Special Courts- Drug Court
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Special Courts: Drug Court Jennyfer Salgado Criminal Justice Program, El Paso Community College
CRIJ1306 – Courts Systems and Practices
Mr. Jorge H. Valenzuela
10/29/2023
Special Courts: Drug Court
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Drug addiction is a significant multifaceted social issue affecting individuals, families, and communities worldwide. The use of illicit drugs has grown over time and has caused damage
to various age groups. Fifty percent of people ages twelve and older have used illicit drugs at least once. (Quilalang, C. 2023). Traditional punitive measures for drug-related offenses have often fallen short of addressing the root causes of addiction and providing adequate support for rehabilitation, leading to a cycle of relapse and recidivism. As a result, innovative approaches like drug court programs have emerged, aiming to break the cycle of substance abuse through a more holistic and rehabilitative framework. This essay will delve into drug courts' core principles, effectiveness, and potential to reshape the criminal justice system's response to substance abuse. Drug courts are specialized judicial programs designed to provide an alternative to conventional criminal justice proceedings for individuals with substance abuse problems. Rather than disciplinary measures alone, drug courts adopt a multidisciplinary approach encompassing treatment, supervision, and accountability. The primary objective is to address the underlying issues behind addiction and promote long-term recovery and social reintegration. There are now over 1,600 such courts operating in all 50 states (King & Pasquarella, 2009). Drug courts have been a tremendous new wave and have adapted to different targets. Most drug courts target adults. However, a growing number of jurisdictions are also providing juvenile drug courts. Some jurisdictions have drug courts for certain classes of offenders, such as tribal defendants, veteran defendants, defendants suffering from mental health issues, and defendants arrested for driving while intoxicated (Huddleston & Marlowe, 2011). The drug court movement reflects a desire to shift the emphasis from attempting to combat drug crimes by reducing the supply of
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drugs to addressing the demand for drugs through addiction treatment (King & Pasquarella, 2009).
Drug courts specialize in addressing the underlying issues of substance abuse and addiction rather than simply punishing individuals for their drug-related offenses. Drug courts' core principles revolve around treating addiction as a disease and providing comprehensive support to help individuals overcome their substance abuse problems. The core principles of drug
court can be as follows: 1. Collaboration and Coordination: Drug courts bring together judges, prosecutors, defense attorneys, treatment providers, probation officers, and other stakeholders to form a collaborative team that works collectively toward successful outcomes for participants. This multidisciplinary collaboration ensures that all aspects of an individual's life are considered when
designing an effective treatment program.
2. Judicial Supervision: Judges typically administer and oversee drug courts, actively engaging with participants, closely monitoring their progress, and ensuring compliance with program requirements. Regular court appearances and status hearings allow participants to receive feedback, support, and appropriate incentives or sanctions. 3. Comprehensive Treatment: Drug courts prioritize access to evidence-based substance abuse treatment options tailored to individual needs. Treatment plans may include counseling, group therapy sessions, medication-assisted therapy, vocational training, educational programs, and access to healthcare professionals who specialize in addiction medicine.
4. Frequent and Random Drug Testing: Drug court participants are subject to regular drug
testing, which serves as a tool to monitor participants' compliance with sobriety and holds them
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accountable for their actions. With frequent drug testing, they must adhere to strict guidelines the
court sets. This close monitoring helps promptly identify any potential relapses or non-
compliance with treatment plans so that appropriate interventions can be implemented. 5. Graduated Incentives and Sanctions: Drug courts employ a system of rewards and sanctions to motivate participants to comply with treatment requirements. Incentives include reduced sentences, praise from the judge, or increased visitation rights with children, while sanctions involve extra community service, increased court appearances, or short-term jail sentences. Extensive research has consistently demonstrated the positive impact of drug courts in reducing substance abuse, re-offending rates, and associated criminal justice costs. A National Institute of Justice study found drug court participants had lower relapse rates and subsequent arrests than those processed through traditional court systems. Drug courts have also shown cost-
effectiveness by reducing incarceration rates and associated expenses while enhancing public safety (Belenko et al., 2013). Beyond individual rehabilitation, drug courts offer broader societal benefits and have improved public safety. Drug courts promote social reintegration and reduce the strain on families and communities impacted by addiction by providing comprehensive treatment and supporting long-term recovery. As a result, participants are less likely to engage in
illegal activities driven by their addiction, such as theft or violence. Moreover, these programs foster public trust in the justice system by emphasizing accountability, transparency, and evidence-based interventions. While drug courts have proven extraordinary effectiveness, challenges remain. Limited resources, lack of standardized practices, and ensuring equity in program access are among the critical challenges drug court programs face. A Columbia University's National Center on
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Addiction and Substance Abuse (CASA) report concludes that 80 percent of all offenders in the criminal justice system—some 1.4 million individuals (about half the population of Nevada)—
are substance abusers. Despite those statistics, it is estimated that no more than three percent of the population participates in drug court programs (Tauber, 2020). Eligibility for drug courts is also an issue, as it is typically limited to non-violent offenders who pass a risk assessment. People with current or previous violent offenses are generally excluded from drug courts by either federal funding restrictions or directly under state law. (Franco, 2010). To address these issues, ongoing research and evaluation are crucial, increasing funding for treatment services and
expanding program availability to reach underserved populations. Furthermore, overriding sentencing laws, such as mandatory minimums, may also bar access to drug courts. Eligibility can be assessed using a Risk-Need-Responsivity Model that weighs defendants' risk of recidivism against their needs and likely responsiveness to different treatment models (2012).
Drug courts represent an innovative, compassionate, evidence-based, and comprehensive approach to tackling substance abuse and related criminal behavior within our society. By focusing on treatment, accountability, and rehabilitation, drug courts have the potential to transform the way society responds to addiction, offering hope for individuals seeking recovery and promoting safer, healthier communities. As we move forward, continued research and collaborative efforts are essential to strengthen drug court programs and ensure their accessibility
and effectiveness for all who need them. Drug courts can potentially reduce the number of individuals involved in the criminal justice system and help those individuals become productive
members of society.
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References
Belenko, S., Hiller, M., & Hamilton, L. (2013). Treating Substance Use Disorders in The Criminal Justice System. Current psychiatry reports, 15(11), 414. https://doi.org/10.1007/s11920013-0414-z
Franco, C. (2010, October 12). Drug courts: Background, effectiveness, and policy issues for Congress
. Congress Research Service. https://sgp.fas.org/crs/misc/R41448.pdf
Huddleston, W., & Marlowe, D. B. (2011, July). Painting the current picture: A National Report
on Drug Courts and other problem-solving court programs in the United States.
Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/painting-current-
picture-national-report-drug-courts-and-other
King, R. S., & Pasquarella, J. (2009).
Drug Courts A Review of the Evidence. The Sentencing Project
.
Quilalang, C. (2023, September 14). Drug Addiction Statistics & Facts [2023 update]
. Addiction
Group. https://www.addictiongroup.org/addiction/statistics/ Seven Program Design Features: Adult Drug Court Principles, Research, and Practice
. Office Of Justice Programs. (2012b). https://www.ojp.gov/pdffiles1/nij/248701.pdf
Tauber, J. J. (2020). The Future of Drug Courts: Comprehensive Drug Court Systems
- NDCRC.org. https://ndcrc.org/wp-content/uploads/2020/06/DCRVolume1-
4_The_Future_of_Drug_Courts_Comprehensive_Drug_Court_Systems.pdf
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