Drug courts and criminal justice outcomes

Drug Courts

The Department of Justice of the United States of America, in order to cope with heavy work pressure, had to introduce a separate court for the sole purpose of dealing with criminal offenses committed by drug abusers and drug dependants. This concept has proved to be so successful that other countries of the world, including Australia, are now contemplating the introduction of a separate court for dealing with the same issues of drug abuse. How did the need for such Drug Courts develop? To understand this, one must understand the different categories of drug abusers. These people can be generally categorized under two groups: the first group of people lead stable lives, out of reach of the drug criminal justice system. They are peaceful people who do not cause any disruption of societal peace and calm. The second group of people, however, is extremely disruptive and is always involved with the lower sections of society. Their lives are totally disorganized and they are permanently engaged in criminal activities.

The need for correction and punishment of such people has led to the inception of Drug Courts. These courts primarily deal with the increase of drug related crimes in the country wherein a drug user commits a crime for any purpose of his own, under the influence of drugs. The number of such drug users has also been increasing at an alarming rate and the resulting increase in incarceration has been an issue of major concern. If such criminals were to be punished, there is actually no space in the jails to house them due to the severely overcrowded conditions of such prisons. The high recidivism rates among the people who use drugs is another issue that needs to be tackled appropriately. Added to these issues is the increasing workload of the Department of Justice of the U.S.A. And the mounting negative pressure of the general public who want 'something' to be done to tackle the problem of drug abuse. 1

During the 1980's the U.S. Department of Justice dealt with the issue of drug abuse and the resultant crimes with strict sentencing and mandatory punishments. However, by the 1990's, there was severe pressure on the Court of Justice to deal with these crimes in a strict manner and mete out appropriate punishment to those who committed such crimes. To cope with this pressure and also deal with these offenders in such a way that they would not commit such crimes again within a reasonable time period, the judges began to think of new and innovative methods to deal with them. This resulted in the creation of separate courts wherein the punishment for most of these crimes was to be 'treatment' for their addictive use of drugs. One of the first Drug Courts in the U.S.A. was thus established in the 1970's with the intention of handling drug cases in a separate segregated court whereby these cases could be dealt with separately and quickly. 2

1. Tony, Makkai. Drug Courts: Issues and Prospects. Trends and Issues in Criminal Justice Retrieved at http://www.aic.gov.au/publications/tandi/ti95.pdf. Accessed on 03/24/2004

2. Tony, Makkai. Drug Courts: Issues and Prospects. Trends and Issues in Criminal Justice Retrieved at http://www.aic.gov.au/publications/tandi/ti95.pdf. Accessed on 03/24/2004

At that time, the stress was on meting out more and more severe punishments to such offenders. Since then, however, the emphasis in on meting out correctional treatments to the offenders whereby the person would have to undergo a series of treatments to cure himself of his damaging drug habit. He would be offered community support also to deal with his drug abuse. One of the first of these courts that dealt with forcible treatment for drug abusers was that of Dade County in Miami, in 1989. This court proved to set an example for other Drug Courts by its treatment of the case. The traditional 'probation officer' was not allowed to deal with the accused; instead, it was the sentencing judge himself who would deal with him. The criminal was then offered a choice of remaining within the program of treatment of his own volition, without having to adhere to its rules of participation. 3

This method of dealing with the accused brought about a change in the entire system of Drug Courts of the U.S.A. However, it must be remembered that laws in the U.S.A. may differ not only from state to state but also from county to county and therefore, each Court in each county has to deal with the problem of drug abuse in the way it deems best. In general, a Drug Court may be defined as a 'special Court' of law that has been specifically designed to deal with the judicially supervised treatment or rehabilitation of a drug abuser within the jurisdiction of a program specially made to treat such abusers so that they may become good citizens of the society. 4

3. Tony, Makkai. Drug Courts: Issues and Prospects. Trends and Issues in Criminal Justice Retrieved at http://www.aic.gov.au/publications/tandi/ti95.pdf. Accessed on 03/24/2004

4. Tony, Makkai. Drug Courts: Issues and Prospects. Trends and Issues in Criminal Justice Retrieved at http://www.aic.gov.au/publications/tandi/ti95.pdf. Accessed on 03/24/2004

