Drug Courts have gone from an anomaly to a fairly commonplace alternative to the traditional criminal courts—often touted as giving offenders who would otherwise be sent to prison a chance at rehabilitation and a subsequent reduction in their risk of re-offending. But a new study from the Justice Policy Institute states that drug courts might not be the win-win answer they are painted as.
Addicted To Courts: How a Growing Dependence on Drug Courts Impacts People and Communities was released this week and states that the prevalence of drug courts may be hurting more than helping.
The report points out several problems with drug courts including the fact that while they are designed to keep people out of prison, many of the people who are served by these courts may have otherwise been diverted from the criminal justice system altogether. They state in this manner, the drug courts actually “widen the net” on who is swept up into the system.
They argue that those seen in the drug courts, prior to the use of drug courts, would have had charges dropped or would have been diverted otherwise into a community treatment program. Instead, the treatment comes through the court and therefore expands the influence of the criminal justice system.
Drug courts typically have very structured programming for their clientele, requiring the defendants to meet several requirements in order to be considered successful. While we hear about the success stories relatively frequently in the news, the JPI reports graduation rates vary from ¼ to 2/3 depending on the court.
The Institute argues the money spent on drug courts would be better spend in community treatment, handling addiction as the health problem it is rather than a criminal issue. By handling addiction before it becomes criminal, you can legitimately save money exponentially.
And they’re probably right. However, the courts do provide reduced recidivism when compared with incarceration. And they do allow many people to remain in the community, with family, while serving their time and satisfying the conditions of their court ordered penalties.
The report makes several recommendations to local governments and state legislatures:
- Invest more in community level (“front-end”) treatment
- Implement other diversion policies
- Collect better data on the success and shortcomings of drug courts
- Focus drug courts only on those most likely to go to prison, not those who would’ve traditionally been diverted out
- Evaluate current practices and policies
The presence and availability of drug courts varies from state to state and jurisdiction to jurisdiction. Knowing if you case qualifies for drug court is something a local defense lawyer can help you determine. If you are facing charges related to drug abuse, contact us today for a consultation with an experienced criminal defense lawyer in your area.
About David Matson