ETHICAL ISSUES IN RELATING TO THE CRIMINAL JUSTICE SYSTEM - A PANEL DISCUSSION (FROM CRITICAL CONCERNS IN THE FIELD OF DRUG ABUSE - PROCEEDINGS OF THE THIRD NATIONAL DRUG ABUSE CONFERENCE, INC, 1978)

• NCJ Number: 54350
• Author(s): M E BURGLASS; G J MCKENNA; R BICKFORD; N SHOSTAK
• Date Published: 1978
• Length: 5 pages
• Corporate Author: Marcel Dekker, Inc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: CONFERENCE HELD IN NEW YORK (NY), 1976

Annotation

VIOLATIONS OF THE DRUG USER'S AUTONOMY, THE RATIONALITY OF DRUG LAWS, THE HANDLING OF DRUG PROGRAM FAILURES, AND SELF-INCRIMINATION THROUGH URINALYSIS EXAMINATIONS TO DETERMINE DRUG USE ARE ISSUES DISCUSSED.

Abstract

THE MATERIAL PRESENTED IS DIVIDED INTO FOUR PARTS DELINEATING THE REMARKS MADE BY EACH OF THE FOUR SPEAKERS ON THE PANEL DEALING WITH ETHICAL ISSUES IN DIVERSION PROGRAMS FOR DRUG USERS. ONE OF THE PANELISTS QUESTIONS THE ETHICALITY OF USING THE CRIMINAL JUSTICE SYSTEM TO COERCE TREATMENT FOR BEHAVIOR THAT HAS BEEN CHOSEN BY AN INDIVIDUAL WITHOUT VIOLATING THE LEGAL RIGHTS OF ANOTHER PERSON. SUCH ACTION IS CONSIDERED A VIOLATION OF AUTONOMY. ANOTHER PANELIST NOTES THERE IS NO RATIONALE FOR EXISTING LAWS REGARDING DRUG USE AND POSSESSION, PARTICULARLY IN COMPARISON TO THE LEGAL STANCE TAKEN TOWARD THE USE OF ALCOHOL AND NICOTINE. IT IS MAINTAINED THAT AN INDIVIDUAL SHOULD HAVE A RIGHT TO CHOOSE FOR HIMSELF WHAT SUBSTANCES HE WILL TAKE INTO HIS BODY. THIS SAME PANELIST CONSIDERS IT UNETHICAL FOR A DRUG TREATMENT PROGRAM TO ACCEPT FOR TREATMENT SOMEONE SENT BY THE COURTS AS A DRUG USER WHEN THE PERSON INVOLVED DOES NOT CONSIDER HIS DRUG USE TO BE A PROBLEM. ONE THE OTHER HAND, A DRUG USER WHO HAS COMMITTED A CRIMINAL ACT WHILE UNDER THE INFLUENCE OF DRUGS WOULD BE ACCEPTED FOR TREATMENT AS AN ALTERNATIVE TO INCARCERATION. A THIRD PANELIST ALSO QUESTIONS THE VALIDITY OF DRUG-USE CRIMINALIZATION. IT IS ALSO NOTED THAT CLIENTS WHO FAIL IN TREATMENT ARE OFTEN SIMPLY RELEASED BECAUSE NEITHER THE THERAPIST NOR THE COURTS WISH TO INVOKE PUNISHMENT FOR THE FAILURE. A FOURTH PANELIST CALLS ATTENTION TO THE USE OF URINALYSIS AS A MEANS OF DETECTING DRUG USE WHILE IN DIVERSIONARY TREATMENT PROGRAMS. IF DRUG USE IS DISCOVERED AND TREATMENT REVOKED, THEN PUNITIVE ACTION BY THE COURTS MAY BE TAKEN. IT IS BELIEVED THAT THE URINALYSIS THUS CONSTITUTES SELF-INCRIMINATION, WHICH IS PROHIBITED BY THE FIFTH AMENDMENT. THIS SAME PANELIST ALSO ARGUES THAT THE ENTIRE SYSTEM OF DRUG LAWS IS BASED IN UNSCIENTIFIC AND BIASED CLASSIFICATIONS OF VARIOUS DRUGS AND THAT THE PARTICIPATION OF MEDICAL PERSONNEL IN TREATMENT PROGRAMS YOKED TO SUCH A FALSE SYSTEM MIGHT BE CONSIDERED UNETHICAL. (RCB)