Drug Courts in the U.S.A. have been created almost every week, since the inception of the first one. Statistics reveal that, as of November 26. 2002, there are about 441 Drug Courts in the U.S.A. Out of these, 505 had been very recently created, and there were about 441 more that are still in the planning stage. There may be approximately 1,387 Drug Courts in operation at the end of a few years. 'The Critical Review of Drug Courts' of 2001, a study by Belenko on the Drug Courts of the U.S.A. shows the division of the existing Drug Courts into several different categories. Some of these categories include 'adult', 'juvenile', 'family', and 'combinaton' adult and juvenile and family Drug Courts in existence in the U.S.A. As of 2001. There were about 483 adult Drug Courts, 158 juvenile, and 38 family Drug Courts. The combination Drug Courts numbered about 9. 432 more Drug Courts are still in the planning process, an important section of which is to be dedicated to 'Tribal Drug Courts'. 5

The funding for these programs initiated by the Drug Courts is borne to a large extent by the Congress (about $50 million). There has been considerable success in the inroads made into the problem of crimes committed by drug abusers, by the Drug Courts of the U.S.A. And more than 220, 000 adults, and 9,000 juveniles have managed to enroll, out of which 73,00 adults and 1,500 juveniles have graduated successfully from this program for drug abuse created as punishment by the Drug Courts. In the year 2002, a statistical report submitted by the NADCP- the National Association of Drug Court Professionals revealed that there were about 1,200 Drug Courts being planned by the U.S., revealing an increase of 7% in the growth and inception of such Drug Courts in the U.S.A. over the last two years. 6

5. International Drug Courts Developments, Models, and Effectiveness Retrieved at http://www.coe.int/t/E/Social_Cohesion/Pompidou_Group/3.Activities/4.Legal_Accessed on 03/24/2004

6. International Drug Courts Developments, Models, and Effectiveness Retrieved at http://www.coe.int/t/E/Social_Cohesion/Pompidou_Group/3.Activities/4.Legal_Accessed on 03/24/2004

The NACP is an organization that conducts meetings annually to discuss the latest issues in Drug Courts and to provide information and training to Drug Court professionals wherever needed. This association serves to educate and enlighten Drug Courts in the execution of their duties. The NACDP reveals the latest statistics about all the treatments given by the Drug Courts and their results in terms of the numbers of people who attend and graduate successfully. At the last estimate in the year 2002, the NADCP put the number of such people who enrolled as 230,000. This demonstrates the tremendous success of the implementation of these programs by the Drug Courts of the U.S.A. 7

The 'mission' or aim of a modern Drug Court can be effectively defined as a system that uses the coercive power of the country's judiciary to influence a person into curtailing and eventually stopping the abuse of drugs or alcohol, and, thereby, stopping such persons from indulging in criminal activities. The Drug Court may offer to, in exchange for a successful participation by the concerned person in a remedial program instituted by the Drug Court, dismiss the charges brought against the person, or set aside or reduce a sentencing, or even offer to reduce the penalty. The Drug Court may offer a combination of all the three as an incentive for a person to enter and graduate from this program. The traditional roles played by the AOD (alcohol and drug) treatment providers and practitioners of the criminal justice system have been changed on account of the Drug Courts. 8

7. International Drug Courts Developments, Models, and Effectiveness Retrieved at http://www.coe.int/t/E/Social_Cohesion/Pompidou_Group/3.Activities/4.Legal_Accessed on 03/24/2004

8. Background on Technology and Drug Courts. Retrieved at http://www.drugcourttech.org/background_1_2.html. Accessed on 03/24/2004

The judge is now the central figure or leader and he is in control of the accountability of the person undergoing treatment to remain stable and maintain sobriety throughout the course of treatment. The treatment providers are now left free to maintain the treatments and therapy necessary for the success of the program. It is their duty too to maintain communication with the Drug Courts about the progress of treatment and the resulting rewards and sanctions that would be awarded to the persons in the program. The stupendous success of the programs implemented by the Drug Courts of the U.S.A. may be due to, in large part, the strict implementation of rules and regulations to be followed by the drug users when they are within the program. The participant does follow the rules, of his own volition, and thus increases the effect of the program. 9

