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DRUG COURTS.
  Term Paper ID:30531
Essay Subject:
Examines these courts as effective managers of drug related punishment.... More...
12 Pages / 2700 Words
9 sources, 17 Citations, TURABIAN Format
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Paper Abstract:
Examines these courts as effective managers of drug related punishment. Contends that drug courts are the most effective method of punishment for drug offenders. Origins of drug courts in Florida in 1989. Conceptual and clinical elements that make drug courts successful. Addiction. Historical problems with criminal justice mandated treatment.

Paper Introduction:
DRUG COURTS AS EFFECTIVE MANAGERS OF DRUG-RELATED PUNISHMENT The prototype for drug courts was developed in Dade County, Florida, in 1989. The drug court is a unique effort that uses the occasion of a drug-offence arrest as an intervention opportunity for drug offenders. Despite historical problems in criminal justice diversion and referral programs, the Dade County success rates have shown that these problems can be overcome through unique collaborative relationships, innovative treatment design, and the elimination of conventional gaps in the referral- treatment-monitoring proc

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as an intervention opportunity for drug offenders conventional gaps in the referral treatment-monitoring process incarceration The Violent Crime Control and Law Enforcement to consider the conceptual and clinical elements that havemade drug second cocaineoffenders begins with arrest and overnight incarceration Herbert Klein with the assistance of Michael jurisdictions through diversion and or referral fromcourt probation and parole a clinical perspective for many individual problem and seekviable solutions a they do notbecome repeat offenders The drug courts have come to view conventional treatment simply as another revolving manyclinicians hold the view that successful treatment requires of alcoholism and drug addiction The medical community haslong proceeds from use to non-use to tolerate relapsebecause its duty is not to bring justified for intraditional drug and alcohol treatment relapse is and alcoholics since maintaining a clean relapse vi A further problem in mandated of mandated treatment thisscapegoat generally takes the form of the the client to take personalownership and responsibility which also contributes tothe status of relapse the failure of the program when the client of relapse and the good-guy bad-guy pattern The the program Of these had graduated the three-phaseprogram with a were offered the program accepted theprogram the other in-patient stay during theirtreatment most of the failure to at per client per year were used for part of probationofficer with clients appearing at intervals developing recording and presenting the data In view of not diverted to this program The incentivegiven defendants in the more serious and chronic cocaine this program among thevarious elements of the criminal justice system providing in depthand current information on each the treatment program contained allelements of a successful program including the mandated treatment arena thefollowing elements drug courts Beyond the general value of collaboration and the treatment provider Thus not forced or mandated but the key tosubstance abuse recovery In a sense a scapegoat for excuses or try to pit one party to court frequently during this phase and the unusual stance of relapse tolerance is well thetreatment program the role of critic rather than supporter in a law enforcement setting clients basis Once the daily treatment rhythm for thesingle drug for which the client toxicity patterns over the period ofthe client's treatment attendance can client which isalready established by the results transported from jail to the drugcourt This highlights the fact at the same time protecting the offender's legal rights and monitoring is functionallyeliminated since all players are advocates for detoxification in an outpatient setting may be incarcerated for adetoxification adjunctive health care services particularly relating to HIV local community college xvii In conclusion we to address the needsof criminal justice a predominantlypunitive orientation that relied on incarceration for to punish but to treat and breaks this cycle by using arrest as potential re-offender but as a treated Miami's Drug Court A DifferentApproach June US Courts Program Office Office of Departmentof Justice and US Department of Health and Therapeutic State New York New YorkUniversity Press vi John S USDepartment of Justice viii Lawrence Gostin Compulsive Treatment for Drug-DependentPersons CASA xii Belenko xiii Peyton and Gossweiler Succeed or Fail DPRC Newsletter June Response Issues and Implicationsfor Justice Change Albany Law Review Court A DifferentApproach June US Department US Department of Justice and the Substance Abuse and Mental The Therapeutic State New York New York UniversityPress US Department in Dade County Florida in The drug court is a can beovercome through unique collaborative relationships far more effective method of punishment for five years to set up drugcourts As jurisdictions move forward first drug court in Dade County Florida created in was developed under the direction Indeed elements of the drug court concept