INTRODUCTION
Drug courts have become an integral part of the criminal justice system. They offer a specialized approach for participants not offered in criminal courts. They have filled a void in the criminal justice system that was left by the war on drugs. Due to this specialized approach, judges must assume a controversial role in the participants lives. A judge is held to the highest standard in a participant’s journey through the drug court system. Some argue that drug courts are not the proper way to handle drug offenders. If judges assume their role as a leader, communicator, community builder, and institution builder participants will gain a lifechanging experience in drug courts.
DRUG COURTS IN AMERICA
In the 1980s, crack
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Drug courts integrates intensive judicial supervision, mandatory drug testing, and escalating treatment that breaks the cycle of addiction and the crime that follows. 4 In a ten-year study done by The National Institute of Justice, it was found that drug courts lower re-arrests and lower costs. They tracked 6,500 offenders in Multnomah County Drug Court between 1991 and 2001. Re-arrests were found to be lower after five years of completing drug court compared to participants of similar charges in criminal court. 5
THERAPEUTIC JURISPRUDENCE
Therapeutic Jurisprudence is the study of law as a therapeutic agent. Rehabilitation of participants not only benefits the participant, but also the judicial system and society. For example, 30 percent of person on parole use drugs during that time. 6 Within three years of their release, 66.7 percent of drug offenders will be re-arrested. 7 These studies show that traditional punishments, incarceration, and deterrence model are not effective.
DRUG COURT OPERATIONS
Participants are eligible for drug court if they are charged with a drug offence,
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Drug courts provide closer supervision than probation, the other notable community based treatment. 17 Drug courts are six times more likely than probation to graduate participants from treatment. In a study of 2,000 graduates nationally it was found that drug courts have lower rates of re-arrest than probation. The re-arrest rate after graduation from of drug courts was sixteen percent after one year and twenty-seven percent after the second year. 18 The re-arrest rates after completing probation are forty-six percent after one year and sixty percent after two years. 19 Studies show that for every graduating participant the criminal justice system saves from 4,000-1,2000 US dollars. These savings can be broken down into reduced prison time, arrests, trials, and victimization.
Drugs have been known to be detrimental to American society. Commonly known as “ The war on drugs”. Majority of individuals who are incarcerated have been convicted of some type of drug offense and if not a drug related crimes. In many instances, a person can be sent to a jail or prison without receiving the required treatment to help the individual overcome their drug of choice. Remarkably, there is a court solely focused on an individual with a drug problem, which is known as Drug courts.
Drug courts, and other recovery programs hold promise for retaining offenders involved with drugs in treatment services (SAMHSA, 2014, p.131-132). The first drug court formed in 1989 in Southern Florida. The change in the criminal justice system came when, tired of seeing the same offenders appear before the court under the same or similar charges. The group of professionals in Miami-Dade County combined drug treatment programs with criminal justice structure and authority of the judicial system (Franco, C. 2010). Since then, over 2,000 drug court programs have been adopted in communities across the country, though each court houses its own eligibility requirements, making it somewhat difficult to account for the success of drug courts as a
The purpose of this study was to show that an effective drug treatment program in the criminal justice system is a necessity and to show that treatment will reduce recidivism thus reducing crime in society as a whole.
The sixth key component requires that sanctions and rewards be coordinated into the programs to govern responses to participant’s compliance and non-compliance (NADCP, 1997). Some rewards could be praise from the judge, reduced supervision, reduced fines and etc. while some sanctions could be fines, community service, or even jail confinement. The seventh key component focuses on the importance of judicial interaction throughout the program, which can sometimes occur on a weekly basis. Key component number eight explains how imperative monitoring and evaluation is to measure the achievement of program goals and measure effectiveness. It is imperative for drug courts to display some sort of positive outcome by “gathering and managing information due to them monitoring daily activities, evaluating the quality of services provided, and producing longitudinal evaluations” (Mackin et al., 2012). The ninth and tenth components promote the importance of interdisciplinary education and forging partnerships with other agencies and community-based organizations. Education and training are important to maintain a specific level of professionalism and expanding collaborations would be helpful to provide a continuum of services for drug court participants.
Since the declaration of “the war on drugs”, society’s perspective relating to punishment of drug-involved offenders has been much too vindictive. Now, an offender is not allowed to be sent to treatment by a judge, he must go to jail. This is due to mandatory sentencing. Upcoming diversion programs are an excellent alternative to “hard time” for qualifying drug offenders. These programs are becoming very popular and evidence shows that they are greatly beneficial, not only to the accused, but to society as a whole. Diversion programs benefit many regarding the increase in community involvement and safer city streets, rehabilitation of offenders, and financial means. The criminal justice system is currently at a stand still in regards to convicted
Drug Courts came about as a result of a backlogged court system and a steady, rapidly increasing prison population. Drug courts are a form of diversion that helps the offender through rehabilitation and the community through an increased sense of protection, which serves the best interest of everyone. Drug Courts are community based intermediate sanctions that incorporate treatment principles into the Criminal Justice System and divert drug offenders from traditional punishments of probation and prison. The objective of drug courts programs is to treat the underlying problems of addiction among drug offenders and eliminate participants’ future drug use and crime.
