NCJ Number
12719
Journal
Wisconsin Law Review Volume: 1973 Issue: 3 Dated: (1973) Pages: 665-726
Date Published
1973
Length
62 pages
Annotation
THE AFFECT OF A MASSACHUSETTS LAW AUTHORIZING PRE- AND POST-TRIAL DIVERSION FOR DRUG DEFENDANTS IS STUDIED AS AN EXAMPLE OF THE ABILITY OF LAW TO ALTER BEHAVIOR AND INITIATE SOCIAL CHANGE.
Abstract
THE DEFENDANT GROUPS STUDIED CONSISTED OF ALL ADULT DRUG CASES FOR A THREE MONTH PERIOD BOTH BEFORE AND AFTER THE NEW LAW'S ENACTMENT. THE DATA INDICATED THAT THERE WAS VIRTUALLY NO CHANGE IN TREATMENT OR DISPOSITIONAL OUTCOMES FOR DRUG DEFENDANTS AND THAT THE LAW HAD PRACTICALLY NO IMPACT. THE AUTHORS STATE THAT THE MASSACHUSETTS DIVERSION EXPERIENCE SUGGESTS SEVERAL PROPOSITIONS ABOUT THE CONDITIONS UNDER WHICH LAW ALTERS BEHAVIOR AND INITIATES SOCIAL CHANGE. LEGAL EFFECTIVENESS DEPENDS ON (1) ACCURATE IDENTIFICATION OF A PROBLEM SITUATION AND SELECTION OF MEANS WHICH, IF CARRIED OUT, WILL IN FACT ALTER THE SITUATION IN THE DESIRED DIRECTION, (2) COMMUNICATION OF THE LAW TO AFFECTED PERSONS, PARTICULARLY TO OFFICIALS OR ELITES DIRECTLY RESPONSIBLE FOR ITS IMPLEMENTATION, (3) A STRUCTURE OF POSITIVE AND NEGATIVE INCENTIVES SUFFICIENT TO INSPIRE THE DESIRED ACTION AND TO COUNTERACT OR CIRCUMVENT INERTIA, RESISTANCE, AND HOSTILITY, AND (4) EXISTENCE OF ORGANIZATIONS WITH OFFICIAL AND NON-OFFICIAL MANDATES FOR DIRECTING AND MONITORING THE IMPLEMENTATION PROCESS. (AUTHOR ABSTRACT)