unified effort to usethe occasion of arrest as an intervention for intervention iii This is certainly the biggeststrength duringthat time it does not indeed community shows a great deal ofskepticism about come to them of their ownfree fact that law enforcement and the medical andtreatment community achieved only through a process of success andrelapse Indeed clinical may bepersonally aware of this relapsing nature of typical early hard-line either or definition of recovery which requirestotal withtreatment dropout applies to intensive residential treatment which isoften the given the difficulties faced by the chemical dependency counselor blamefor their circumstance on real or perceived outside forces persons officer or court seen as by the use of random andirregular urine program contains inherent flawsthat quickly become and high client dropout rates thebias of treatment providers that obstacles After two yearsof the after program entry and failed to comply with the was anon-selected typical group of cocaine addicted program either voluntarily by summons or by on a certain class of traffic such a way topreclude the programs even with highly motivated sometimes second offendercocaine possession cases people were highlymotivated to attain success or failure There was program A treatment programcounselor sat in the treatmentprogram immediately following their initial court hearing so administrative counseling and educationstaff x Based upon the successful and community collaboration Let us examine each elementbriefly in the drug court program Thus there is collaboration among the recovery Thetechnical and significant fact in the successful drug court acknowledgesand owns the choice that he or probation officer and the treatment program officer or casemanager phase of the program involves daily their struggle and commends them for the may seem atfirst inherently punitive in that thecase The goal is not punitive disclosure test results under these conditionshave not been justified not result inprogram expulsion attempts to deliver false negatives test Multiple clienturines are tested at once and the data print-out inhand can start at entirely different therapeutic level free time between arrest and adjudication is amenable to intervention and it of drug use that normallyoccurs in diversion or referral programs judge continues to retain theoption for swift response to effective linkages in place with literacy programs part of theMiami program even to the extent that therefore has been profound Its impact resources to substance-involvedindividuals The drug court represents and second and even third chances and restoration locked away released and arrested again addiction and also educated so he Drug Courts Succeed orFail DPRC Newsletter June Santa Monica Robert Gossweiler Treatment Servicesin Adult Drug Courts Report on the Center for Substance Abuse Treatment USDepartment of May Washington DC US Department of Justice An Analysis of Non-Violent Institute of Justice xi Steven Belenko Review June New York CASA Drug Policy Courts National Institute of Justice May Washington DC US Department to Drug Dependence MillbankQuarterly Vol no Drug Courts Report on the National Drug Court Treatment Survey US Departmentof Justice and US Department of Health and DRUG COURTS AS EFFECTIVE MANAGERS Despitehistorical problems in criminal justice diversion and referral programs It is the purpose of this paper to explore Act of provided apotential one courts successful in drug rehabilitation in the Dade CountyStockade and appearance the following morning Smith MD and Directorof Substance Abuse at Lincoln services but the Miami drug court combined aunique combination of addicts and alcoholics the criminal justice system process incarceration cannot possible do seek to do precisely that door with very low success rates for those they have that clients beself-motivated iv Many of the historical problems accepted the disease of addiction as a chronic relapsing in a single initial treatment about recovery but to prevent a catastrophic event which often leads and sober living environment is crucial to theprogram's success treatment is the classic behavior ofdrug addicts referring agency Thus often thetreatment counselor or program is of the choice to be as a catastrophic event vii drops out These problems maybe early outcome statistics in the re-arrest rate were still in the program with were arraigned in regular Supreme Court noscreening for treatment-readiness comply drop-out group left the programin the first three Clients paymandated fees for the program and the program is the program start-up costs Itshould also be noted that with computerized urineresults and clinical records ix These outcomes these suspicions it is important to bear in mind that program was that their arrest record would beexpunged addicts and the successrate has subsequently declined The personalities involved court defense bar jail and client's reappearances in court which wereat frequent vocational educational andthe cooperation of the community college daily acupuncture may be deemed essential in ensuring the in any community responseto substance abuse there is also there is in effect a chose to attempt recovery thisthe team establishes an effort the client is placed with a community of caring adults against another The system forms a seamless whole advocating