NCJ Number
7045
Journal
Georgetown Law Journal Volume: 60 Dated: (1971-72) Pages: 667-710
Date Published
1972
Length
44 pages
Annotation
SUGGESTIONS THAT DRUG ADDICTS ARRESTED FOR DRUG RELATED CRIMES BE DIVERTED FROM THE CRIMINAL JUDICIAL PROCESS INTO NONPUNITIVE TREATMENT PROGRAMS BEFORE TRIAL.
Abstract
ALTHOUGH DRUG ADDICTION IS MEDICALLY AND LEGALLY RECOGNIZED AS A DISEASE, DRUG DEPENDENT OFFENDERS HAVE HISTORICALLY BEEN PROCESSED THROUGH THE CRIMINAL JUSTICE SYSTEM FOR THEIR PARTICIPATION IN DRUG RELATED CRIMES. THE TRADITIONAL CRIMINAL JUSTICE TECHNIQUE OF PROSECUTION AND CONFINEMENT, HOWEVER, HAS PROVED TO BE AN EXPENSIVE AND INEFFECTIVE REHABILITATIVE ALTERNATIVE. THE DISCUSSES SEVERAL FEDERAL, STATE AND LOCAL DIVERSION PROGRAMS PRESENTLY IN OPERATION IN ILLINOIS, MASSACHUSETTS, NEW YORK, WASHINGTON, D.C., AND PHILADELPHIA AND EXAMINES THOSE CHARACTERISTICS COMMON TO ALL OF THEM. SUCH COMMON FEATURES RANGE FROM THE MECHANISMS FOR DETERMINING PROGRAM ELIGIBILITY TO THE IMPOSITION OF REWARDS TO INSURE THE DIVERTED DEFENDANT'S CONTINUING PRESENCE IN TREATMENT. IN ADDITION, TWO EXISTING FEDERAL PROGRAMS, TITLE I OF THE NARCOTICS ADDICT REHABILITATION ACT OF 1966, (NARA), AND SECTION 404(B) OF THE CONTROLLED SUBSTANCES ACT ARE EXAMINED. ELIGIBILITY REQUIREMENTS, SCREENING PROCEDURES, THE ROLE OF THE PROSECUTOR, AND EVALUATIVE DATA ARE INCLUDED FOR THESE PROGRAMS. FINALLY, THE ARTICLE OFFERS SPECIFIC RECOMMENDATIONS FOR A MODEL ADDICT DIVERSION PROGRAM AND DISCUSSES THE POTENTIAL EFFECT OF SUCH A PROGRAM ON THE ADDICT'S RIGHT TO PROMPT TREATMENT IN COMPLIANCE WITH SPEEDY TRIAL GUARANTEES AND TO HIS PRIVILEGE AGAINST INCRIMINATING HIMSELF THROUGH DISCLOSURES MADE BY HIM DURING TREATMENT. (SNI ABSTRACT)