Rethinking Drug Courts: International Experiences of a US Policy Export


Book Description

What are drug courts? Do they work? Why are they so popular? Should countries be expanding them or rolling them back? These are some of the questions this volume attempts to answer. Simultaneously popular and problematic, loved and loathed, drug courts have proven an enduring topic for discussion in international drug policy debates. Starting in Miami in the 1980s and being exported enthusiastically across the world, we now have a range of international case studies to re-examine their effectiveness. Whereas traditional debates tended towards binaries like “do they work?”, this volume attempts to unpick their export and implementation, contextualising their efficacy. Instead of a simple yes or no answer, the book provides key insights into the operation of drug courts in various parts of the world. The case studies range from a relatively successful small-scale model in Australia, to the large and unwieldy business of drug courts in the US, to their failed scale-up in Brazil and the small and institutionally adrift models that have been tried in England, Scotland, Wales and Ireland. The book concludes that although drug courts can be made to work in very specific niche contexts, the singular focus on them as being close to a “silver bullet” obscures the real issues that societies must address, including (but not limited to) a more comprehensive and full-spectrum focus on diverting drug-involved individuals away from the criminal justice system.




Defining Drug Courts


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Enforcing Freedom


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In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.




Rethinking Incarceration


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The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Exploring the history and foundations of mass incarceration, Dominique Gilliard examines Christianity’s role in its evolution and expansion, assessing justice in light of Scripture, and showing how Christians can pursue justice that restores and reconciles.




The Limits of Blame


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Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.




Drugs and Drug Policy


Book Description

While there have always been norms and customs around the use of drugs, explicit public policies--regulations, taxes, and prohibitions--designed to control drug abuse are a more recent phenomenon. Those policies sometimes have terrible side-effects: most prominently the development of criminal enterprises dealing in forbidden (or untaxed) drugs and the use of the profits of drug-dealing to finance insurgency and terrorism. Neither a drug-free world nor a world of free drugs seems to be on offer, leaving citizens and officials to face the age-old problem: What are we going to do about drugs? In Drugs and Drug Policy, three noted authorities survey the subject with exceptional clarity, in this addition to the acclaimed series, What Everyone Needs to Know®. They begin, by defining "drugs," examining how they work in the brain, discussing the nature of addiction, and exploring the damage they do to users. The book moves on to policy, answering questions about legalization, the role of criminal prohibitions, and the relative legal tolerance for alcohol and tobacco. The authors then dissect the illicit trade, from street dealers to the flow of money to the effect of catching kingpins, and show the precise nature of the relationship between drugs and crime. They examine treatment, both its effectiveness and the role of public policy, and discuss the beneficial effects of some abusable substances. Finally they move outward to look at the role of drugs in our foreign policy, their relationship to terrorism, and the ugly politics that surround the issue. Crisp, clear, and comprehensive, this is a handy and up-to-date overview of one of the most pressing topics in today's world. What Everyone Needs to Know® is a registered trademark of Oxford University Press.




Drug Courts


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The Generality of Deviance


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First Published in 2018. The Generality of Deviance advances the idea that all forms of deviant, criminal, reckless, and sinful behavior have one thing in common: the tendency to pursue immediate benefits without concern for long-term costs. The editors argue, and the contributors confirm, that such disparate behaviors as smoking, auto accidents, burglary, and rape are similar in that they all involve disregard for their inevitable consequences: poor health, injury, loss of freedom, shame, or disrepute. The chapters here show how various forms of deviance relate to one another and can be explained by a common theory involving self-management.The editors illustrate how the idea of self-control challenges the psychological concept of aggression and provides a more useful alternative for understanding deviant behavior. They also apply the theory to the family, showing how this institution is central to crime control. Other contributors bring fresh perspectives to a variety of topics: the uncanny similarities between victims of car accidents and perpetrators of crime; the connection between drugs and crime; feminist explanations of rape; gender differences in crime rates; drunk drivers among high school students; and the progression of a delinquent's life from adolescence to adulthood.In short, this book makes a convincing case that it is a waste of intellectual effort and public funds to treat different forms of crime and deviant behavior as distinct problems. Studied collectively, various crimes may be seen to have the same causes and, hence, one cure. The Generality of Deviance will be a significant and provocative addition to the libraries of criminolegists, psychologists, and sociologists, those attempting to solve as well as to identify problems.




Human Rights In The Administration Of Justice


Book Description

Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.