Drug Court Policy Analysis

Great Essays
Throughout the past few decades, drug courts have emerged as a viable policy option to treat the dramatic increase of drug offenders in the United States (Johnson, Hubbard, & Latessa, 2000). The high prevalence of drug use among offender populations and the increase in the proportion of drug offenders have been well documented (Lindquist, Krebs, & Lattimore, 2006). According to the Federal Bureau of Prisons, 48.4% of sentenced inmates in federal prison are serving time for drug offenses, as of September 26, 2015 (Federal Bureau of Prisons, 2015). In response to the large numbers of drug offenders, the criminal justice system has implemented drug courts has an alternative approach to incarceration.
Drug treatment courts are specialized courts that target non-violent offenders with substance abuse problems (Franco, 2011). The drug court model combines a balance of authority, supervision, support and encouragement to combat substance abuse and crime. This model is designed to break the cycle of substance abuse, addiction, and crime through a graduated sanctions based system by encouraging the individual to compress their subsequent deviant behavior (Franco, 2011). Evidence suggests that through this model, drug courts can successfully reduce drug use and criminal behavior, both during and after a defendant’s drug court participation (Fisher, 2014). However, critics have argued that drug courts may not reduce recidivism or relapse among drug-abusing offenders any more than conventional punishments, such as probation, incarceration, or parole (Franco, 2011). The purpose of this paper is to examine the practice and effectiveness of drug court programs for non-violent adult offenders. By drawing on deterrence theory, this paper examines the effect of drug court graduated sanctions and the inclination to indulge in deviant behavior. Empirical findings suggest intensive supervision coupled with frequent drug testing and court appearances lower the probability of future drug use and recidivism among participants. However, research differs amongst whether the effects of drug courts are long lasting. Past research designs have concentrated on short-term effects amidst participants and have failed to address long-term effects. Therefore, drug court programs, as an alternative approach to incarceration, appear more effective when the program retains enhanced treatment services, coherent definitions of graduated sanctions, and prolonged drug treatment supervision. The Evolution of Drug Courts Drug court policy in the United States has varied historically and has been at the forefront of political debate.
…show more content…
Beginning in 1885 to 1925, the United States suffered its first widespread drug epidemic on addiction (Roper, 2007). Physicians freely prescribed opium and morphine as pain relievers and major pharmaceutical companies advertised products containing heroin and cocaine to citizens of all ages. It was not until the Harrison Narcotics Act of 1914 that congress responded to substance addiction in American by controlling the importation and dismantle of opiates. By 1925, heroin had also become illegal in the United States, and by the 1940s, illegal drugs were extremely difficult to find and the promise of eliminating illicit drug use seemed possible (Roper, 2007). However, in the 1950s and 1970s a second drug epidemic resurged in the United States as a social movement of drug use as a “badge of status and nonconformity (Roper, 2007, p. 2).” Heroin use became a trend in middle-class homes, while marijuana, LSD, and cocaine were glamorized in media pop culture as a rebellion against mainstream society. …show more content…
Drug courts are designed to improve the participants’ chances of successful reintegration into society by providing social services, such as job training and placement, education, and housing assistance (Franco, 2011). Furthermore, the drug court model functions on the premises of unifying principles known as the “key components” (Bureau of Justice Assistance, 2004; Franco, 2011; Hora & Stalcup, 2007). The key components are arranged through a collaboration of enhanced information, community engagement, accountability, and treatment outcomes (Fisher, 2014). The primary purpose of these principles is to address the underlying causes of addiction by enabling the traditional criminal justice system to use a non-adversarial, non-punitive approach (Hora & Stalcup, 2007; Wolfer, 2006).
There are two paramount models of drug treatment courts: pre-adjudication and post-adjudication models, also known as pre-plea and post-plea models (Franco, 2011; Hora & Stalcup, 2007). The pre-adjudication drug treatment model operates as a diversion program in which the defendant is given the opportunity to participate in the program without entering a plea of guilty. Those defendants completing the program successfully generally receive a dismissal

Related Documents

  • Improved Essays

    In Timothy Williams’ article, “Opioid Users are Filling Jails. Why Don’t Jails Treat Them?”, the methods through which the criminal justice system deals with drug addiction are discussed. By examining how a former drug addict, Dave Mason, dealt with his heroin detoxification process whilst incarcerated, it becomes quickly apparent how jails and prisons may end up encouraging many people to relapse. With the recent national emergency declaration on opioid abuse, there is no doubt any question on how opioid use is becoming a major issue in American society. Therefore, it is necessary to question why many jails and prisons have yet to implement or even allow drug treatment programs, such as the methadone treatment program Mr. Mason completed.…

    • 873 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    A Government Accountability Office found that thirteen out of seventeen drug courts recording “post-program recidivism,” or the tendency for a criminal to commit the same crime after release from a rehabilitation program, measured a decrease between four and twenty-five percent (142). These three instances prove that drug courts really do decrease the percentage of rearrests.…

    • 1070 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    This paper examines the effectiveness of drug treatment courts. In the past, there are many ways in which drug treatment courts are scrutinized. For purposes of this paper, the effectiveness of drug treatment courts will be evaluated through rates of recidivism. This paper describes the drug court model and how it differs from traditional courts. It will take a look at the history of drug treatment courts detailing how they became a part of the United States of America’s criminal justice system today.…