The rules are clear and stable and the participant's progress is measurable in terms of clear cut questions such as: did the person attend treatment or not, did he abstain from alcohol and drugs or not, did he appear in court when called upon or not, etc. After such evaluation methods, the results that are seen are immediately communicated to the leader or the judge, who immediately awards the necessary rewards or punishments to the participant according to the facts seen. A Drug Court of the U.S.A. has a set of key components that help it in its working. A Drug Court, for instance, has to perform a coordinated treatment in response to the offense committed by the drug user. This coordination would involve the team effort of a panel of judges, prosecutors, treatment and therapy providers, probation officials, and the general society as a whole. 10

9. Background on Technology and Drug Courts. Retrieved at http://www.drugcourttech.org/background_1_2.html. Accessed on 03/24/2004

10. Background on Technology and Drug Courts. Retrieved at http://www.drugcourttech.org/background_1_2.html. Accessed on 03/24/2004

The system of the Drug Courts is unique and valuable because it has the important function of influencing a person who has committed a crime under the influence of drugs or alcohol into agreeing to join a treatment plan that would be of benefit to him and his family. This influence on the offender is of tremendous importance and benefit since it is explained to him in the first moments after the arrest when the person is at his most vulnerable state. This serves to convince the offender to join the program and continue to be in it till the end, almost as if he had volunteered to join, himself. The next key component of a Drug Court is the fact that the prosecution and defense counsel, traditional adversaries, must coordinate their efforts and work together as one team with the judge as leader, to bring about the transformation of a habitual drug abuser into a rational human being. 11

The prosecutor must analyze the treatment of the offender and state whether he is suitable for the program or not. In this way, he safeguards the safety of the public. The defense counsel, on the other hand, must ensure the participation of the offender in the program and also evaluate his process rights. In case of non-compliance on the part of the abuser in the program, the prosecutor and the defense counsel must work together to deal with it in an effective manner that would be of benefit to the society as well as to the offender. The immense potential of the period of time after the arrest of an offender in influencing the person into taking up treatment for his AOD is demonstrated in the number of drug users who register in the program soon after their arrest, on the advice of their arresting officers. This fact is another component of the Drug Courts of the U.S.A. 12

11. Background on Technology and Drug Courts. Retrieved at http://www.drugcourttech.org/background_1_2.html. Accessed on 03/24/2004

12. Background on Technology and Drug Courts. Retrieved at http://www.drugcourttech.org/background_1_2.html. Accessed on 03/24/2004

The next factor is the continuity of treatment and rehabilitation offered by the Drug Courts. In fact, the treatment is begun as soon after the arrest as possible, in the courtroom, with the coordination and cooperation of judges, treatment providers, case managers and other officials. These people have the responsibility of seeing to it that the offender follows his mode of treatment religiously. The offering of awards and rewards or punishment and withdrawal of privileges must also be overseen by this team in order to achieve a successful impact on the offender. This team must also keep up with the drug user's use or misuse of the treatments offered to him. They must maintain the offender's state of abstinence by conducting regular tests on the person. This type of accurate testing of a person to check whether he has been using drugs or alcohol, in the recent past, proves to be a promoter of frankness and honesty among all the participants of the Drug Courts program. It also serves to involve the participant in the program fully, instead of him being just the mute recipient accepting of services rendered to him. 13

The next duty of the Drug Court is to organize a strategy that would, in effect, treat the person's return again and again to a habit that he cannot control or rule over: the use of drugs and alcohol. The program instituted by the Drug Courts aims at identifying the reasons behind the offender's cravings and his return to these harmful substances even after a long period of withdrawal and abstinence from such substances. The strategy helps the offender to develop the skills that are needed to fight these cravings and therefore helps him to overcome them to a certain extent. The offender learns to control his acute ambivalence towards treatment that a large number of drug users generally suffer from. The offender also learns to present himself for the treatment required by the Drug Courts by feeling himself rewarded or admonished for compliance and non-compliance respectively.

