Children of Alcoholism: Implications For Juvenile Justice

Alcoholism and drug addiction affects the entire family. At least 22 million Americans have been raised in an alcoholic environment. Parental alcoholism and/or addiction can have profound emotional and psychological scars on the children. These homes are often characterized by emotional and or physical insecurity, loneliness, terror and inconsistency. The children from these homes often are extremely insecure have low self-esteem, and have a variety of emotional problems. Adolescents from addictive homes are over-represented in juvenile court as status offenders, delinquents and abuse and neglect cases. This article will discuss this issue and implications for the juvenile justice system and personnel working with these youth     

Participation in drug treatment court and time to rearrest

This study uses an experimental design to assess the impact of a drug treatment court on nonviolent felony offenders. The drug court program combines intensive supervision, judicial monitoring, drug testing, and drug treatment to reduce recidivism and other problem behaviors. Survival analyses showed that the drug court sample had a significantly longer time to first rearrest than the control sample. Assignment to the drug court also significantly reduced the risk of drug crime failure during the follow-up period. The drug court and control samples had identical failure rates during the first 4 months of the follow-up, after which the drug court appeared to have its greatest impact on the risk of failure. Further analyses suggested that compliance with various drug court components, particularly early and continued drug treatment attendance, reduced the risk of failure among this sample.     

THE BEST SEAT IN THE HOUSE: THE COURT ASSIGNMENT AND JUDICIAL SATISFACTION

A survey of 355 judges examined the differences in judicial satisfaction between those assigned to problem-solving courts—such as drug treatment and unified family—and judges in other more traditional assignments such as family law and criminal courts. The unified family court systems, like drug treatment courts, have generally adopted the principles of therapeutic jurisprudence. Significant differences were found on each of the three survey scales: (1) helpfulness, (2) attitude toward litigants, and (3) positive effects of assignment. The judges who were in the problem-solving courts (drug treatment and unified family court) scored higher on all three scales than those who were not (traditional family and criminal court). The group of problem-solving court judges consistently scored higher than the other group of judges, with the drug treatment court judges scoring the highest. The group of traditional criminal court and family court judges scored less positively, with the criminal court judges having the lowest scores. The problem-solving court judges were more likely to report believing that the role of the court should include helping litigants address the problems that brought them there and were more likely to observe positive changes in the litigants. They were also more likely to believe that litigants are motivated to change and are able to do so. They felt more respected by the litigants and were more likely to think that the litigants were grateful for help they received. The problem-solving court judges were also more likely to report being happy in their assignments and to believe that these assignments have a positive emotional effect on them.     

Motivating Substance Abusing Parents in Dependency Court

To engage in recovery from addiction, most addicts need consequences and external structure. Although dependency courts routinely order substance abusing parents into treatment, the compliance rate is as low as 20%. While some parents will never participate, others may become motivated by court orders that apply the addiction treatment principles of simple steps and immediate consequences. The model proposed below presents one such approach.     

Long-term effects of participation in the Baltimore City drug treatment court: Results from an experimental study

This study uses an experimental design comparing 235 offenders assigned either to drug treatment court or treatment as usual. It extends prior analyses of this study sample to examine whether differences observed between drug treatment court subjects and control subjects at one and two years after the start of the program persist after three years, when many of the subjects had ceased active treatment. Further, it extends earlier analyses that showed that the quantity of drug treatment court services received was related to lower recidivism rates by using an instrumental variables approach to handle the endogeneity problem that sometimes arises when subjects self-select into different levels of service. Results show a sustained treatment effect on recidivism, controlling for time at risk. This effect is not limited to the period during which services are delivered. Rather, it persists even after participation in the drug court program ceases. Results also show that the recidivism is lowest among subjects who participate at higher levels in certified drug treatment, status hearings, and drug testing. These positive findings are tempered with findings that more than three-fourths of clients are re-arrested within three years, regardless of participation in the drug treatment court, and that drug treatment court cases spend approximately the same number of days incarcerated as do control cases. Implications for strengthening drug treatment courts are discussed.     

