YOUNG DRUG ADDICTS IN CRIMINAL PROCEEDINGS IMPLEMENTATION AND MOTIVATION OF THERAPY BY JUVENILE JUDGES

• NCJ Number: 67714
• Journal: MOSATSSCHRIFT FUER KRIMINOLOGIE UND STRAFRECHTSREFORM Volume: 61 Issue: 2 Dated: (APRIL 1978) Pages: 135-138
• Author(s): D KLEINER
• Date Published: 1978
• Length: 4 pages
• Publication Format: Article
• Language: German
• Country: West Germany (Former)
• Note: PAPER READ AT THE PROFESSIONAL CONFERENCE OF THE GERMAN AUTHORITY AGAINST DRUG ABUSE, MAINZ (WEST GERMANY), OCTOBER 1977

Annotation

THESES ON THE NATURE OF DRUG ADDICTION AND OPTIONS, OF WEST GERMAN JUVENILE JUDGES FOR IMPLEMENTATION OF THERAPY ARE PRESENTED.

Abstract

DESPITE THE ENDLESS VARIETY OF THERAPY MODELS FOR JUVENILE ADDICTS, A THERAPY CONCEPT IS NEEDED WHICH APPLIES TO ADDICTS IN GENERAL RATHER THAN TO SPECIAL GROUP TYPES. CERTAIN GENERALIZATIONS CAN BE MADE ABOUT ADDICTION: 1) HEROIN ADDICTION IS EITHER AN ILLNESS OR CRIMINAL BEHAVIOR, AS DETERMINED BY THE ACCEPTANCE OR REJECTION OF THERAPY; AND 2) ADDICTS ARE UNABLE TO EXERCISE COMPLETE FREEDOM IN REACHING DECISIONS. THUS, SEPARATION OF ADDICTS WHO ARE WILLING TO UNDERGO THERAPY FROM THOSE WHO ARE NOT REQUIRES AN EXTRA PUSH, PERHAPS BY A GUARDIAN OR CRIMINAL JUDGE, AND DETOXIFICATION MUST BE FORCIBLY IMPOSED IN MANY CASES AS A PREREQUISITE TO REHABILITATION THERAPY. ACTIVE THERAPY WITH DIFFERENT ALTERNATIVES FOR WILLING AND UNWILLING INDIVIDUALS IS RECOMMENDED, WHETHER ADDICTS ENGAGED FIRST IN DRUG ABUSE OR CRIMINALITY. UNDER PRESENT LAW, ONLY JUVENILE COURTS HAVE THE AUTHORITY TO IMPOSE DETOXIFICATION MEASURES IN CRIMINAL CASES. ADULT CRIMINAL LAW BASED ON CULPABILITY MUST BE DIFFERENTIATED FROM JUVENILE CRIMINAL LAW, WHICH PURSUES PEDAGOGICAL ENDS. IT MUST BE POSSIBLE FOR JUVENILE ADDICTS TO BREAK OFF CRIMINAL PROCEEDINGS AT ANY TIME SO THAT THEY CONSTANTLY RETAIN THE OPTION OF A THERAPY PROGRAM IN LIEU OF DETENTION. COOPERATION IS THUS NEEDED AMONG CRIMINAL COURTS, JUVENILE JUDGES, PSYCHIATRIC EXPERTS, PROBATION OFFICERS, MEDICAL EXPERTS, AND EVEN CRIMINAL POLICE. YOUNG ADDICTS SHOULD BE PERMITTED TO CHOOSE DIFFERENT TREATMENT ALTERNATIVES, BUT SHOULD NOT HAVE THE FREEDOM TO CONTINUE USING DRUGS TO THEIR OWN DETRIMENT. THERAPEUTIC METHODS MUST STILL BE WORKED OUT IN DETAIL. --IN GERMAN. (KMD)