Drug courts are court programs that have specialized in the try criminal defendants and offenders, juvenile offenders, and parents with pending child welfare cases who have alcohol and other drug dependency problems. They were first introduced in the United States in the late 1980s to find a sustainable alternative to incarceration for people who have committed drug-related crimes and have shown signs of drug addiction (Social Science Research Council, 2018). The first court was set up in Florida as a pilot by Dade County in response to the influx of drug-related court cases and a subsequent increase in the number of prisoners held for minor drug-related offenses. The many cases resulted in a congested criminal justice system, prison overcrowding, and high recidivism rates.
Drug courts are now more popular due to the increase in the prison population and the emerging consensus that criminal law is not a good option to address the rising drug problem. They have also evolved significantly since they first appeared, with different forms being adopted around the world. The drug courts are run by a multidisciplinary team made up of judges, social workers, prosecutors, defense attorneys, and treatment service professionals. Stakeholders in law enforcement support the teams while the family is encouraged to participate during hearings (Guzman, 2012). Drug courts around the United States vary in the program formulation, eligibility criteria, and services, all of them have a comprehensive framework that works as follows:
Delegate your assignment to our experts and they will do the rest.
Legal Framework
Two models of drug courts exist; the deferred prosecution program and the post-adjudication program. In the deferred prosecution setting, which is also referred to as the diversion setting, the defendants who meet a specific set eligibility criterion are diverted to a drug court before taking plea. The defendant isn’t required to plead guilty after completion of the drug court program means that the prosecution is halted while failure to complete the program results in trial. The alternative model, the adjudication model, requires the defendants first to plead guilty, after which their sentences halted or suspended on condition that they participate in the treatment program. A defendant who completes the program gets waived sentence or the offense expunged. Failure to meet the requirements of a drug court results in facing sentencing at the criminal court on a guilty plea.
Eligibility Criteria
Eligibility criteria for different drug courts vary, but the defendants must have been charged with possession of drugs or a minor offense and have been found culpable of drug use or have a drug addiction problem at the time of the arrest. Drug courts that receive grants from the Bureau of Justice Assistance are required to exclude persons with a history of violent offenses.
Graduated sanctions and incentives
The drug court programs run for between six months and one year though most participants stay for more extended periods. The participants must complete the program and graduate or risk being sentenced. Successful completion is contingent upon remaining substance-free and away from legal offenses for a specified amount of time. The defendants are required to frequently show up for hearings with the judge and the support team, who monitor and supervise every individual’s progress.
Treatment
The basic idea of drug courts is to give low-level offenders some treatment for a certain period. The element is based on the assumption that drug dependence is one of the factors that accelerate crime commission, and the treatment reduces the probability of occurrence of legal offenses. When a person undergoes treatment, stops using drugs, and fails to go to prison, they are better placed to re-integrate into society and get a certain level of stability.
Importance of Drug Courts
The primary purpose of drug courts is to offer an alternative to imprisonment for individuals who have committed minor drug offenses and have depicted substance use and dependence signs. The drug offenders are able to receive the treatment they need to overcome their addiction. The strict supervision and monitoring in drug courts prevent the offenders from slipping back to addiction. The other objective is to provide a solution to prison overcrowding, criminality, and recidivism. Participants who complete the drug court treatment program are less likely to commit other crimes and enable them to seek employment and attain a degree that gives them a platform to achieve financial stability and virtuous lives. The drug courts also bridge the gap between the judiciary, law enforcement institutions, and treatment communities with other systems and provider organizations by providing a comprehensive case management system that addresses other needs such as education, employment training, and mental health programs. The drug courts help save taxpayers money by reducing victimization and reduced healthcare costs. An additional benefit of drug courts is that they help restore families by reducing the time children of the offenders spend in out-of-home placements such as foster care. The family drug courts provide valuable assistance to such families to help them move past the substance abuse.
Genesee County (Michigan) Drug Court
The Genesee County Drug Court is also referred to as the 7 th circuit court of Michigan State. It operates several specialty courts designed to address the underlying reasons that individuals find themselves in a court case. The courts are usually in session every Monday. It is funded by grants administered by the Michigan Supreme Court that provide supplemental resources for the court (“Drug Court”, 2021). The drug court secured a federal grant through the Substance Abuse and Mental Health Services Administration that would provide $ 400,000 annually for five years since 2019 (Acosta, 2019). The specialty courts apply new strategies to deliver services that should be explored to allow individuals and families to regain their place in the community. The model used by the Genesee Specialty Courts is referred to as ‘therapeutic jurisprudence.’ The specialty courts are:
Family Dependency Court
Juvenile Drug Court
Hybrid DWI Drug Court
Infant and toddler treatment court
Truancy court
Adult Felony Drug court
Comparison between Genesee County Drug Court and Hillsdale County Drug Court
Genesee Drug Court
The Genesee Drug Court is an intense form of probation that includes drug tests and regular counselors’ meetings (“Problem Solving Courts,” 2021). The participants must consent to random drug testing, regular updates, and hearings with the court and take part in group therapy sessions.
Hillsdale Drug Court
The Hillsdale drug treatment court helps offenders by targeting prevention and helping addicts recover. The participants that go through the treatment court are required to consent to a monitored curfew, random drug testing, surprise house visits, and undergo therapy sessions for up to two years (Murray, 2021). The treatment court also offers therapy and counseling for the participants. The Hillsdale court also receives grants to fund the treatment program (Murray, 2021). Most of the funding comes from the US Justice Department, while the State of Michigan provides the rest.
Similarities and Differences between the Genesee Drug Court and the Hillsdale County Drug Court
The Genesee Drug Court and the Hillsdale County Drug Courts are both located in Michigan State. The Genesee Drug Court is referred to as the 7 th circuit court, while the Hillsdale court is the 1 st circuit court of Michigan. They both receive funding to sponsor the treatment program, which involves random drug testing, surprise house visits, and therapy sessions for the participants. The program can be referred to as a more intense form of probation. However, the Hillsdale drug court has the family dependency court and the Adult Felony Court, while the Genesee Drug Court is more diverse with more courts.
References
Acosta, R. (2019). Drug court gives addicts hope, gets $2M grant . mlive. Retrieved 11 April 2021, from https://www.mlive.com/news/flint/2019/05/drug-court-gives-addicts-hope-gets-2m-grant.html.
Drug Court . Courts.michigan.gov. (2021). Retrieved 11 April 2021, from https://courts.michigan.gov/administration/admin/op/problem-solving-courts/drug/pages/default.aspx.
Guzman, D. (2012). Drug courts: Scope and challenges of an alternative to incarceration . London: International Drug Policy Consortium
Murray, C. (2021). 5 graduate from drug treatment court . Hillsdale.net. Retrieved 11 April 2021, from https://www.hillsdale.net/story/news/2020/07/08/5-graduate-from-drug-treatment-court/42786195/.
Problem Solving Courts . 7th Judicial Circuit Court. (2021). Retrieved 11 April 2021, from https://7thcircuitcourt.com/specialty-courts/.
Social Science Research Council. (2018). Drug courts in the Americas . New York: Social Science Research Council.
