Drug courts - positive alternative

Drug Courts are a novelty in the criminal justice field. Since the first pilot programs started in early 1980s in the United States, more and more countries worldwide begin to observe advantages of this solution and try to implement the project. Drug courts’ purpose is to limit the use of alcohol and other drugs as well as diminish the criminal activity associated with their use. In the United Kingdom the first pilot projects of this kind took off in early 2000s in Glasgow, Fife, Leeds and London. Why do governments decide to follow this path? In what ways can it benefit both drug users and the society?

Drug courts are designated for the nonviolent crimes involving the use of drugs. They are based on a number of principles which differentiate them from the ordinary criminal proceedings. The UK Ministry of Justice (Report on Dedicated Drugs Court Pilots 2008) describes their uniqueness in five points. First, Drug courts are specifically involved in cases of drug misuse, and guide offender through the whole legal process, from conviction through sentence, to completion or breach of their orders. Second, program is based on the continuity of magistrates’ bench, enabling offenders to familiarize with judges, prosecutors, probation officers and treatment representatives. Third, court staff and other people involved in the project receive special training on how to deal with drug users, educating them about implications that an addiction can have on the person and helping them to accustom the sentence and treatment to the offenders need. Fourth, an offender is supervised throughout the program, ensuring that he meets all the formal requirements, keeps a calendar of his treatment and court hearings etc. Ultimately drug courts are established in order to help offenders get rid of their addiction. Accordingly, partnerships between judiciary, treatment services and social services are a cornerstone of the program.

New Jersey Courts website (www.judiciary.state.nj.us) presents this program as having “a critical balance of authority, supervision, support, and encouragement”. Drug courts proceedings are seen as demanding on the offenders. They are required to attend series of frequent hearings at court, where his progress is analysed and his goals set. They are also subjected to the random drug tests, whish results are also taken into account by judges. Despite of this rigor, becoming a member of the project can pay off. Successful completion of the treatment plan may result in the dismissal of charges against defendants (for the first time offender) or in the post-plea cases, successful completion may result in adjudication being withheld and/or a reduced length of probation.

Advantages for the offender seems to be clear. Despite of the quite rigorous characteristics, process can effectively help drug users to abandon their addictions and limit the possibility of turning back to crime and drugs. According to the data prepared by a number of scholars (Roman, Towesend, Bhati 2003; Langan & Cunniff, 1992), the rate of recidivism for people who took part in the program is between 4-28%, while for the offenders who where taking the traditional way rate is close to 50%. Accordingly, it is not only the offenders  themselves who can benefit but also the society as a whole. Lower level of recidivism means less crimes. Consequently, American researchers argue that introduction of drug courts can be also financially advantageous for countries.  However this position is still being disputed, the British Ministry of Justice does not show any net economic benefits in its report.   

The drug courts reduce offending by ensuring that the needs and motivations of offenders are better understood, resulting in more effective sentences, improved participation in treatment and higher levels of sentence compliance. By 2005, drug courts were in operation or were planned in the Americas and the Caribbean (Barbados, Bermuda, Brazil, Cayman Islands, Chile, Jamaica, Trinidad and Tobago) and in Europe (Ireland, Norway). Hopefully, this positive alternative will find more supporters in the near future, become a standard proceeding in drug use issues and not only a pilot program.