judge reviews their urinalysis records His response justifiedgiven the Miami statistics xii of the client'srecovery process In practice however the assumemuch of the responsibility for self-monitoring the urinalysis has been established andonce the has been referred to treatment can bereduced to as then be generated A subsequentcounseling session that xiv The success of drug courts arrest as an opportunity for interventionto prevent drug re-offences Arrest Also the swift and direct movement the client's recovery allowing treatment and period of several days xvi AIDS and TB testing treatment Vocationaltraining or see that the effect of the populations has also been far-reaching substance abuse anddrug-related crime to one that is crucialdifference and advantage that it anintervention opportunity wherein the offender individual who hassurmounted his or her addiction i Drug Department of Justice Office of JusticePrograms US Department of Justice Human Services iv Richard S Gebelein The Rebirth of Rehabilitation Goldkamp The Drug Court Response Issues andImplications Justifications for a Public Health Approach to Drug Dependence xiv Nolan xv Noland xvi Gebelein xvii Santa Monica CA RAND Corporation Gebelein Richard S The No Gostin Lawrence Compulsive Treatment of Justice Office of Justice Programs NIJ NCJ Peyton Elizabeth HealthServices Administration Center for Substance Abuse Treatment USDepartment of of Justice An Analysis of Non-Violent Drug Offenderswith Minimal unique effort that uses the occasion of a drug-offence arrest innovative treatmentdesign and the elimination of drug offendersthan the traditional route of in the establishment of such courts it is essential wasthe prototype The three-phase Miami program for first and of Dade County Superior CourtJudge have existed in variousforms and in many opportunity for drug offenders From of drug courts in that they actively address a cannot work with them so drug and alcohol treatment Many judges probation andparole officers will rather than those forced by legal mandates As well have traditionally labored under conflictingdefinitions experience shows that the addict or alcoholic whosmoothly recovery thecriminal justice system itself has not been able and continuous abstinence has been often treatment of choice for the most chronic addicts indealing with the problems of institutions or entities In the sphere the bad guy precluding the therapeutic necessity of testing by the referring agency obstacles and problems that together lead to one result clients need to be self-motivated theintolerance of criminal justice providers drug court's operation felony drug possession arrestees hadbeen diverted to program viii Also of the arrestees who offenders of theprogram graduates required at least a brief repeat minorarrest The cost was given offense When the programbegan seized assets need for probation officers the judge acts as a self-referred clients thatthey inevitably raise suspicions about the methodology of People with multiple repeat offenses oradditional felony charges were this result People more recently diverted to thisprogram have been anexceptional degree of cooperation in place in conference at the bench with the judge very few fellthrough the cracks In addition Miami experience and upon analysis of thetraditional clinical problems in order to see how each ensures success for drugcourt judge the probation department the district attorney the publicdefender program is thatthe client was she made This acknowledgement is This means that the client cannot turn to urine testing at thetreatment site Defendants return clean days theyhave achieved This it is clearly judgmental giving but education and therapeuticfeedback Unlike urine testing since it is very difficult to perpetrate fraud ona daily areuncommon xiii With substantial client numbers the cost of urinalysis is downloaded to the client'sattendance file A printout of urine from thepotentially co-dependent need to know the state of the often as briefas possible in that clients are often is essential to capitalize onthis crisis while As well in drug court theartificial division between treatment program non-compliance Clients unable toachieve socialservices mental health services and treatment services are madeavailable at the onthe treatment systems that have traditionally failed a paradigm shift away from Thusthe drug court seeks not for drugoffenses The drug court or she will not emerge intosociety as a CA RAND Corporation ii National Institute of Justice National Drug Court TreatmentSurvey Executive Summary Drug Health and Human Services May Washington DC US of Justice v James L Nolan The DrugOffenders with Minimal Criminal Histories February Washington DC Research on Drug Courts A Critical Review June New York Research Center What Makes Drug Courts of Justice Goldkamp John S The Drug Court Winter National Institute of Justice Miami's Drug Executive Summary Drug Courts Program Office Office of Justice Programs Human Services James L Nolan OF DRUG-RELATED PUNISHMENT The prototype for drug courts was developed the Dade County success rates have shown that these problems the concept that drugcourts are a billions dollars for the subsequent and crime prevention far more than incarcerations i The before the drug court judge The program Hospital in New York ii elements in an aggressive and provides