NCJ Number
70430
Journal
Zentralblatt fuer Jugendrecht und Jugendwohlfahrt Volume: 65 Issue: 11 Dated: (1978) Pages: 461-467
Date Published
1978
Length
7 pages
Annotation
Legal possibilities are explored for West German juvenile judges to initiate therapy for drug addicts at various stages of court proceedings.
Abstract
Drug addicts are classified as primary drug abusers with or without secondary involvement in crime or as primary delinquents with secondary drug abuse problems. Drug addicts can be rehabilitated with long term therapy, but it is essential that juvenile drug abusers convicted of criminal offenses be forced to chose between therapy and imprisonment so that some degree of willingness to cooperate is present. In the period before the main trial, judges should try to assist juveniles in overcoming their physical addiction. To this end, juvenile judges may require placement of addicts in special drug programs at the preliminary hearing. In any case, pretrial detention is usually necessary, as many young addicts have no permanent residence. At the main trial, the only effective measure possible is placement in a special custodial institution or in a reformatory with long term drug therapy programs, but such institutions are virtually nonexistent. Placement in psychiatric facilities has proven ineffective. Imprisonment of juvenile addicts is justified because obvious destructive inclinations when they victimize society to support their habits. Most accused addicts are also legally responsible for their behavior, because they can voluntarily obtain treatment at any time. The length of imprisonment depends on the individual case but short sentences would seem adequate to awaken a desire for treatment. Probation or parole should only be considered when the prognosis for recovery is favorable, and parole must be rescinded if relapse occurs and renewed therapy proves fruitless. Improved cooperation between personnel of therapeutic institutions and court personnel is encouraged. Notes are supplied. --in German.