13. Background on Technology and Drug Courts. Retrieved at http://www.drugcourttech.org/background_1_2.html. Accessed on 03/24/2004

The next duty of the Drug Court is for the judge to play the important part of being the leader of the team effort. He must demonstrate his authority to the offenders. Often, tragically, this would be the very first time that an authority of the state would be showing his attention to the offender; in fact, this would be the first time that any body at all showed their affection or caring towards these deprived persons. This very act would put them onto the road to recovery in an effective manner. A Drug Court judge, therefore, should step out of his usual line of duty in order to encourage these individuals into recovering from their various addictions. He should also be knowledgeable about the various treatment methods being followed by treatment providers so that he could either appreciate or penalize appropriate or inappropriate behavior respectively. 14

Another objective of the Drug Courts is to build up an effective strategy based on perfect planning and the evaluation of the behavior of drug users. The program should list out all its long-term goals and demonstrate the ways and means of evaluating the results. This is in order to explain the procedures to the fund givers of the programs. All the staff involved, whether directly or indirectly in the program of the Drug Courts must be educated in the training methods to be used by the implementers of the program. This would help in building up discipline among the various people involved, such as court leaders, managers, judges, and other court personnel. In this way, every body involved in the program of the Drug Courts would be aware of the procedures and standards involved in drug testing methods and regulations. 15

14. Background on Technology and Drug Courts. Retrieved at http://www.drugcourttech.org/background_1_2.html. Accessed on 03/24/2004

15. Background on Technology and Drug Courts. Retrieved at http://www.drugcourttech.org/background_1_2.html. Accessed on 03/24/2004

The final key component in the functioning of the Drug Court of USA would be the necessity of the court to develop and forge coalitions between different organizations like private organizations, public criminal justice officers, and treatment providers of AOD. This sort of coordination provides a continuum to the abuser and to the general society in the evaluation and treatment of drug and alcohol abuse. This also helps to restore faith of the public in the Drug Court system of fighting and also helping drug abusers and offenders. These, then, are the various key components of any Drug Court program, as defined by the Department of Justice of the United States of America. 16

The different states of the U.S.A. differ in the concept and treatment of drug offenders. No two are alike in their treatments and the Drug Court of every state does differ in its objectives and the offender population that has been identified as needing treatment. For example, in the state of Alabama, three Drug Courts exist at present in Mobile, Birmingham, and Tuscaloosa. The Administrative Office of Courts has been successful in planning and implementation of the program for treatment of offenders of drugs and alcohol, so successful, in fact, that other counties have also started researching into the ways and means of planning such programs under the guidance of the judicial system of the county. 17

16. Background on Technology and Drug Courts. Retrieved at http://www.drugcourttech.org/background_1_2.html. Accessed on 03/24/2004

17. Martin, Ramsay. Drug Courts in Alabama Retrieved at http://www.fayette.net/court/drugctmr.htm. Accessed on 03/24/2004

In Alaska, however, there are several Drug Court projects that are under implementation. Some of these are: Federal Drug Court, Anchorage, started in 2001. This court handles all felony charges against a person who has committed the crime under the influence of drugs or alcohol. The offenders would have to participate in a three-tier program for curing them of the addiction and placing them in society as productive individuals. The second one is the Federal DWI Court, Anchorage, 2001. 18

This court deals with those offenders who committed 'driving while drinking' offenses. The third court to combat offenses committed by drug abusers is named Wellness Court, Anchorage and Juneau. This court, like the previous one, deals with 'drinking and driving' offenses. The treatment involves the offenders agreeing to take the prescription drug Naltrexone, which is capable of reducing the craving for alcohol in the participants of the program. All these courts require the continuous monitoring of the offenders by the judges and other officials involved in the case so that the participant can emerge cured of his addiction.

