Dichotomies and Oppositions in Legal Argumentation

In this paper we use a series of examples to show how oppositions and dichotomies are fundamental in legal argumentation, and vitally important to be aware of, because of their twofold nature. On the one hand, they are argument structures underlying various kinds of rational argumentation commonly used in law as a means of getting to the truth in a conflict of opinion under critical discussion by two opposing sides before a tryer of fact. On the other hand, they are argument structures underling moves made in strategic advocacy by both sides that function as platforms for different kinds of questionable argumentation tactics and moves that are in some instances tricky and deceptive.     

PRETREATMENT CHARACTERISTICS AND TREATMENT PERFORMANCE OF LEGALLY COERCED VERSUS VOLUNTARY METHADONE MAINTENANCE ADMISSIONS*

Analyses were conducted to determine whether addicts coerced into treatment by actions of the criminal justice system differed from voluntary entrants in terms of background characteristics, early risk factors, or drug use and criminal behavior during pretreatment, treatment, and post treatment periods. Subjects were categorized into high, moderate, and low legal coercion groups based on their official legal status, related narcotics testing requirements, and their self-reported perceptions of criminal justice system coercion. Those induced to enter the treatment program through legal channels had slightly higher rates of serious property offenses and higher proportions of time incarcerated and under legal supervision, but they did not differ from voluntary entrants in overall criminal behavior during pretreatment periods. All groups showed substantial improvement in level of narcotics use, criminal involvement, and most other behaviors during treatment, but there was some regression after treatment.     

WHEN “WHAT WORKS” NEVER DID: DODGING THE “SCARLET M” IN CORRECTIONAL REHABILITATION

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BREAKING THE CYCLE OF DRUGS AND CRIME: FINDINGS FROM THE BIRMINGHAM BTC DEMONSTRATION

Research Summary: We compared 137 felony defendants arrested before the implementation of Breaking the Cycle, a pretrial intervention with felony defendants that included drug testing, supervision, and drug treatment as needed, to 245 BTC participants. We found Significant lower rates of arrest and self-reported drug use and crime among BTC participants during the next year.
Policy Implications: Systematic intervention aimed at all drug-involved felony defendants, not just selected defendants, is effective, but may encounter substantial challenges in achieving collaboration across criminal justice agencies, services providers, and levels/branches of government.     

NARCOTICS USE AND CRIME: A MULTISAMPLE,MULTIMETHOD ANALYSIS*

Various addict behaviors that are relevant to the narcotics-crime relationship are examined throughout the course of the addiction career. Anglo and Chicano methadone patients are studied and several methodological approaches are utilized. The data are representative of numerous critical periods within the addiction career as well as periods immediately preceding and subsequent to it. The results from the various methodological analyses converge to indicate that while involvement in property crime activities generally precedes the addiction career, after addiction occurs the highly elevated property crime levels demonstrated by addicts appear to be regulated by similarly high narcotics use levels. During periods of curtailed narcotics use produced by treatment, property crime levels are significantly reduced and become extremely low after termination of the addiction career. The findings are compared with results previously reported and new results are presented. Theoretical consideration of circumstances that significantly moderate the narcotics-crime relationship, such as geographic and sociodemographic differences, drug trafficking, and other behaviors, are discussed.