CRIMINAL JUSTICE ALTERNATIVES FOR DISPOSITION OF DRUG ABUSING OFFENDER CASES - PROSECUTOR

• NCJ Number: 58149
• 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: US Dept of Health, Education, and Welfare
• Corporate Author: Macro Systems, Inc; US Dept of Health, Education, and Welfare
• 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 PROSECUTORS MIGHT INTERVENE.

Abstract

THE FOCUS IS ON THOSE DECISIONMAKING POINTS 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 OPTIONS INCLUDE POLICE INTERVENTION BASED ON POLICE/PROSECUTOR RULEMAKING, POLICE/PROSECUTOR INTERVENTION AT THE STATION HOUSE, PRECHARGE INTERVENTION, CONDITIONAL RELEASE, POSTFILING CASE INTERVENTION WITH OR WITHOUT PROSECUTOR CONCURRENCE, AND MORE. AS THE LINK BETWEEN LAW ENFORCEMENT AND THE ADJUDICATORY PROCESS, THE PROSECUTOR DIRECTLY INFLUENCES ARREST POLICIES AND PRACTICES OF THE POLICE. IN PRELIMINARY CASE SCREENING, OR IN LATER DETERMINATIONS ABOUT THE APPROPRIATENESS OF FILING CHARGES, THE PROSECUTOR MAY CHANNEL THE DRUG-INVOLVED DEFENDANT INTO TREATMENT. IN DEVELOPING TREATMENT OPTIONS ON A SYSTEMS LEVEL, OR FOR AN INDIVIDUAL OFFENDER, PROSECUTORS MAY DEVELOP GUIDELINES FOR POLICE TO FOLLOW WHEN CHANNELING DRUG ABUSERS INTO TREATMENT, ADVISE POLICE REGARDING REFERRALS, IDENTIFY POSSIBLE DRUG USERS BASED ON POLICE AND COURT RECORDS, REQUEST THAT PRETRIAL RELEASE SPECIFY THAT THE DEFENDANT IS TO PARTICIPATE IN TREATMENT, AND MAKE SPECIFIC TREATMENT RECOMMENDATIONS TO THE COURT FOR COURT-INITIATED INTERVENTION. SUGGESTIONS FOR PROSECUTOR ACTION REGARDING INTERVENTION ARE PROVIDED. 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 LISTING OF INFORMATION SOURCES AND OF STATE AGENCIES FOR DRUG ABUSE PREVENTION IS PROVIDED. SEE NCJ 58147 AND 58148. (DAG)