The burning need for handling drug offenders in an effective manner so that they would come to no harm, and also in a way that the society in which these offenders live accepts them and treats them as capable human beings is the propelling factor for the foundation of Drug Courts 49 of the 50 states of America, and also in the District of Columbia, Puerto Rico, Guam, and in some parts of Tribal America. 19

18. Drug Courts. Justice Center Web Site. University of Alaska Anchorage. Retrieved at http://justice.uaa.alaska.edu/rlinks/courts/drugcourts.html. Accessed on 03/24/2004

19. Drug Courts. Justice Center Web Site. University of Alaska Anchorage. Retrieved at http://justice.uaa.alaska.edu/rlinks/courts/drugcourts.html. Accessed on 03/24/2004

What is the exact cause of the popularity of these Drug Courts? The main reason may be the 'human element' in the program whereby the offenders are made aware of the extent of their abuse by an authoritative figure, in this case, a judge, who also shows that he actually cares for the offender by following the results of the implementation of the program for curing them of their addictions. They see the judge as someone who genuinely cares for their welfare and this prompts them to start de- addicting themselves voluntarily. 20

More than 140,000 drug abusers have attended the program for the treatment of drug abuse and more than 70% of these people have either completed their treatment or are still enrolled. This is a figure that is much more than that achieved by traditional de-addiction methods with a very low success rate wherein the abuser cannot stay 'clean' and 'sober' for a very long time; it is not within his control, lending truth to the saying -once an abuser, always an abuser.

The participants of the Drug Court program for de addiction come from all sections of society; about two thirds are the parents of young, minor children, and about 10% are old hands at the game of substance abuse and treatment for such abuse. Such people are never cured of their addiction, as they don't follow their de addiction treatments in the manner in which it should be followed. More number of men than women takes part in the Drug Court programs, and most of the participants are multi-or poly drug users. 21

20. Looking at a decade of Drug Courts, Introduction. (1999) The Drug Court Clearinghouse and Technical Assistance Project. June, Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

21. Looking at a decade of Drug Courts, Introduction. (1999) The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

Some of them have never attempted treatment for their addiction and have lived a comfortable life away from the reach of criminal justice till then. In the traditional method of treatment for drug adduction, the criteria for being called a cured person depends on the amount of time a person can stay 'clean'. In the treatment method offered by the Drug Court, however, this is but a first step towards progress. The treatment usually continues even after the participant graduates. He will be required to attain a high school education or a GED certificate and remain in a state of employment in a way that would help support his family. These objectives are usually achieved with the help of a sponsor or a benefactor who will help him through his education. 22

The participants of the program are also obliged to return something of what they were able to get from the society and this is why they are usually gainfully employed in some sort of social service activity that would help others less fortunate than him. One particular Drug Court even asks the graduates of the program to prepare and present a two-year 'life-plan' wherein he presents a program that he would utilize in the future to remain drug free and therefore crime free. The outcome of the program of the Drug Court has far surpassed expectations and more and more participants are able to remain drug free and give birth to drug free children, keep up stable jobs and find gainful employment amongst the many offices of society, and generally lead better lives than they were able to lead before the treatment of their drug addiction by the Drug Courts. 23

22. Looking at a decade of Drug Courts, Introduction. (1999) The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

23. Looking at a decade of Drug Courts, Introduction. (1999) The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

What are the different approaches to the proven beneficial treatment used by the Drug Courts? The traditional approach to the problem of drug use by offenders stops at measuring the extent of abuse at the time of arrest and lacks further evaluations of the offender. This is a wrong way to approach the problem and the method of following the person even after his release from treatment procedures and making sure that he follows the several opportunities offered to him by the state is the correct one and has resulted in a great many people benefiting from these treatment procedures of the Drug Courts. 24

The Drug Court tests the offenders while they are under arrest for some offence, for drug use on a weekly basis. Weekly reports are provided to the judge, the leader of the program, who either condemns or rewards them for their misbehavior or behavior respectively. This influences the offenders into abstaining for more lengths of time than they were able to do previously and this also helps them in the future when the rate of maintaining abstinence is excellent.