Factors of Success: Drug Court Graduate Exit Interviews

Drug court judges enforce mandated treatment through a series of rewards and graduated sanctions as compliance with mandated treatment and retention are crucial to successful graduation for participants. A study of 600 graduates from drug court details self-report data of motivations and perceptions offenders shared about their experience in drug court. Clients rated different factors related to their entry into, retention in, and graduation from drug court. Upon graduation, clients rated the opportunity to avoid jail as a key factor in their decision to enter drug court and positive improvements in their life as significant in their decision to remain. This research provides important information on the drug court experience from those clients who successfully graduated.     

Treating Substance‐Abusing Parents: A Study of the Pima County Family Drug Court Approach

A geographical comparison‐group design was used to examine the effectiveness of the Pima County (Arizona) Court Assisted Treatment Services (CATS) program and its drug court intervention. The study compared the summary statistics for the volunteers to the family drug court (n=33) with a treatment‐refusal group (n=42) and a treatment‐as‐usual group (n=45) from a matched geographical area. The findings of this study indicate that the family drug court group had higher engagement and completion rates of residential treatment than was true of the other comparison groups. In addition, the volunteers to the family drug court group had fewer parental rights severed, a higher percentage of permanency decisions reached within one year, earlier permanency decisions, and a higher percentage of children placed with their parents. The implications of this study's findings for future evaluations of the components of a family drug court intervention are discussed.     

强制性戒毒措施的实施现状及其改革

《中华人民共和国禁毒法》废除了传统的强制戒毒和劳教戒毒，重新确立了由强制隔离戒毒、社区戒毒和社区康复等三种新的戒毒措施构成的强制性戒毒体系。该法近五年的运作实践表明，这三种戒毒措施的实施效果违背了立法者的初衷，“宜粗不宜细”的立法模式所造成的弊端也逐渐开始显现。我国应该明确“社区为主、隔离为辅”的强制性戒毒措施体系，同时对强制隔离戒毒和社区戒毒进行制度性完善。     

Implementing the Key Components of Specialized Drug Treatment Courts: Practice and Policy Considerations

The perceived need for specialized drug courts emerged from the most recent "war on drugs." Courts were no longer able to handle such cases effectively because of an overwhelming volume of drug arrests and prosecutions. The increased emphasis on drug enforcement also revealed that many of the most serious criminally involved drug‐using offenders were undeterred by threats of incarceration, but were amenable to substance abuse treatment. Drug court professionals have identified several "key components" that must be in place for these courts to achieve their goals of reducing drug use and crime. Through the lens of these key drug court components, we examine the development and initiation of specialized drug treatment courts in Cook County (Chicago), Illinois. By exploring and documenting Cook County's experiences, we elucidate several of the basic policy and organizational issues surrounding the implementation and operations of specialized drug treatment courts in the United States.     

Collaborations between drug courts and service providers: Characteristics and challenges

Addressing the multiple treatment needs of drug-involved offenders can enhance outcomes including sobriety and recidivism. Meeting drug court offenders' needs requires collaborative linkages between courts and providers of treatment and other services; however, there has been limited research on linkages. Using semi-structured interview data collected from administrators of fourteen drug courts and providers of services to offenders in those drug courts, this study described collaborative linkages and the challenges involved in fostering them. Although results suggest a moderate to strong level of linkage as perceived by both drug court administrators and service providers, services other than substance abuse treatment were sparsely provided through the drug courts. Limitations in funding, management information systems, and staffing were perceived as barriers to linkage. Results offer directions for enhancing linkages between drug courts and service providers and should be of value in improving quality of drug court treatment and offender outcomes.     

