Drug Court vs. Incarceration

Drug courts are problem solving courts that take a public health approach using a specialized model in which the judiciary, prosecution, defense bar, probation, law enforcement, mental health, social service, and treatment communities work together to help addicted offenders into long-term recovery. Drug courts began in 1989 in Florida, because it was assumed that people that had first time offenses with drugs, or low-level drug users could resist future drug use by this intervention than sending them to get locked up without any treatment. It was also assumed that the quicker treatments began after the initial arrest, the less time

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.

Not only do the eligibility requirements of drug courts vary across the board, but the way the programs operate and their outcomes vary considerably, especially when it comes down to how they choose to operationalize the ten key components (Carey & Waller, 2011; Mackin et. al, 2009). In 1997, the National Association of Drug Court Professionals published these key components. The first key component is that drug courts integrate alcohol and other drug treatment services with justice system case processing (NADCP, 1997). Being that the mission of drug courts is to combat the abuse of drugs and alcohol it is imperative for them to promote recovery through coordinated responses. The second key component states that drug courts should use a

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 Maryland drug court system has failed plenty of people since it was first introduced 1993, because of the goals and requirements are unrealistic and the offenders with an actual serious drug problem in the program are not getting the proper treatments they need to successfully stay clean once they graduate. In this essay elaborate on the practices that should be changed and if rehabilitation, detoxification and opioid treatments need to be available were to be implemented it would improve the program and keep people like my loved one on the right track and not headed to prison.

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.

Drug court is an alternative sentencing program to rehabilitate defendants who were arrested for selling, using and abusing drugs. Drug court is not set up like the traditional court system within the criminal justice system, it’s a court system that addresses several issues defendants are going through prior to being in the criminal justice system and it also help reduce court dockets within the system.

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).

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.

In 1989, the first drug court came into existence in Miami-Dade County, Florida. They emerged in response to demands for change in the criminal justice system because of the War on Drug. (Listwan, Sundt, Holsinger, & Latessa, 2003) By 2007, drug courts were established in all 50 states. Statistics show that the prison population of women increased because of the War on drug policies. (Shaffer, Hartman, & Listwan, 2009) The drug court model became an alternative to sanctions given to drug offenders. Drug courts address addiction by merging treatment services, judicial monitoring, and probation supervision. (King & Pasquarella, 2009; NADCP, 2005; Shaffer, Hartman, & Listwan, 2009)

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

I attended Drug Court held at the Dunklin County Justice Center in Kennett, Missouri. Court was scheduled for 9:00 a.m. on June 14, 2017. I contacted Julie Spielman who serves as the Drug Court Administrator ahead of time to inform her of the assignment and to find out when the next meeting was. She was very helpful in providing me with various options of dates and times of available court hearings. She gave me directions to follow once I arrived at the Justice Center. Julie made me feel comfortable in attending. Observing Drug Court was very interesting and an eye-opening experience. This was my first time attending so I did not know what to expect. I expected to be in a court room with a judge and have various members of the community there to report on their progress. Phillip Britt, serves as the Drug Court Commissioner and he was leading court. He called each member up to the stand to report on their progress in treatment and to sign off that they were in attendance. I feel that Drug Court is very effective for those in treatment to attend. Along with their caseworker and the judge, members are held accountable to attend treatment, various meetings such as AA or NA, and encouraged to make positive choices to ensure sobriety. I observed that the court system works very well with the person in treatment. They work as a team to get the person sober and help them through treatment. The court system has strict guidelines set that each person must follow to graduate the