A Dozen Years of Drug Treatment Courts: Uncovering Our Theoretical Foundation and the Construction of a Mainstream Paradigm

• NCJ Number: 198584
• Journal: Substance Use & Misuse Volume: 37 Issue: 12 & 13 Dated: October/November 2002 Pages: 1469-1488
• Author(s): Peggy Fulton Hora
• Editor(s): Stanley Einstein Ph.D.
• Date Published: October 2002
• Length: 20 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: Special Issue on Drug Treatment Courts for additional articles see NCJ-198583 and NCJ-198585-93.

Annotation

This article discusses the adoption of therapeutic jurisprudence (TJ) in drug treatment courts and the theory that legal rules and procedures have therapeutic effects.

Abstract

Drug treatment courts are now mainstream after 12 years of development in response to the revolving door of drug use and recidivism. Principles of TJ have been found to enhance the functioning of drug treatment courts. Problem solving has been formally supported by the Conference of Chief Justices, and new trial court procedures legitimize drug courts' procedures. Topics covered include a discussion of therapeutic jurisprudence; principles of drug treatment courts; the 10 key components of drug treatment courts; the coherent integration of science and law, tip no. 33; and institutionalization of drug treatment courts and therapeutic jurisprudence. In conclusion, it is emphasized that working therapeutically is an effective and production manner for the justice system to function, in contrast to the previous get-tough-on-crime mentality that prevailed and led to a prison explosion and incarceration of two million Americans in the past 30 years. A list of source references is provided.