Most of the countries of Europe have chosen to treat drug possession and use as a public health problem.  The U.S. has chosen to criminalize these activities.  I’m not getting into an argument about legalizing various drugs in our country.  But there have been some positive changes in the courts regarding the serious and tragic problem of drugs in the country.

Many jurisdictions have started Drug Courts.  My experience has been in Minneapolis, Minnesota.  Prior to the establishment of Drug Court, even the possession of a small amount of illegal drugs meant the guilty person would either go to prison or, at least, spend some time in the workhouse.  Although drug treatment programs were offered, there wasn’t much of an incentive for the guilty people to participate.

Why not?

For people in prison, their release is not contingent on successfully completing treatment.  All that counts is the pre-determined release date—which is simply a function of time spent in prison.  For those on probation, treatment is often a condition of remaining out of jail.  Wouldn’t that create an incentive?

No.  There’s not much of an incentive to complete any treatment.  The defendant already has a permanent felony record and because the courts are so crowded, if the defendant doesn’t complete court-ordered treatment he probably won’t go back to prison anyway unless he commits a new offense.  If he stays out of trouble, the courts probably won’t take action.

The result is that addicted people get involved in the criminal justice system, go to prison without much rehabilitation, remain chemically addicted, and have a permanent felony record.  That makes it difficult to get a job, get housing, or even buy a car.  Their lives aren’t promising.

Drug Court recognizes these problems with the present system and works to avoid them by:

1.  After an arrest for a drug charge, the defendant’s case is moved from the normal criminal calendars to Drug Court.

2.  Prior to a trial or guilty plea, the defendant is assessed for treatment and offered programming if recommended.

3.  The defendant doesn’t go to jail or prison.

4.  The defendant enters a treatment program and is monitored by the court on a regular basis and encouraged to complete treatment.

5.  If the defendant successfully completes it, he will never go to prison, never have a permanent felony criminal record, and will have his case dismissed.

Drug Courts can never bring back people like Philip Seymour Hoffman.  Nor will they prevent the tragedies like his.  But for thousands of addicted people, Drug Court offers a wonderful opportunity to be cured of their addiction and become productive citizens.

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