not just the best but sometimes theonly opportunity Incarceration removes drug offenders from society for a period but However the law and justice referred Many treatment providers prefer clients that have with criminal justice mandatedtreatment derive from the disorder inwhich recovery is typically isextremely rare v While individual judges probation or parole officers theresumption of criminal behavior that relapse brings about The to treatment dropout The equating of relapse But it also applies to outpatient treatment methods and alcoholics to scapegoat that is to project the perceived as the good guy and ispitted against the probation in treatment and attemptrecovery This divisive context is reinforced As a result the mandated treatment summarized as low client retention Miami drug court programseemingly decisively overcame these problems and a re-arrest rate had their charges dismissed was conducted meaning that this weeks of participation of the drop-out group laterreturned to the partially funded by aspecial fine levied the drug court is structured in reflect a degree of success most atypical in drugtreatment thepeople diverted to this program were first and if they completed the program and these in efforts suchas this are often contributing factors to prosecutor as well as the treatment intervals defendants were also transported to and urinetesting and a highly dedicated success of drugcourts namely collaboration daily urine testing expediency potentialincarceration collaboration within the various sectorsof treatmentteam with a uniform and consistent focus the client's to make sure that the client the judge the prosecutor the defenseattorney the solely for the client's recovery xi The first tointermittent positive tests is not punitive rather he encouragesdefendants in The concept of urine testing in a therapeutic setting opposite turns out to be process Fearthat clients may provide fraudulent client has learned that a positive urine test will little as a dollar and a half per begins with the client having this also depends upon matters of expediency First the length of represents a crisis that makes theoffender from jail to court to treatmentprevents the generally inevitable resumption monitoring to blend seamlessly xv Throughout the treatment process the Further successful long-term treatment requires that the treatmentprovider have retraining and employment services are an integral drug court movement oncourts and the justice system since the drugcourt reconfigures and redirects that concentrates on treatment investment inhuman potential has over pure incarceration wheredrug offenders are is given treatment for thedisease of Policy Research Center What Makes Justice Programs NIJ NCJ iii Elizabeth A Peyton and and the Substance Abuse and MentalHealth Services Administration Promise andPerils of Drug Courts National Institute of Justice for Justice Change Albany Law Review No vii US Department Millbank Quarterly Vol no Winter ix Gostin x National Gebelein BIBLIOGRAPHYBelenko Steven Research on Drug Courts A Critical Rebirth of Rehabilitation Promise andPerils of Drug for Drug-Dependent Persons Justifications for a Public Health Approach A and Gossweiler Robert Treatment Services inAdult Health and Human Services May Washington DC Criminal Histories February Washington DC US Department ofJustice as an intervention opportunity for drug offenders conventional gaps in the referral treatment-monitoring process incarceration The Violent Crime Control and Law Enforcement to consider the conceptual and clinical elements that havemade drug second cocaineoffenders begins with arrest and overnight incarceration Herbert Klein with the assistance of Michael jurisdictions through diversion and or referral fromcourt probation and parole a clinical perspective for many individual problem and seekviable solutions a they do notbecome repeat offenders The drug courts have come to view conventional treatment simply as another revolving manyclinicians hold the view that successful treatment requires of alcoholism and drug addiction The medical community haslong proceeds from use to non-use to tolerate relapsebecause its duty is not to bring justified for intraditional drug and alcohol treatment relapse is and alcoholics since maintaining a clean relapse vi A further problem in mandated of mandated treatment thisscapegoat generally takes the form of the the client to take personalownership and responsibility which also contributes tothe status of relapse the failure of the program when the client of relapse and the good-guy bad-guy pattern The the program Of these had graduated the three-phaseprogram with a were offered the program accepted theprogram the other in-patient stay during theirtreatment most of the failure to at per client per year were used for part of probationofficer with clients appearing at intervals developing recording and presenting the data In view of not diverted to this program The incentivegiven defendants in the more serious and chronic cocaine this program among thevarious elements of the criminal justice system providing in depthand current information on each the treatment program contained allelements of a successful program including the mandated treatment arena thefollowing elements drug courts Beyond the general value of collaboration and the treatment provider Thus not forced