The problem of 'recidivating' is more often seen in traditional methods of treatment of addictions wherein the number of persons arrested for drug abuse who would be arrested for the same offense within the next two years is an astonishingly high 50%. This shows that the punishment method of the drug users that was undertaken by traditional courts was totally ineffective. In the system followed by the Drug Courts, on the other hand, there is evidence of a dramatic decrease in recidivism. 25

24. Looking at a decade of Drug Courts, Introduction. (1999) The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

25. Looking at a decade of Drug Courts, Introduction. (1999) The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

This fact is confirmed by the traditional urinalysis system for measuring the level of drug abuse among participants, which has shown as over 90% negative! This reinstates the fact that reduction in drug abuse also results in reduction of indulgence in criminal activities. Supervision of offenders is an important factor for the prevention of recurrent drug abuse. In the traditional judicial process, supervision consisted of a weekly reporting to a pre- trial agency, usually 60 to 120 days after the offender's arrest and after the process of conviction, a monthly reporting to the authorities concerned. 26

The justice system involves itself in these matters only if there is a repeat offence committed by the offender and thereafter there is no treatment or therapies offered to the arrested offender. The Drug Courts, however, see to it that such problems are avoided. Both supervision and monitoring of the offender are constantly offered and the treatments offered are also immediate and effective. The offenders are brought under the Drug Court's supervision immediately after his arrest and the treatments are offered soon thereafter. The treatment would typically last for 12 to 15 months during which the offender would be constantly supervised by the judge and other authorities concerned. The drug abuser would have to undergo random urinalysis tests to check the level of drug abuse by the offender in the recent past. Court hearings would be fixed for particular times and failure to report would entail the execution of bench warrants within hours. 27

26. Looking at a decade of Drug Courts, Introduction. (1999) The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

27. Looking at a decade of Drug Courts, Introduction. (1999) The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

Offenders arrested on charges of drug abuse often find themselves incapable of adhering to any sort of treatment methods for a long period of time. They find that they cannot refrain from using drugs and commit similar offenses again and again. They are often never arrested, and if they were, they would be sunk in an offense of probation violation, and punishment for it, and the punishment for the new offense that has landed him in jail the second time. This goes on and on in a repeated cycle wherein the offenses committed by the offender keeps increasing and the punishments given for these offenses grow day by day. In the modern system of justice offered by Drug Courts, the offender is never very far from the judicial system.

The complete recovery of the participant is sought and to this attempt, there are constant hearings fixed for the participant, and the frequent monitoring of drug intake by supervisors of the Drug Court through the process of urinalysis is conducted.

Any breach in the strict laws laid out by the Drug Courts is immediately noticed and reported and treatment is increased accordingly. Undertaking of more community services is enforced on the offenders and 'shock incarceration' is often resorted to by judges to enforce offenders into compliance with rules. In some extreme cases, where offenders are seen as becoming a threat to the general public, they are effectively removed from the program and sent to the traditional adjudication methods where treatment is severe. The relation between drug users and social dysfunction has been an acknowledged fact by courts over many decades. The problem lies in the fact that there has been nothing done or no attempt taken to correct the root cause and then correct the dysfunctions. The traditional court would not bother itself with these problems when sentencing an offender. They would refer them to a treatment program or class, where treatment would not be followed and the same offenses would be committed by the same person again and again. 28

28. Looking at a decade of Drug Courts, Introduction. (1999) The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

The Drug Court uses follow up methods that would address the innate problems of the offender and treat them according to the methods researched and proven by a team of experts. The offender would, therefore, be able to make an entry into the real world and live on the particular skills developed by him while in the Drug Court Program for long-term rehabilitation. He would also have acquired a mentor or guide with whom he is expected to maintain a relationship after graduation from the program. These then are the different approaches of the treatment techniques utilized by the Drug Courts of the U.S.A. that have proved their value in the number of drug users who have been able to remain clean and sober after undergoing the treatment offered. 29

Just as there are a vast number of drug users from diverse backgrounds and ages and needs, so also is the Drug Court's addressing of these different needs of different individuals vast and even, in some cases, tailor made for each person. The abuser and offender may be a mother, or a father, or a child, or a pregnant woman, or a person who has undergone sexual abuse, or belong to a different ethnic group or tribe. These people may have different needs and it may not be possible to follow the same line of treatment for all these individuals. This is where the superiority of the Drug Courts is evident. The important question of physical as well as mental health and well being of the abusers is also taken into account and dealt with by the Drug Courts. Public health services such as screening for the dreaded HIV virus and TB infections are conducted on a regular basis, amongst other treatments that would require a doctor and a nurse to be present. The mental health of the offender, which could have been damaged as a result of continued drug abuse over the years, is also treated by some of the Drug Courts with a combination of medicines and therapy.

