Drug Diversion Courts: Are They Needed and Will They Succeed in Breaking the Cycle of Drug-Related Crime?

• NCJ Number: 168913
• Journal: New England Journal on Criminal and Civil Confinement Volume: 23 Issue: 1 Dated: (Winter 1997) Pages: 63-99
• Author(s): J R Brown
• Date Published: 1997
• Length: 37 pages
• Publication Format: Article
• Publication Type: Program/Project Description
• Language: English
• Country: United States of America
• Note: DCC.

Annotation

This paper profiles and assesses the effectiveness of drug courts.

Abstract

Drug diversion courts differ from traditional trial courts in that their focus is to keep nonviolent, drug-abusing offenders out of prison and in treatment programs mandated and monitored by the courts. Part II of this paper discusses the close nexus between drug abuse and crime; and Part III describes the increase in drug-related arrests, convictions, and sentence lengths of drug offenders. Part IV examines the consequences of increased numbers of drug offenders in the criminal justice system: overcrowded prisons and the failure to control recidivism rates. The importance of treatment in reducing drug dependency is discussed in Part V, and Part VI details the objectives and general structure of drug diversion courts. The most important dimension of drug courts is noted to be the use of court power to direct nonviolent drug offenders to intensive court-monitored treatment in lieu of incarceration. Part VII describes two operating drug courts: the Miami drug court and the Boston drug court. The paper concludes that drug diversion courts are cost- effective, but require three vital components to achieve their goals. First, the criminal justice and political communities must accept that a new philosophy is required if our courts are to play a major role in breaking the nexus between crime and drugs. Second, an effective drug court requires an innovative and dedicated judiciary willing to assume a new role far removed from that of a traditional trial judge. Third, a drug court must have a committed, broad-based coalition that provides knowledge, support, and long-term commitment to a drug court and its aims. Additionally, the Boston Court moved the treatment concept one step further by locating on a public health campus. The Boston drug court is a model system that has achieved its goals. 332 footnotes