DRUG COURTS AND REINVENTING JUSTICE FOR NON-VIOLENT ADDICTS

Drug Courts and Reinventing Justice for Non-violent Addicts

by

Lakresha D. Etheredge

Of the Requirements of COUN5006 - Survey of Research Methodology

February 2011

Abstract

Drug courts represent a change in the role of judges and courts that grew from within the judicial system. There are two types of drug court—case flow courts and drug treatment courts. Case flow courts began in the 1970s in New York City and have since arisen throughout the country. Case courts handle only drug cases, and in exchange for a quick guilty plea, the accused is offered a much reduced sentence. More recent is the rise of drug treatment courts, which began in Miami, Florida, in 1989, when a local judge grew tired of seeing the same drug offenders appear in court repeatedly. His model has since been copied across the country so that today, there are more than 1,200 drug courts operating in the United States.

Introduction and purpose

This research project will critique our current drug policy, explain the need for a different approach to the nation's drug problem, and offer examples of effective alternative responses for nonviolent drug offenders, primarily drug courts, with a special section on treatment programs for women.

The Rockefeller Drug Laws, passed in 1973 when Nelson Rockefeller was governor, require a minimum prison sentence of 15 years to life for anyone convicted of selling two (2) ounces or possessing four (4) ounces of a narcotic substance (Bureau of Justice Statistics [BJS], 1999). The Rockefeller Drug Laws establish as the main criterion for culpability, the weight of the drugs sold or in a person's possession at the time of arrest, not on the actual role he or she plays in the narcotics transaction (BJS, 1999). Drug kingpins are rarely caught with narcotics on them whereas a teenage mother, carrying drugs for that same kingpin, might well be picked up on the street and charged with a serious felony. Theoretical background

Findings from the National Household Survey on Drug Abuse indicate that whites make up the vast majority of people who consume and sell drugs in the United States. Still, over 94% of inmates doing time in New York State for the sale or possession of narcotics are people of color (BJS, 1999).

There is a growing consensus among criminal justice professionals that a more appropriate response exists for many nonviolent, drug-involved offenders: proven drug treatment programs. This paper highlights promising programs for drug offenders including alternative to incarceration programs (ATI's), prison-based treatment programs, prison-based programs with aftercare components and special treatment programs for women (Thomson, 2002)

Review of empirical research

There is some debate about the effectiveness of courtbased treatment. It appears that drug courts show some success, but it is likely due to frequent monitoring with immediate sanctions rather than to the particular treatment approach utilized. Success is also enhanced because the most serious offenders—those with a history of violence, drug dealing, or several prior imprisonments—are often not eligible for drug court.

The U.S. currently spends $41 billion per year to operate its ...