The purpose of this literature review is to prove that drug court programs are an effective alternative to incarceration for people struggling with substance abuse issues. According to the Bureau of Justice statistics seventeen percent of prisoners at the state level were incarcerated due to drug related crimes. Eighteen percent of federal cases were related to drugs (Bureau of Justice Statistics, 2004). According to Lutze and Van Wormer the drug court model was formulated in response to the revolving cycle involved with substance addiction and crime. This model incorporated many different aspects of the judicial system such as judges, lawyers, probation officers, and social workers as well as traditional substance abuse treatment concepts.
Data from The Sentencing Project shows that “African Americans use drugs at a 9.7% rate. This is considerably higher compared to 8.1% for whites and 7.6% for Hispanics” (King., Mauer, p.18, 2007). This is one of the reasons why African Americans are a primary target when it comes to drug policies and sentencing laws. This makes this group more inclined to be arrested compared to other races. Especially because, “African Americans make up 14% of the nation’s monthly drug users, they also represent 37% of individuals arrested for a drug offense, and 56% represent individuals in state prison for a drug conviction” (King., Mauer, p.20, 2007).
Drug abuse can rewire brain connections, decrease synapse activity and cause addiction. The American Psychiatric Association says that addiction is a complex condition, and a brain disease that is manifested by compulsive substance use despite harmful consequence. The National Survey on Drug Use and Health (NSDUH) found that 21.5 million American adults (aged 12 and older) battled a substance use disorder in 2014. Addiction to drugs has been a growing issue in America, and is causing jails to become overcrowded. The Bureau of Justice Statistics found that more than half of federal prisoners were incarcerated for drug crimes in 2010.
One theory that can explain the topic of Mass Incarceration is that people are being sent to jail more and more for a longer period of time. Also, there is an obvious and high rate imprisonment within the community of color. For many years we have been told that the number one reason for increasing rates of incarceration is due to the war on drugs but in recent years we are learning through statistics that it not just drugs. Legislating has passed many new and tougher sentencing laws over the past 35 years. To explain prison growth, in state prisons 90 percent of prisoners only about 17 percent of incarcerated are due to drug offenses.
It is a compromise to the right to a jury trial and provides advantages for the prosecutor as well as the defendant. It saves time and resources that would be required in a jury trial and reduces the risk of uncertain sentences on trial. Arguments against its use provide that it is unconstitutional because it deprives the defendant the right to the due process of the law. However, the use of plea-bargains has become an important part of the criminal justice system as it allows for the prompt disposition of
Drug use and crime are directly related. Drug use causes crime, and crime causes drug use. 64% of American inmates used drugs regularly and 21% are serving sentences for drug related crimes. In 2007, 5,477 people were found guilty of crack & cocaine related crimes. Only 2% of drug abusers entered substance abuse treatment.
Over the past century, all types of gun control laws have been enacted in different parts of the United States. Everything from purchase restrictions to complete gun bans has been tried. The gun restriction laws have not worked, and in some cases have had the opposite effect from what was intended. There is still murder in the places where guns are not allowed. A vast majority of mass shootings occur in gun-free zones (Bandler, 2016).
(2012), on local jail inmates, “ 15.4% of them have been tested positive for illegal drugs and an additional 12.1 % has been tested positive for a combination of illegal drugs and alcohol.” US Department of Justice states, “Criminals commit six times more homicides, four times assaults, and almost one and a half times as many robberies under the influence of drugs.”(Carson, E.A & Sabol, W.J., 2012). This statistics shows us that often drugs contributed to the act of violence and irrationality in committing crimes. If drugs were legalized, there could be then a higher possibility for having more people in society committing crimes. Therefore, legalizing drugs could maybe increase addiction and number of consumers and by this way increase drug-induced
Seeing that these decisions are based on previous judgments, people will know what to expect since there is already a degree of predictability. It is more convenient and practical to follow this procedure through. • Common law can alter to new issues as they appear. Namely, the court can dictate on a new matter there and then, it doesn’t have to wait for a new law to be conceded. • There is definite efficiency as compared to a procedure that does not follow a precedent based system.
“During the last three years, there were over 16,398 verified violent gang crimes in the City of Los Angeles. These include 491 homicides, nearly 7,047 felony assaults, approximately 5,518 robberies and just under 98 rapes” clames the Los Angeles police Department. To summarize a lot of things that happens in books still goes on
In today’s world there are countless crimes committed every single day. “In 2015, there were 1.42 million total arrests, at a rate of 3,641 arrests per 100,000 residents” (State of California, Department of Justice). Grown adults are not the only people being arrested every year, there are also juveniles, children, being arrested every day. One topic of controversy today is whether or not juveniles who commit these crimes should be tried as adults in criminal court. There are many differences between the justice system for adults and the justice system for juveniles.
During the 1970s and 1980s, the use of illegal drugs was growing; which undertook a war on drugs. As of June 2001, there were a total of 697 drug court programs, serving around 226,000 offenders and another 427 programs being planned (Office of Justice Programs, 2001). The drug court can be seen as a social movement to crack down on drugs. Although the drug court model continues to evolve, there are some key components. Some of these key components are, a non adversarial approach that emphasizes teamwork; eligible participants are defined early and promptly placed in the drug court program; and abstinence is monitored by frequent alcohol and drug testing, and so on.
In almost three-quarters of the deaths recorded between 2000 and 2012, alcohol was involved, said Jennifer Pilgrim, a researcher from the department of forensic medicine at Monash University. The increase in occurrences of alcohol- and drug-fuelled attacks has led to the New South Wales government instituting the ‘king-hit’ law. 2. There are many instances where king hit attacks have led to the
The Anti-Drug Abuse Act of 1986 was a law that was signed by President Ronald Reagan on October 27, 1986. This law was what officially began the all-out war on drugs that is still being fought today by local, state and federal law enforcement agencies across the United States and internationally. This particular Act has been one of the leading cause of mass incarceration of both men and women in America. The prison population has almost quadrupled since 1980 to 2000 due to strict laws against drug dealers, drug traffickers, and users. Each year, the overall prison population surpassed the 1 million mark (Lurigio & Loose, 2008).