Pubdate: Sat, 26 May 2001
Source: Watertown Daily Times (NY)
Copyright: 2001 Watertown Daily Times
Contact:  http://www.wdt.net
Details: http://www.mapinc.org/media/792
Author: Larry Seguin

DRUG COURTS WILL LEAD TO MORE ARRESTS

"Crime And Punishment" Could Become "Crime And Treatment"?  Panel Gets 
Training To Set Up Drug Court In Jefferson County

What is the court going to do when there is no crime?

Every week charges of marijuana come from "routine" traffic stops. Head 
light or tail light out have turned into searches!. Call to loud music has 
ended with a search. Recently in St Lawrence County two individuals have 
been searched for standing on the side walk. If those individuals are 
"coerced" in to drug courts to "change lifestyles" without committing  a 
crime, what good will it do?

People who are forced into treatment may not actually need it. They may 
just be people who use drugs in a non-problematic way who happened to get 
arrested. Arrest may not be the best way to determine who should get 
treatment services.

Drug Courts are a much less expensive way of handling drug cases in the 
criminal justice system, thus they may result in more people being arrested 
and processed, many of whom would not have been arrested or would have been 
diverted. Thus, drug courts may be expanding the number of people hurt by 
the drug war.

"Offenders first must plead guilty". Drug Courts are creating a separate 
system of justice for drug offenders, a system that does not rely on the 
key traditions of an adversary system of justice and due process, a system 
where the defense, prosecution and judge work as a team to force the 
offender into a treatment program.

Recent studies of the drug court system in Denver revealed the following 
undesirable occurrences: Enthusiasm of police and prosecutors massively 
increased cases filed in drug court. Increased small-time arrests (buy and 
bust arrests). Shear numbers overwhelmed the drug court. Accumulating bench 
warrants. Leads to a court that neither conducts trials nor hears motions 
due to case numbers, increasing exclusionary criteria. The number of 
incarcerations increased though the percentage of drug defendants receiving 
prison sentences remained constant, the increased numbers of persons in 
drug court increased total number of people sent to prison.

Drug war has the same face with a new name!

Larry Seguin
Lisbon, New York
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