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Report: Drug courts need major overhaul
A new report released says community drug courts, first created 20 years ago to address epidemic of drug-related cases, have become an obstacle to making drug therapy available to addicts and reducing criminal case loads.
The findings, released Tuesday by the National Association of Criminal Defense Lawyers, came out of a two-year task force study of problem-solving courts. It found in many places “access to treatment comes at the cost of a guilty plea for low-level drug offenses while hard cases are denied and offenders wind up in jail at great expense to taxpayers.”
“Well-intended prosecutors and judges, generally with little input from the defense bar, often limit entry to treatment to offenders most likely to solve their own problems while insisting that ‘harder cases’ go to jail, at considerable taxpayer expense,” the study found. “Minorities, immigrants and those with few financial resources are often under-represented in drug court programs.”
The first drug court opened in Miami in 1989. More than 2,100 such courts exist today in nearly every state, yet incarceration levels for drug offenders and the cost to taxpayers has skyrocketed. In 2008 the FBI’s Uniform Crime Reporting Program said 1.7 million arrests were made in drug-related incidents, one arrest every 18 seconds.
Major findings of the report include:
-Treating substance abuse as a public health issue rather than a criminal justice one
-Opening admission criteria to all those who need, want and request treatment
-Enforcing greater transparency in admission practices and relying on expert assessments, not merely the judgment of prosecutors
-Prohibiting the requirement of guilty pleas as the price of admission
-Urging greater involvement of the defense bar to create programs that preserve the rights of the accused
-Considering the ethical obligations of defense lawyers to their client even if they choose court-directed treatment.
-Opening a serious national discussion on decriminalizing low-level drug use.
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Comments
By Conley
October 1, 2009 10:29 AM | Link to this
I do know the drug court fails those that need it. The system does not work. For those that are really trying and wanting help to change and better themselves, the courts do not help. They will let the ones slide by that are not doing their part. They need better resources for those that want the help. The courts make it so hard on them as far as getting good employment and then having to show up so much that they can not work. It does need to be changed in a drastic way.
By Drug Court Supporter
October 1, 2009 5:29 PM | Link to this
I am a firm believer & supporter in the Drug Court Programs here in Angelina County. One vital point which Ms. Savage has failed to point out is the statistics for successful completions and reduction in recidivism since implementing such Drug Courts. I have seen first hand the positive impact a Drug Court Treatment Team can have on individuals suffering from addiction, their families, loved ones, employers and the community as a whole. When such people are held to a higher accountability and provided resources which they otherwise would not have access to. For an addict, knowing that a District Judge, the Probation Dept., Treatment Provider, City Police Officers, Asst. DA, and Defense Attornies are joining together weekly to ensure that each client is engaging in a personal program of recovery and is given every opportunity to return to society and live a productive lifestyle has a great impact as well. Recovery is about “learning to live life on lifes terms”….many individuals do not understand this phrase. Consistent and repeated drug use inflicts significant damage to the brain and reasoning process, thus the ability to make needed changes such as full-time employment,drug court attendance, 12 Step Attendance and other requirements may seem senseless to someone that does not have the desire to change their lifestyle. Before you state that “drastic changes are needed” do your research, Mr. Conley!!