29. Effectiveness of the Approach. (1999) Looking at a decade of Drug Courts. The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm#IntroAccessed on 03/24/2004

The total rehabilitation of the offender is also given a great deal of attention and facilities like housing loans; educational degrees and certificates are offered to the abuser. Such long-term rehabilitation generally stops the offender from committing more crimes related to his drug abuse and also curtails recidivism to a large extent and herein lies the success of the Drug Courts. The target population of the Drug Courts is usually the first time abusers and chronic recidivists. Recidivists are generally those individuals with a long history of drug abuse and chronic dependency. Such persons are poly or multi-drug users and they have been drug dependent for the most part of their lives. They indulge in a lot of criminal activity to feed their drug habits. The Drug Courts aim at treating such persons so that they may eventually become useful and productive citizens of the U.S.A. 30

The methods used are generally those of rewards for following the treatment faithfully and not abandoning it midway. The rewards may be a suspension of the criminal's sentence, or a drastic reduction in probationary time. The offender may view this as an incentive for continuing treatment in the Drug Courts and this is exactly the plan of treatment for these people. Most drug users are addicted to 'crack' or 'cocaine'. Some use 'marijuana' and some use 'heroin' and these are more deadly drugs than the others. In addition to these drugs, there is a significant amount of abusers using methamphetamine as a drug. 31

30. Primary Services being provided. (1999) Looking at a decade of Drug Courts. The Drug Court Clearinghouse and Technical Assistance Project. June Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

31. Primary Services being provided. (1999) Looking at a decade of Drug Courts. The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

Alcohol is also used by a lot of participants of the treatment program. The Drug Courts prohibit the use of any of these drugs and tests are repeated often and regularly on participants and usage is met with punishments such as withdrawal of privileges. Children as young as 8 years of age have been admitted into the program and these children find it difficult to give up their addictions easily. Alcoholism and the use of methamphetamine as inhalers are often noticed in such cases. The juvenile Drug Courts deal with children drug abusers and the range in age is from 8 to 12. 32

The issue of child and adolescent drug abuse has been given a lot of thought by the experts in the field. That this is a field that needs special attention and needs to be classified, as a clinical specialty, is a matter that needs no clarifications. It needs a whole new different set of theories and guidelines and studies in order to enable it to be applied to the young adolescents and children. All the people who are in close contact with these young children are required by the state to participate in any program for the treatment and cure of drug abuse and addictions. These people may be the parents or teachers or counselors of the child. The understanding of the drugs that the children use as well as of the different treatments that may be used in the cure is generally of great help in treating the drug abuse of the children of the U.S.A. 33

32. Primary Services being provided. (1999) Looking at a decade of Drug Courts. The Drug Court Clearinghouse and Technical Assistance Project. June. Retrieved at http://www.american.edu/academic.depts/spa/justice/publications/decade1.htm. Accessed on 03/24/2004

33. Howard. A, Liddle. Adolescent Substance Abuse. Retrieved at http://www.athealth.com/Practitioner/particles/interview_howardliddle.html. Accessed on 03/24/2004

The treatment offered by any Drug Court of the U.S.A. is based on effective treatment methods that are scientifically based. The National Institute of Drug Abuse instituted in 1999 is the basis for the principles of the Drug Courts. The Drug Court Key Components and the Performance Benchmarks are the standards generally adapted by the Drug Courts in their treatments. The variety of treatment offered under these basic guidelines may be classified under several different headings. These are: detoxification, where the abuser undergoes a process of abstinence and thus gets rid of all the harmful toxins in his body that are present because of his persistent use of drugs. After undergoing this process, he is clean and sober, a requirement of the Drug Courts for the person to graduate from the treatment program. Alcohol and other drug education is another method that the Drug Courts use to treat the drug abusers who have committed a crime due to ignorance of the harmful effects of drug abuse. Educating these people on the harms of drug abuse is the first step in their treatment. Methadone maintenance is also an effective strategy adopted by the Drug Courts.

