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 …show more content…
These programs hold the said offenders liable for their actions in a way hold them responsible for their actions and prevents future participation in criminal activities. Diversion treatment plans offer a variety of services, including methodological services to mentally unstable drug abusers and offenders. This is essential to society to prevent the appearance of drugs on public streets when these mentally unstable offenders are released. Diversion programs can greatly help those with a dual-diagnosis rehabilitate, not just spend time in jail. Diversion programs are aslo time and cost effective. They take less time and money to process a case than a regular court case does. According to a website that provides information on youth and adult diversion programs (youthservicesinc.org), in these programs, offenders are expected to acknowledge their responsibility for breaking the law, they must also be willing to make amends. Attendance at diversion board hearing is required to explain the violating behavior and to see if your case will be accepted by the board. If accepted, the offender will complete a contract within the specified length of time. Successful completion of a diversion program results in the dismissal of the charges against the offender. This helps participants of these programs continue working and going to school. It even helps them remain functioning members of society
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.
Many different states have begun sending nonviolent drug offenders to various kinds of drug treatment program the state offers. By doing this, it has significantly reduced the problems with overcrowding. If an individual is arrested and charged with simple possession of a drug and no other crime is being commented, then this person is doing no harm to anyone else. They should be given the opportunity to try and make a change in their life and beat the addiction. Instead, if this person is thrown into jail, they are still going to be an addict with a criminal record now and will not be able to be a contributing member of society. (Everett 1 ).
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.
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.
However that is not to say that there are changes being made. It has been shown that “governing bodies have managed drug use and addiction as a public health problem which requires treatment, counseling and medical interventions rather than incarceration”(Stevenson B. 2011) . One such act that assists drug offenders is the Drug Treatment Alternative to Prison (DTAP), this program was developed by Kings county District Attorney’s office in Brooklyn NY and was the first drug treatment diversion program in the country. What the program is directed towards is those non-violent drug offenders and diverting them towards community-based treatment facilities. It has high structure, long periods on intervention and flexibility. Those that qualify are individuals that are repeat felony offenders arrested in the area that face mandatory sentencing under the State’s second felony offender law and the addiction should be a contributing factor in their criminal activities. The end-state of the program is that “those who successfully complete the DTAP treatment are permitted to withdraw their guilty plea and have the case dismissed. Those who drop out or fail the program are brought back to court and sentenced on
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).
With California jails and prisons still struggling with finding a reform for non-violent drug offenders the states recidivism rates continue to reach unprecedented numbers. Between 1983 and 1998, drug admissions to state and federal prisons increased sixteen-fold, from over 10,000 drug admissions in 1983 to almost 167,000 new prison entries for drug offenses in 1998 (Worrall et al, 2009). This has been a direct result of our legal system incarcerating offenders who have substance abuse related issues instead of providing a way for treatment or rehabilitation outside of incarceration. Through public policies regarding criminal justice interventions that address drug use and crime, an initiative was created to provide treatment services
While evaluating the drug court programs several types of dependencies were discovered. One dependency was created because of multiple measures of criminal behavior during the same time of the follow-ups. Each evaluation had to utilize a particular research sample so that statistical independence could be maintained. An odds-ratio effect size was used because this type of format is most appropriate effect size for the outcomes referring to recidivism. The coding of the effect size was done in such a way that positive effect sizes indicated the treatment group had more of a favorable outcome than the comparison group. The researchers coded an effect size that quantified each court's effects on recidivism. There was also the coding of drug court programs, research methodology, and samples (Mitchell et al., 2012). The results of the study showed that participants in the drug court programs have lower recidivism rate than nonparticipants. These rates show to be less following their removal from the drug court programs. These findings express the need for continuous funding, development, and operation of drug court programs as they prove a reduction in recidivism. However, when it comes to drug courts in the juvenile judicial system, the finding are considerably less than adult drug
The mandatory minimum sentences for non-violent drug crimes should be abolished. Treatment and rehabilitation efforts
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
The United States Correctional System is often challenged as to whether it wants to rehabilitate drug offenders or punish them, and because of this it mostly does neither. Even though drug abuse and drug trafficking are widely spread national issues, the mental, social, and economic costs of "healing" through incarceration are only making the "disease" worse. Never before have more prisoners been locked up on drug offenses than today. Mixed with the extremely high risks of today's prison environment, the concept of incarceration as punishment for drug offenders cannot be successful. Without the correct form of rehabilitation through treatment within Michigan's Correctional System, drug
Diversion is the process in which defendants are directed away from the court system. If defendants are put in a diversion program then the charges are put on hold until the defendant is completed with the program. Once the program is completed the charges are either dismissed or down-graded. Defendants are sent to community-based programs or to counselor. The programs can include treatment, counseling, education, or job training. It could be a single program or a combination. The type of program is based on the crime that defendants are being charged with. Prosecutors and courts make the decision about diversion programs. This option is usually given to first-time offenders for petty offenses. This program is not an option for people that have prior records, on probation, parole, or dependent on drugs. There