services, Rockville, MD: Department of Health and Human Services, 2003.
Drug violators are a major cause of extreme overcrowding in US prisons. In 1992, 59,000 inmates were added to make a record setting 833,600 inmates nationwide (Rosenthal 1996). A high percentage of these prisoners were serving time because of drug related incid...
Silverman, K., Roll, J., & Higgins, S. (2008). Introduction to the Special Issue on the Behavior Analysis and Treatment of Drug Addiction. Journal of Applied behavior Analysis, 41(4), 471-480. Retrieved June 12, 2011, from the proquest.com.navigator-ship.passhe.edu database.
And they rely on the discrimination and skill of a judge.The numerous studies indicate these courts significantly reduce crime and drug use. About half the participants in adult drug court finish the program, although the number varies widely from court to court, often depending on the skill of the judge. Federal judges are now beginning to create programs modeled on the state drug courts that allow for similar alternatives to incarceration for low level drug crimes, according to Dave