NCJ Number
58148
Date Published
1978
Length
60 pages
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 JUDGES 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 AND THEN IDENTIFIES A VARIETY OF INTERVENTION OPTIONS BEING USED AND THEIR PARTICULAR ADVANTAGES AND DISADVANTAGES. THESE INCLUDE POLICE INTERVENTION BASED ON POLICE/PROSECUTOR RULEMAKING, POLICE/PROSECUTOR INTERVENTION AT THE STATION HOUSE, PRECHARGED INTERVENTION, CONDITIONAL RELEASE, POSTFILING CASE INTERVENTION WITH OR WITHOUT PROSECUTOR CONCURRENCE, ETC. FROM THE FILING OF CHARGES THROUGH SENTENCING, THE JUDGE PLAYS AN ACTIVE ROLE IN THE PROCESS. TO A LARGE EXTENT, COURT DECISIONS AND JUDICIAL REVIEW OF SPECIFIC CASES WILL DETERMINE WHETHER OR NOT AN OFFENDER WILL RECEIVE TREATMENT. A JUDGE FACING THE COMPLEX PROBLEMS ASSOCIATED WITH HANDLING DRUG-ABUSING OFFENDERS SHOULD WEIGH THE FEASIBILITY OF INTERVENTION OPTIONS IN LIGHT OF THE LAW. JUDGES SHOULD ESTABLISH COURT POLICY AROUND SPECIFIC TREATMENT INTERVENTION OPTIONS, IDENTIFY TREATMENT PROGRAMS WHERE EFFECTIVENESS AND POSITIVE TREATMENT RESULTS ARE RECOGNIZED, WORK WITH THE PROBATION DEPARTMENT OR OTHER ANCILLARY SERVICE AGENCIES AND THE PROSECUTOR TO DEVELOP REFERRAL MECHANISMS, ASSURE THE PROSECUTOR THAT THE COURT WILL RESPOND TO TREATMENT SUCCESSES AND FAILURES, AND STRESS THE IMPORTANCE OF REPORTING CLIENT PROGRESS TO THE COURT OR PROBATION DEPARTMENT. OTHER SUGGESTIONS FOR JUDICIAL ACTION BEFORE, DURING, AND FOLLOWING THE TRIAL ARE ARE PRESENTED. PROCEDURES FOR IMPLEMENTING INTERVENTION OPTIONS (ABUSER IDENTIFICATION, DETERMINATION OF ELIGIBILITY, FORMULATION OF LEGAL ACTION) ARE OUTLINED AS WELL AS METHODS FOR DEVELOPING INTERVENTION OPTIONS. A LIST OF INFORMATION SOURCES AND OF STATE AGENCIES FOR DRUG ABUSE PREVENTION IS PROVIDED. SEE NCJ 58147 AND 58149. (DAG) ELIGIBILITY, FORMULATION OF LEGAL ACTION) ARE OUTLINED AS WELL AS METHODS FOR DEVELOPING INTERVENTION OPTIONS. A LIST OF INFORMATION SOURCES AND OF STATE AGENCIES FOR DRUG ABUSE PREVENTION IS PROVIDED. SEE NCJ 58147 AND 58149. (DAG)