NCJ Number
57636
Journal
American Journal of Drug and Alcohol Abuse Volume: 3 Issue: 1 Dated: (1976) Pages: 59-61
Date Published
1976
Length
3 pages
Annotation
SOURCES OF CONFLICT BETWEEN THE CRIMINAL JUSTICE SYSTEM AND ALCOHOLISM/DRUG ABUSE TREATMENT PROGRAMS ARE DISCUSSED IN A PRESENTATION BY A LAW PROFESSOR TO TREATMENT PROVIDERS.
Abstract
THE INVOLVEMENT OF CRIMINAL JUSTICE DECISIONMAKERS (JUDGES AND PRISON OFFICIALS) IN OFFENDER TREATMENT HAS TWO CONSEQUENCES FOR TREATMENT PROGRAMS. FIRST, TREATMENT PROVIDERS MUST ATTEND TO THE CONCERNS OF OFFICIAL DECISIONMAKERS, EVEN IF THOSE CONCERNS CONFLICT WITH THE PROVIDERS' IDEAS ABOUT TREATMENT. THE CRIMINAL JUSTICE SYSTEM'S NEED TO PROTECT THE COMMUNITY MAY CALL FOR CONFINEMENT WHERE THE TREATMENT GOAL WOULD CALL FOR LIBERTY. THE GOAL OF DETERRENCE BY PUNISHMENT MAY CALL FOR AN UNPLEASANT EXPERIENCE WHERE THE TREATMENT GOAL WOULD REQUIRE A PLEASANT ONE. A SECOND SET OF CONFLICTS ARISES FROM THE INVOLUNTARY (OR QUASI-VOLUNTARY) NATURE OF AN OFFENDER'S ENROLLMENT IN A TREATMENT PROGRAM. THE QUESTION THAT COMES TO MIND IS WHETHER THE STATE SHOULD HAVE THE POWER TO FORCE AN OFFENDER TO CHANGE NOT ONLY HIS BEHAVIOR BUT HIS WAY OF THINKING. MOST PEOPLE WOULD FEEL UNEASY AT THE PROSPECT OF FORCING DRUGS OR SURGERY ON AN UNWILLING PATIENT, EVEN IF SUCH A MEASURE WOULD CURE ADDICTION. IT WOULD SEEM EQUALLY TROUBLESOME TO BUY THE PATIENT'S CONSENT WITH AN IRRESISTIBLE REWARD. YET THE CRIMINAL JUSTICE SYSTEM IS COERCIVE WHEN IT OFFERS AN OFFENDER A CHOICE BETWEEN A LONG PRISON SENTENCE AND A RELATIVELY SHORT COURSE OF TREATMENT. NO EXISTING TREATMENT PROGRAM HAS A SUCCESS RECORD THAT COULD JUSTIFY COMPULSION FOR REASONS THAT MIGHT WITHSTAND SCRUTINY WERE THERE A SURE CURE FOR ADDICTION. ONE SOLUTION MIGHT BE TO REDUCE PRISON SENTENCES SO THE PRISON-TREATMENT CHOICE WOULD BE LESS COERCIVE. (LKM)