Drug Court through the Lenses of African American Women: Improving Graduation Rates with Gender-Responsive Interventions

Drug courts began in the United States in 1989, and nearly three decades of evidence has shown that drug courts are more effective than other criminal justice interventions at reducing criminal recidivism. There has, however, been a trend in some drug courts where African Americans are less likely to graduate than their White counterparts, which is concerning because evidence has also shown that graduating the program reduces the odds of recidivating. Little is known about African Americans’ experiences in drug court, and this is the first known qualitative study to ask African American women (N?=?8) about the most helpful aspects of drug court that support them in graduating and how the drug court could be more helpful in supporting them to graduate. The women felt that the drug court judge was their advocate and understood the unique challenges they faced with balancing the demands of drug court with motherhood. Conversely, the women felt that they were not receiving effective, gender-responsive treatment for their substance use disorders, which was a barrier to them graduating drug court. The findings are discussed in reference to drug court practice and future research.     

The Juvenile Drug Court Judge and Lawyer: Four Common Mistakes in Treating Drug Court Adolescents

This article will present information gleaned from anecdotal experience of existing juvenile drug treatment courts regarding several common mistakes often made by those new to the drug court. The mistakes discussed include: 1) Believing the work and role responsibilities in a traditional juvenile court will not change significantly when entering a juvenile drug court; 2) Citing the elimination of drug and alcohol use as a final outcome goal when developing the mission statement for a juvenile drug court; 3) Believing that a juvenile drug court ensures accountability by keeping a close eye on participants and setting immediate consequences for any break in program rules; 4) Using vicarious learning to “teach a lesson”–making an example of an individual participant who has broken program rules in front of the large group. The goal of this article is not only to raise caution to these pitfalls, but also to help incoming judges and lawyers become aware of the changes that working in a juvenile drug court will demand.     

LESSENING THE STING OF ASFA: THE REHABILITATION‐RELAPSE DILEMMA BROUGHT ABOUT BY DRUG ADDICTION AND TERMINATION OF PARENTAL RIGHTS

Congress passed the Adoption and Safe Families Act of 1997 (ASFA) as a response to children waiting in foster homes for years without permanent placement. In addressing the problem of permanency, however, Congress set a strict limit on how long a child could be in foster care (15 out of the most recent 22 months) before a state must either commence a proceeding to terminate parental rights or else lose valuable federal funding. Due to health care funding schemes and quality of treatment, this requirement, in particular, negatively impacts parents currently in drug rehabilitation whose parental rights may be permanently terminated before a realistic chance to recover is permitted. Although ASFA requires that states make “reasonable efforts” to keep families united, it does not define “reasonable efforts,” leaving parental rights and family unity subject to a chaotic interpretation of this requirement from state to state. “Reasonable efforts” should be interpreted to take into account current drug addiction and recovery research and drug court programs should be used to facilitate this goal. Research has shown that focusing on adequate treatment saves states money and improves the lives of children and their families, reducing the need for reliance on termination of parental rights.     

Decision Making in a Hybrid Organization: A Case Study of a Southwestern Drug Court Treatment Program

This article presents a case study of decision making in a drug court located the southwestern United States. This study seeks to fill a gap in research on decision making by attending to the ways that drug court officials navigate the demands of a court that is dedicated to both therapy and criminal justice. This analysis differs from previous research by viewing the drug court as a “hybrid organization” and asking how the staff members interact in the decision‐making process. Additionally, this research provides an opportunity to investigate the concerns over collaborative decision making raised by critics. The data from this case study reveal that as a hybrid organization, the drug court staff often divides along institutional lines by allowing the counseling staff to manage treatment and the judge to manage punishment. When tensions arise, they are resolved by the structure of the court, which is hierarchical rather than collaborative.     

OxyContin and a Regulation Deficiency of the Pharmaceutical Industry: Rethinking State-Corporate Crime

On May 10, 2007, three executives of the pharmaceutical company Purdue Pharma pled guilty in federal court to misleading doctors and patients about the risk of addiction and potential for abuse of OxyContin. Additionally, Purdue Pharma paid over $600 million in fines and other payments to the United States government and the Commonwealth of Virginia. The drug OxyContin was first introduced to the market in December of 1995. Warning signs of the drug’s potential for abuse were almost immediate, and there were reports of copious amounts of the drug being diverted into the black market for recreational use. In some cases, criminologists have argued that if the government fails to protect its citizens from the harm of a corporation then such behavior should be considered state-corporate crime. We critically evaluate the case of OxyContin to see if it falls under the state-corporate crime paradigm. Further, we argue the state-corporate crime paradigm can benefit from an increased focus on the organizational structures of regulation agencies.     