This is a process wherein the drug Methadone is administered to heroin addicts to keep them away from other drugs. This act, though it did come under a lot of criticism, has been successful in keeping addicts under control. The drug is taken orally, as opposed to the drugs to be taken intravenously, giving rise to infections caused by sharing an infected needle or syringe, and this contributed in a large part to its continued use by Drug Courts (The Demedicalisation of Methadone Maintenance.) The hitherto unused and untried out method of treatment by Drug Courts is the traditional Acupuncture treatment that is now being offered as a part of drug abuse treatment. Acupuncture is generally offered as an adjunctive treatment for all types of drug abusers and has been proven to be a safe and cost free and drug free treatment for the participants of the Drug Court program for the de- addiction of drug abusers. 34

34. The Demedicalisation of Methadone Maintenance. (1995) Journal of Psychoactive Drugs. 27: pp. 145-149. Retrieved at http://www.lindesmith.org/library/tlcdemed.cfmAccessed on 03/24/2004

The Acupuncture treatment is effective in curing abusers in a non-verbal way in which no stress is laid on the abuser in the initial stages of recovery where communication is not present. The benefits of Acupuncture cannot be easily measured and this enables users of this treatment to take it in slow and easy steps over a longer period of time than the other methods. 35 Some Drug Courts may use pharmacological treatments for their patients. For example, the drug Naltrexone is used on alcoholics in combination with certain coping skill training methods whereby the alcoholic would not only be able to kick off his alcoholism but would also be able to maintain his state of abstinence over a long period of time, maybe forever. 36 Certain prisons use effective drug abuse treatment methods under the guidance of the Drug Courts for the prisoners who need such treatments. For example, in the prison in Delaware, the treatment offered is a three stage correctional system wherein the prisoners involved undergo treatment throughout their prison term.

The three stages are incarceration, a work release, and a final parole. The perspective of treatment is that the drug abuse affects the person; the major problem faced by the abuser is himself and not the drug that he has been abusing, and that the addiction is a symptom of drug abuse and not the whole disorder, and all the negativity of the abuser in terms of behavior and thinking must be changed completely in order to deal effectively with the problem. 37

35. Alex G. Brumbaugh. Why Drug Courts Work. Retrieved at http://www.silcom.com/~alexb/drugcrts.htm. Accessed on 03/24/2004

36. Naltrexone, Coping Skills prevent Relapse. Retrieved at http://www.jointogether.org/sa/news/summaries/reader/0%2C1854%2C547589%2C00Accessed on 03/24/2004

37. James A. Inciardi; Steven S. Martin; Clifford A. Butzin; Robert M. Hooper; Lana D. Harrison. (1997) An Effective Model of Prison-Based Treatment. Journal of Drug Issues, spring. Retrieved at http://www.udel.edu/butzin/articles/jdi97.html. Accessed on 03/24/2004

In addition to all the treatments offered by the Drug Courts, the theory of 'self-help' treatment as being the best for drug abusers is also followed by the Drug Courts. Self-help programs serve to complement the results that a professional treatment for drug abuse has achieved. Most of these programs encourage participants to take part in self-help group therapy both during their course of treatment and also during the time period after it. Some of the more efficient self-help programs are those that have collaborated with other groups such as Alcoholics Anonymous, Narcotics Anonymous, and Cocaine Anonymous. Most of these programs follow the 12-step model of working. 38

The fact that addiction is a chronically recurring disease is well-known by treatment providers as well as caregivers of drug abusers. Therefore, prevention of such recurrences or relapses as they are better known as is one of the important methods of continued treatment for drug addicts and alcoholics. According to the available statistics on the subject of relapse, almost 54% of individuals who have been treated by the Drug Courts can be actually expected to have a relapse within a particular time frame, and more than 61% can be expected to suffer multiple relapses. The key to prevention of such relapses is the continued guidance offered by treatment providers and therapists of the Drug Courts. 39