LEGAL BASIS FOR ADDICT DIVERSION - RELATIONSHIPS BETWEEN THE TREATMENT SYSTEM AND THE CRIMINAL JUSTICE SYSTEM (FROM DEVELOPMENTS IN THE FIELD OF DRUG ABUSE, 1975 BY E SENAY, V SHORTY, AND H ALKSNE)

• NCJ Number: 39552
• Author(s): N A WYNSTRA
• Date Published: 1975
• Length: 18 pages
• Corporate Author: Schenkman Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

AFTER BRIEFLY DESCRIBING THE POINTS AT WHICH THE CRIMINAL JUSTICE SYSTEM MAY REFER PERSONS TO THE DRUG TREATMENT SYSTEM, THE AUTHOR EXAMINES SEVERAL LEGAL QUESTIONS IN PRETRIAL DIVERSION PROGRAMS.

Abstract

THE RELATIONSHIP BETWEEN CRIMINAL JUSTICE AND DRUG TREATMENT MAY OCCUR AT ONE OR SEVERAL JUNCTURES, INCLUDING POLICE REFERRALS, REFERRALS AFTER ARREST, PRETRIAL REFERRAL, POST-TRIAL REFERRAL AND POST-INCARCERATION REFERRALS. THE AUTHOR DEFINES DIVERSION AS ANY PROGRAM BY WHICH A DRUG ABUSER ENTERS A TREATMENT PROGRAM INSTEAD OF REMAINING WITHIN THE TRADITIONAL CONFINES OF THE CRIMINAL JUSTICE SYSTEM. THUS, DIVERSION MAY OCCUR AT ANY OF THE POSSIBLE INTERACTION JUNCTURES MENTIONED ABOVE. THE LEGAL BASIS FOR DIVERSION AT THESE VARIOUS JUNCTURES MAY DIFFER; HOWEVER, MOST ARE PREMISED ON VARIOUS INHERENT POWERS OF THE PROSECUTOR OR THE COURT, OR ARE MORE FORMALLY BASED ON SPECIFIC AUTHORITY CONTAINED EITHER IN STATUTE OR IN COURT RULE. ISSUES INVOLVED IN AUTHORIZING THE SUBSTITUTION OF TREATMENT FOR CRIMINAL PROCESSING ARE EXAMINED. FINALLY, ISSUES INVOLVED IN PRE-TRIAL DIVERSION PROGRAMS ARE DISCUSSED, INCLUDING ELIGIBILITY CRITERIA, SCREENING, POINT OF DIVERSION, RESPONSIBILITY FOR MONITORING OF DIVERTEES, CONDITIONS OF ENTRY, DEFINITIONS OF TREATMENT SUCCESS, AND TERMINATION OF TREATMENT. THE AUTHOR CAUTIONS AGAINST USING DIVERSION ONLY AS AN ALTERNATIVE TO PROSECUTION IN WEAK CASES. (AUTHOR ABSTRACT MODIFIED)...DMC