The primary interest within the independent variable is to determine whether participation in drug courts decreases the probability of recidivism. To evaluate this concern, the current study will analyze whether receiving treatment in a drug court versus the comparison group of probationers will affect various outcomes. Finally, gender, race, age, and education will also be included in the analysis as control variables.
Several offenders have benefited from the programs that are designed to address their issues within the drug court. These programs have changed defendants and justice professionals lives by creating new relationships with one another so they could understand what the defendants have been going through prior to being arrested and put into the criminal justice system. I will discuss why this program was implemented, the year and state the first Drug court was implemented.
Drug courts are specialised programs aimed at criminal offenders who suffer from drug and alcohol addiction (US Department of Justice, 2015, p.1). Drug courts improve offenders’ quality of life by decreasing substance dependency and improve mental wellbeing. Jane Lee, for the Age, explains people facing jail for drug and alcohol charges may be placed on a two-year treatment order, instead of serving jail time. The purpose of a drug court is to secure and maintain drug users in treatment, reduce non-violent incarceration rates and recidivism among prior offenders (Belenko, 1998, p.6).
Putting in charge of developing a drug court it is dream come true because I have always eager to help people overcome any obstacles they deal with in the life. Being a drug addict is something very serious and that cause you to lose your dignity, money and loves ones because once you addicted to the drugs you will go the extreme miles to get that drug and it will become a necessity instead of a need for you. Since I have been putting in charge of developing a new drug court that can help someone, I must first discuss how I will develop that court and criteria but first before discussing the who is eligible, who is not eligible, and the elements of how the drug court will consist of but first I have to explain what is a drug court and provide
The National Institute of Justice funds a unique Multi-Site Adult Drug Court Evaluation (Rossman et al., 2011). This evaluation occurs over a five-year period and analyzes the process, impact, and cost evaluation of drug courts from 29 various jurisdictions throughout the United States. Twenty-three drug courts in eight states, Georgia, Florida, and Illinois, New York, Pennsylvania, North and South Carolina, and Washington, are examined throughout the process. This evaluation only chooses certain drug courts, therefore how resources are being implemented, cost savings, and outcomes are only being examined at those drug courts, but what about the other drug court
In most cases, one of the main objectives of courts and the sentences they impose is that of rehabilitation. This is evidenced through a growing move in favour of a more holistic approach to justice, trying to address the issues which may have led to the crime, rather than just punishing the end result. One of the prime examples of this therapeutic approach to justice is the introduction of the Drug Court. Governed by the Drug Court Act 1998, the Drug court has both Local court and District court jurisdiction, and seeks to target the causes of drug-related criminal behaviour. It achieves this by ensuring that those who go through it receive treatment for their addictions, thereby reducing their propensity to reoffend, as many crimes are motivated by the need to satisfy addictions.
Drug Court is an example of drugs/alcohol intervention programs which monitors the movement of non-violent drug addicts in a well refined structured treatment programs to help them recover. I heard about drug court for the first time when we watched the movie in class. I think drug court gives drugs/alcohol offenders chances to redeem themselves by sending them to rehab and other services that will help make them better people within the period. Three reasons why I think drug courts are effective in a community.
Drug abuse is shown to be connected to all different kinds of crime in the United States, and in many circumstances, crime is inspired by drug abuse and addiction. In fact, 80% of criminal offenders abuse drugs or alcohol (National Association of Drug Court Professionals). Also, 60% of those who are arrested test positive for illicit drugs when they are arrested, and 60-80% commit another crime, typically drug-related, after leaving prison (National Association of Drug Court Professionals). And, even after these individuals put in the time in prison that would allow them to go through the uncomfortable process of detoxing, 95% of them will chose to go back to drug abuse after prison (National Association of Drug Court Professionals). Given these overwhelming statistics, it is clear that drug abuse, and repeated or continued drug abuse, are a serious problem facing the criminal justice system.
Currently, drug courts have been proven to be successful at reducing recidivism of offenders. In the United States there are about 120,000 people receiving help in order to rehabilitate them and to try to reduce the chances of recidivism (Office of National Drug Control Policy, 2011). These programs require individuals to participate in the programs for a minimum of one year. During this year the individuals are required to appear in court and be drug tested at