Matching Judicial Supervision to Clients' Risk Status in Drug Court

This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status hearings in court. In contrast, participants who were low risk performed equivalently regardless of the court hearings schedule. This study prospectively matches drug court clients to the optimal schedule of court hearings based on an assessment of their risk status and compares outcomes to clients randomly assigned to the standard hearings schedule. Results confirmed that participants who were high risk and matched to biweekly hearings had better during-treatment outcomes than participants assigned to status hearings as usual. These findings provide confirmation of the risk principle in drug courts and yield practical information for enhancing the efficacy and cost-efficiency of drug courts.     

KEY LINKAGES BETWEEN CHILD WELFARE AND SUBSTANCE ABUSE TREATMENT: SOCIAL FUNCTIONING IMPROVEMENTS AND CLIENT SATISFACTION IN A FAMILY DRUG TREATMENT COURT*

This article summarizes early findings regarding social functioning and client satisfaction from a longitudinal study of women receiving treatment in a family drug treatment court located in the Midwestern United States (N = 33). Drug treatment court participants were interviewed at program entry and when they had completed 6 months of treatment. Family drug court participants reported significant improvements in employment status and increases in earned income after 6 months of treatment. Respondents also reported improved social functioning and high overall levels of satisfaction with treatment. Findings and implications for future research are discussed.     

Baseline subjective stress predicts 1-year outcomes among drug court clients

Psychological stress has long been known to predict negative changes in physical and behavioral health in the general population. The same relationships have been found in research on drug abusers. In this longitudinal study, 477 clients of two Kentucky drug courts were followed for 1 year to examine the relationship between subjective stress at intake and outcomes 1 year after the baseline of this 18-month drug court program. Greater baseline subjective stress was significantly associated with poorer employment, substance use, criminal justice, and health outcomes at 1-year follow-up, even after adjusting for selected demographic characteristics and baseline levels of the outcomes of interest. If these results are replicated in these and other drug courts, then a stress reduction treatment trial within the drug court context should be attempted and evaluated.     

Judges as therapists and therapists as judges: the collision of judicial and therapeutic roles in drug treatment courts

This paper explores the implications of the expansion of judicial and therapeutic roles in a drug treatment court (DTC) in Canada. Issues that are raised are: how the courtroom is framed as a therapeutic space where public appearances by participants are part of the therapeutic process; how judges have taken on therapeutic practices, effectively compromising their traditional role as neutral arbiter; how certain women resisted therapeutic interventions by judges and felt they received harsher punishments than men; and how treatment counselors in DTCs are given powers of enforcement over their clients. The collision of judicial and therapeutic roles in the DTC results in negative consequences for individuals in the specialized courts. Specifically, DTC participants are expected to engage in a therapeutic relationship with their treatment counselors and the court; however, their right to confidentiality is withheld, and their treatment counselors act as agents for the court.     

A Phenomenological and Grounded Theory Study of Women’s Experiences in Drug Court: Informing Practice Through a Gendered Lens

Drug courts have been a growing part of the criminal justice system since 1989. This qualitative study adds to the existing literature by developing an in-depth understanding of drug court from a woman’s (N?=?25) perspective. Phenomenology and grounded theory guided the data collection and analysis, resulting in three themes. First, the women found the drug court team to be compassionate and empathetic, which they reported supported them in being successful in the program. Second, the majority of women reported histories of trauma and felt that the drug court could be improved by offering them more resources to treat their trauma. Third, the majority of women reported being single mothers and they shared examples of how being a single parent was a challenge to being successful in the drug court. Implications for drug court practice are discussed.