    • 188 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Analysis Of Blue Lens

    • 1216 Words
    • 5 Pages

    While most sectors of society will agree with the government and the judiciary that drug or controlled substance trafficking warrants a prison sentence, an immense majority of all drug related arrest in America relate to possession, not intention to sell. This means that drug users who usually haven’t broken other law are sent to jail or prison, rather than offered the opportunity to treat their disease with the appropriate medications and/or treatments. Many of the advocates for the rights of drug users and substance abuse addicts…

    • 1216 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Mandatory Minimums

    • 888 Words
    • 4 Pages

    According to the National Council on Alcoholism and Drug Dependence “at the most intense levels of drug use, drugs and crime are directly and highly correlated and serious drug use can amplify and perpetuate preexisting criminal activity”. Taking this into consideration, it is not hard to understand why so many people are in support of more severe sentences in response to drug related crimes. While the effectiveness of the use of mandatory minimums to reduce drug related crimes is questionable, supporters of mandatory minimums make some compelling arguments that apply to all mandatory minimums not just those set on drug…

    • 888 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Case Study: Drug Courts

    • 314 Words
    • 2 Pages

    The evidence is clear that drug courts can increase an offender’s contact to treatment. Numerous drug court evaluation have found, on average, more than half of offenders participating in the program completed at least one year; most of which continue on to graduate from it. This compare favorably to community based drug treatment programs in which, on average, more than three quarters of attendees drop out within the first year.…

    • 314 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Drug Courts Case Study

    • 1034 Words
    • 5 Pages

    Introduction In the United States (U.S.), drug courts were first established in the late 1980s. The limited range and effectiveness of the criminal justice measures then for dealing crimes involving drugs fueled the development of drug courts. Since then, drug courts have evolved. Studies have indicated positive findings regarding drug courts.…

    • 1034 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Drug Courts

    • 438 Words
    • 2 Pages

    Specialized courts have been instrumental in deviating the impact of overpopulated and taxed prison systems. Accordingly, they provide an environment that allows drug abusers to correct their behavior and lessen recidivism for similar crimes (Drug Courts, n.d.). The advantage of having a drug courts improve the treatment an offender gets and allows them to take charge over the positive changes in their day-to-day lives. The National Institute of Justice has found that recidivism rates drop significantly around 17%-26% depending of the programs used and assignment of judges over the length of time done (Do Drug Courts Work? Findings From Drug Court Research, n.d.).…

    • 438 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Drug Court Arguments

    • 1703 Words
    • 7 Pages

    Drug courts are helpful and useful, but they can tend to hurt people or society. First and foremost…

    • 1703 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Drug Court Case Analysis

    • 236 Words
    • 1 Pages

    Drug courts are specialist courts that attempt to divert illicit drug users from incarceration and instead work to address underlying drug dependency via intensive treatment programs, with the hope that long-term rehabilitation is achieved (AIC 2015). To be eligible to attend a drug court, a person must not; be charged with an offence involving violent conduct, be under 18, or outside of the specified local area (The Drug Court of NSW 2015) In 2012, there were varied opinions between the NSW government and a Senior Chief Magistrate over the closure of a NSW youth drug court that was deemed ‘too costly’ to run (ABC 2012). The Senior Chief Magistrate believed the drug court was a far less costly approach in the long-term, and accused the government…

    • 236 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Drug Court Essay

    • 799 Words
    • 4 Pages

    According to NADCP (2015), “Drug courts keeping drug addicted offenders out of jail and in treatment has proven to reduce drug abuse and crime while saving money.” They significantly reduce drug use and crime and are more cost effective than other criminal justice…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Cost Remedies In Prisons

    • 356 Words
    • 2 Pages

    Cost Remedies Many prisons have already implemented a number of tactics to reduce costs. Many have introduced a comprehensive medical and psychological exam at the immediate arrival of the inmate. This step helps reduce severity of untreated illnesses and conditions, or any communicable diseases. Secondly, Co-payments for any medical visits the inmate initiate.…

    • 356 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    As we know today the war on drugs have failed, not only are nonviolent drug offenders risking their lives in prison, their causing corrections facilitates to be overcrowded and underfunded. It would seem that there should be other options rather than just sending nonviolent drug offenders to prison. “There is no evidence that imprisonment reduces the likelihood of recidivism. Instead, we find compelling evidence that offenders who are sentenced to prison have higher rates of recidivism and recidivate more quickly than do offenders placed on probation.” (Spohn, C., & Holleran, D, 2002)…

    • 1847 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    (Ferranti, S., n.d.) Becoming drug free is tough when there isn’t a compassionate network of people to support them; therefore it is important for prisoners to be introduced to these programs while incarcerated. An experiment was conducted in Sweden that was published in the Journal of Scandinavian Studies in Criminology & Crime Prevention, a peer-reviewed journal of scientific work, where 741 prisoners were compared to prisoners with the same statistical likelihood of reoffending. The results showed that the prisoners who received drug treatment prior to their release show a significantly lower amount of re-offense than the group who did not. (Holmberg, S., & Öberg, J., 2012)…

    • 1371 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Drug court participants who had more status hearings and received more praise from the judge later reported committing fewer crimes and using drugs less often than those with less contact and praise (Anonymous). This is in line with low self-esteem being one of the reasons that people do drugs in the first place (Reasoner, N.D.) In the maddening frenzy of drugs being on every corner, in every closet, in every automobile, and everywhere one seems to turn, we need not forget that, although a drug user has a stigma attached, every individual has a story. Everyone is worth saving, but not everyone will be. They don’t need to be treated like cattle without a face or name. They are human and were probably very different before drugs, which mean they respond to kindness.…

    • 3440 Words
    • 14 Pages
    Great Essays