CRIMINAL JUSTICE ALTERNATIVES FOR DISPOSITION OF DRUG ABUSING OFFENDER CASES - DEFENSE ATTORNEY

• NCJ Number: 58147
• Author(s): J L WILLIAMS; M KOTLER; J ROSS; L P CANNADY
• Date Published: 1978
• Length: 61 pages
• Contract Number(s): 271-77-1204
• Sponsoring Agency: Lawrence Erlbaum Assoc
• Corporate Author: Lawrence Erlbaum Assoc; Macro Systems, Inc
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

ONE IN A SERIES OF THREE REPORTS ON CRIMINAL JUSTICE ALTERNATIVES FOR DISPOSITION OF DRUG OFFENDER CASES, THIS MONOGRAPH IDENTIFIES THE DECISIONMAKING POINTS THROUGHOUT THE SYSTEM WHERE DEFENSE ATTORNEYS MIGHT INTERVENE.

Abstract

THE FOCUS IS ON DECISIONMAKING POINTS IN THE PROCESS WHICH OFFER THE OPPORTUNITY FOR ALTERNATIVES TO INCARCERATION AND REFERRAL TO COMMUNITY-BASED TREATMENT PROGRAMS THAT SUSTAIN RATHER THAN CHALLENGE PREDOMINANT COMMUNITY VALUES AND ATTRIBUTES. THE DISCUSSION BEGINS WITH A BASIC FRAME OF REFERENCE DESCRIBING THE COMMON ELEMENTS OF THE CRIMINAL JUSTICE PROCESS (ARREST, BOOKING, FILING OF CHARGES, INITIAL COURT APPEARANCE, ETC.) AND THEN IDENTIFIES A VARIETY OF OPTIONS BEING USED AND THEIR PARTICULAR ADVANTAGES AND DISADVANTAGES. INTERVENTION OPTIONS INCLUDE POLICE INTERVENTION BASED ON POLICE OR PROSECUTOR RULEMAKING, POLICE OR PROSECUTOR INTERVENTION AT THE STATION HOUSE, PRECHARGE INTERVENTION, CONDITIONAL RELEASE, POSTFILING CASE INTERVENTION WITH OR WITHOUT PROSECUTOR CONCURRENCE, PLEA-CONDITION INTERVENTION, CASE INTERVENTION PRIOR TO FINDING OF GUILT, PRESENTENCING CASE INTERVENTION, SUSPENDED SENTENCING WITH TREATMENT, ETC. THE DEFENSE ATTORNEY PLAYS AN IMPORTANT ROLE IN OBTAINING BOTH A FAVORABLE DISPOSITION AND ONE THAT IS BEST SUITED TO THE CLIENT'S NEEDS. DEFENSE ATTORNEYS MIGHT TRY TO PERSUADE CLIENTS TO ENTER TREATMENT OR TO SUBMIT TO DRUG ASSESSMENT, MOVE FOR RELEASE WITH REQUIRED TREATMENT BEING A CONDITION, INFORM PRETRIAL SERVICES, PROBATION, ETC., OF THE ACCUSED'S DRUG ABUSE EARLY ON, AND REFER CLIENTS TO SELECTED DIVERSION PROJECTS. PROCEDURES FOR IMPLEMENTING INTERVENTION OPTIONS (IDENTIFICATION OF THE ABUSER, DETERMINATION OF ELIGIBILITY FOR DIVERSION OR TREATMENT INTERVENTION, ASSESSMENT OF CLIENTS' NEEDS AND DEVELOPMENT OF TREATMENT PLANS, DETERMINATION OF LEGAL ACTION AND IMPOSITION OF CONDITIONS, AND MONITORING AND REWARDING SUCCESSFUL COMPLETION) ARE OUTLINED AS WELL AS METHODS FOR DEVELOPING INTERVENTION OPTIONS. A LISTING OF INFORMATION SOURCES AND OF STATE AGENCIES FOR DRUG ABUSE PREVENTION IS INCLUDED. (DAG)