Drug abuse is one the fundamental social problems that every society has struggled in vain to find a lasting solution to however; its complex nature has made every attempt a flop. The solutions to the drug abuse among the various age groups of the societies with the youths being the one affected the most have led to the diversified thoughts on bringing the challenge to rude end. Of all the solutions, the use of probation, with mandated participation in an appropriate treatment programme, seems quite viable especially for those convicted of drug use (Walshe, 2012). The use of probation as means of punishment for drug-use offender justices the true duty of the justice system in which its function is not limited to convicting offenders and sending them to incarceration canters but offering a corrective meaning through which offenders are able to reinvent themselves and make use of their resources and energy as well as learn to do the right thing with coercion (Walshe, 2012).
Drug abuse is a unique case of crime before any law whether such drugs are outlawed or not, this is because of the use of borders more on personal choice and rights. Therefore, while the use such outlawed drugs may call for punishment as stipulated by law, the conviction or any other means of punishment other than probation may offer a lasting solution to the ravaging effect of drug abuse (Walshe, 2012). The advantage of using probation for drug convicts is that their problem is more of psychological and social based such that when they are excluded from the society, chances are that they are not likely to reforms. Moreover, considering that “probation is intended as an alternative to incarceration for eligible offenders not deemed a threat to public safety” (Walshe, 2012) the drug use offenders deserves it because their presence in the society does not jeopardize the peace or well-being of the people.
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Secondly, probation offers cheaper means of administering justice and correction to those who violate the law. Consider that “the average daily cost of supervising a probationer in the fiscal year 2008 was $3.42, while the average daily cost of keeping an inmate in prison is $78.95” (Walshe, 2012). Based on the nature of the offense it would be unreasonable of for the drug use convicts to serve their term behind for their petty offense while it is cheaper and effective to put them on probation whereby is not cost effective and but also gives them a chance to continue their lives as they try to recover and reforming from their social misfit characters. Additionally, probation helps in avoiding creating more social problems in the event that convict was a breadwinner with several persons depending on them.
The use of probation with mandated treatment programme will be instrumental in shaping in nurturing the moral values and characters that the society envisages. This is because most drug users are usually convicted while they have already become seriously addicted such that punishment such as incarceration may not help them but rather worsen their health situation as they are rudely cut off from the usual pattern the immune system is used. The use of mandatory treatment will not help in treating the victims but also equally important, it will resonate well with Judge Steven Alm thinking of Hawaii’s Opportunity Probation with Enforcement program (Hope), “which has proven to be a highly effective means of reducing recidivism and getting offenders off drugs” (Walshe, 2012).
Therefore, to mitigate the effect of drug use, the justice system must approach the judicial question involving the drug use offenders with a wide view intended not only to fulfill the constitutional obligation of observing the law but equally important, help the victim recover from their addiction.
Reference
Walshe, S. (2012, April 26). Probation and parole: a study in criminal justice dysfunction | Sadhbh Walshe. Retrieved January 15, 2018, from https://www.theguardian.com/commentisfree/cifamerica/2012/apr/26/probation-parole-study-dysfunction
