PROTECTION OF INDIVIDUAL RIGHTS IN ADDICT DIVERSION PROGRAMS (FROM CRITICAL CONCERNS IN THE FIELD OF DRUG ABUSE - PROCEEDINGS OF THE THIRD NATIONAL DRUG ABUSE CONFERENCE, INC, 1978)

• NCJ Number: 54347
• Author(s): J C WEISSMAN
• 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

RECOMMENDATIONS ARE PRESENTED FOR PROTECTING THE CONSTITUTIONAL RIGHTS OF CLIENTS INVOLVED IN ADDICT DIVERSION PROGRAMS.

Abstract

BECAUSE OF THE INTERNAL RELATIONSHIP BETWEEN DRUG ADDICTION AND CRIMINAL BEHAVIOR, NUMEROUS DIVERSION PROGRAMS HAVE ARISEN WHICH SCREEN OUT ADDICT OFFENDERS AND REFER THEM TO DRUG TREATMENT PROGRAMS, WHERE THEIR PROGRESS IS MONITORED BY CRIMINAL JUSTICE PERSONNEL. 'TREATMENT ALTERNATIVES TO STREET CRIME,' A NATIONAL PROGRAM INITIATED IN 1971 BY THE PRESIDENT'S SPECIAL ACTION OFFICE FOR DRUG ABUSE PREVENTION, IS THE PREVALENT MODEL FOR SUCH DIVERSION PROGRAMS. A RANGE OF PERSONAL LIBERTY ISSUES ARE ENDEMIC TO THE OPERATION OF CRIMINAL JUSTICE-DRUG ABUSE INTERVENTION PROGRAMS. RECOMMENDATIONS DESIGNED TO ASSURE THAT CONSTITUTIONAL RIGHTS WILL NOT BE VIOLATED IN DIVERSION PROGRAM PROCEDURES ARE OFFERED. IT IS RECOMMENDED THAT THE DEFERRED PROSECUTION ADJUDICATORY MODEL BE USED FOR EFFECTING DIVERSION RATHER THAN THE JUDGMENT AND SENTENCING MODEL, IN ORDER TO AVOID COERCION OF ADDICTS TO ENTER A GUILTY PLEA SO THEY CAN PARTICIPATE IN THE PROGRAM; SUCCESSFUL COMPLETION OF THE DIVERSION PROGRAM SHOULD ELIMINATE THE INSTANT RECORD OF THE ARREST LEADING TO DIVERSION. ELIGIBILITY CRITERIA FOR DIVERSION OF ADDICTS SHOULD BE EXPANSIVE RATHER THAN RESTRICTIVE, AND DIVERSION SCREENING INTERVIEW DATA SHOULD NOT BE MADE AVAILABLE TO THE PROSECUTOR AND COURT UNTIL DEFENSE COUNSEL HAS HAD AN OPPORTUNITY TO EXAMINE THE INFORMATION AND ADVISE THE CLIENT REGARDING RELEASE OF THE DATA; FURTHER, DEFENSE COUNSEL SHOULD ADVISE THE CLIENT TO CONSIDER CAREFULLY ALL RELEVANT FACTORS BEFORE AGREEING TO PARTICIPATE IN A DIVERSION PROGRAM. SUCH FACTORS INCLUDE THE STRENGTH OF THE EVIDENCE, THE PROBABILITY OF THE CLIENT BENEFITING FROM INHIBIT CLIENTS FROM SEEKING SERVICES, CLIENT REASSURANCE MAY BE AN ADDITIONAL BENEFIT OF STRICT ATTENTION TO CONFIDENTIALITY. (RCB) DIVERSION SYSTEM WITH REGARD TO THE HANDLING OF DIVERTEES. OTHER RECOMMENDATIONS ARE LISTED. REFERENCES ARE PROVIDED. (RCB)