Exporting Court Innovation from the United States to Continental Europe: Compatibility between the Drug Court Model and Inquisitorial Justice Systems |
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| Authors: | E. Rely VîlcicĂ Steven Belenko Matthew Hiller Faye Taxman |
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| Affiliation: | 1. Assistant Professor, Department of Criminal Justice , Temple University , Gladfelter Hall, 5 Floor, 1115 W. Berks Street, Philadelphia, PA, 19122 Phone: 215–204–1643 E-mail: rvilcica@temple.edu;2. Professor, Department of Criminal Justice , Temple University , Gladfelter Hall, 5th Floor, 1115 W. Berks Street, Philadelphia, PA, 19122 Phone: 215–204–2211 E-mail: sbelenco@temple.edu;3. Associate Professor, Department of Criminal Justice , Temple University , Gladfelter Hall, 5 Floor, 1115 W. Berks Street, Philadelphia, PA, 19122 Phone: 215–204–9030 E-mail: mhiller@temple.edu;4. Professor, Administration of Justice Department of Criminal Justice , George Mason University , Bull Runn Hall, Room 321, 10900 University Blvd., Manassas, VA, 20110 Phone: 703–993–8555 E-mail: ftaxman@gmu.edu |
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| Abstract: | This paper explores the viability of the adoption of the American drug court model by European countries relying on inquisitorial justice systems, by focusing on the compatibility between key features of each. Discussion of the key features of the European inquisitorial systems focuses on their underlying ideologies and values. Discussion of the key features of the American drug courts is informed by data from a comprehensive nationwide survey of drug courts (the National Drug Court Survey). The preference for rehabilitative goals, the very active judicial role of the judge, and the collaboration between defense and prosecution in inquisitorial systems are identified as elements highly conducive to the importation of drug courts. Treatment integration and the relative (in) flexibility to establish a legal framework for the operation of drug courts are identified as challenges to potential importation. Overall, there is a great deal of compatibility between key features of the drug courts in the US and key features of the inquisitorial systems of most European countries. This makes the adoption of drug courts in Europe a potentially viable response to illegal drug use and drug‐related crime. |
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