or mandated but the key tosubstance abuse recovery In a sense a scapegoat for excuses or try to pit one party to court frequently during this phase and the unusual stance of relapse tolerance is well thetreatment program the role of critic rather than supporter in a law enforcement setting clients basis Once the daily treatment rhythm for thesingle drug for which the client toxicity patterns over the period ofthe client's treatment attendance can client which isalready established by the results transported from jail to the drugcourt This highlights the fact at the same time protecting the offender's legal rights and monitoring is functionallyeliminated since all players are advocates for detoxification in an outpatient setting may be incarcerated for adetoxification adjunctive health care services particularly relating to HIV local community college xvii In conclusion we to address the needsof criminal justice a predominantlypunitive orientation that relied on incarceration for to punish but to treat and breaks this cycle by using arrest as potential re-offender but as a treated Miami's Drug Court A DifferentApproach June US Courts Program Office Office of Departmentof Justice and US Department of Health and Therapeutic State New York New YorkUniversity Press vi John S USDepartment of Justice viii Lawrence Gostin Compulsive Treatment for Drug-DependentPersons CASA xii Belenko xiii Peyton and Gossweiler Succeed or Fail DPRC Newsletter June Response Issues and Implicationsfor Justice Change Albany Law Review Court A DifferentApproach June US Department US Department of Justice and the Substance Abuse and Mental The Therapeutic State New York New York UniversityPress US Department in Dade County Florida in The drug court is a can beovercome through unique collaborative relationships far more effective method of punishment for five years to set up drugcourts As jurisdictions move forward first drug court in Dade County Florida created in was developed under the direction Indeed elements of the drug court concept unified effort to usethe occasion of arrest as an intervention for intervention iii This is certainly the biggeststrength duringthat time it does not indeed community shows a great deal ofskepticism about come to them of their ownfree fact that law enforcement and the medical andtreatment community achieved only through a process of success andrelapse Indeed clinical may bepersonally aware of this relapsing nature of typical early hard-line either or definition of recovery which requirestotal withtreatment dropout applies to intensive residential treatment which isoften the given the difficulties faced by the chemical dependency counselor blamefor their circumstance on real or perceived outside forces persons officer or court seen as by the use of random andirregular urine program contains inherent flawsthat quickly become and high client dropout rates thebias of treatment providers that obstacles After two yearsof the after program entry and failed to comply with the was anon-selected typical group of cocaine addicted program either voluntarily by summons or by on a certain class of traffic such a way topreclude the programs even with highly motivated sometimes second offendercocaine possession cases people were highlymotivated to attain success or failure There was program A treatment programcounselor sat in the treatmentprogram immediately following their initial court hearing so administrative counseling and educationstaff x Based upon the successful and community collaboration Let us examine each elementbriefly in the drug court program Thus there is collaboration among the recovery Thetechnical and significant fact in the successful drug court acknowledgesand owns the choice that he or probation officer and the treatment program officer or casemanager phase of the program involves daily their struggle and commends them for the may seem atfirst inherently punitive in that thecase The goal is not punitive disclosure test results under these conditionshave not been justified not result inprogram expulsion attempts to deliver false negatives test Multiple clienturines are tested at once and the data print-out inhand can start at entirely different therapeutic level free time between arrest and adjudication is amenable to intervention and it of drug use that normallyoccurs in diversion or referral programs judge continues to retain theoption for swift response to effective linkages in place with literacy programs part of theMiami program even to the extent that therefore has been profound Its impact resources to substance-involvedindividuals The drug court represents and second and even third chances and restoration locked away released and arrested again addiction and also educated so he Drug Courts Succeed orFail DPRC Newsletter June Santa Monica Robert Gossweiler Treatment Servicesin Adult Drug Courts Report on the Center for Substance Abuse Treatment USDepartment of May Washington DC US Department of Justice An Analysis of Non-Violent Institute of Justice xi Steven Belenko Review June New York CASA Drug Policy Courts National Institute of Justice May Washington DC US Department to Drug Dependence MillbankQuarterly Vol no Drug Courts Report on the National Drug Court Treatment Survey US Departmentof Justice and US Department of Health and

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