Criminology

The problem of drug abuse and drug-related crime in America has led to the establishment of drug courts. This form of therapeutic jurisprudence can be considered as the most important advance the justice system has made in dealing with drug abuse. The approach is particularly successful in rehabilitating the individual. Eventually it reduces recidivism and costs related to drug abuse. The problem of overpopulated prisons is also significantly addressed by the drug courts program. This paper clearly shows that indeed, drug courts program stands out as a revolutionary approach in dealing with drug-abuse problems. 

Introduction
Drugs and crime are a problem in the American society making the justice system to consider therapeutic justice. Under therapeutic jurisprudence, the impact of the law on the psychological well-being of a criminal is evaluated since the law is viewed as a social force with potential therapeutic results (Took, 2005). From this viewpoint, the first drug treatment court was established in Miami-Dade County, Florida in 1989 (King  Pasquarella (2009). With an increasing problem of drug-related crime which could not be tackled through establishing harsh punitive sentences and with failed attempts to reduce supply of drugs, drug courts have become the most preferable. So far, drug courts as a form of therapeutic jurisprudence emerges as the most important advance the justice system has made in dealing with drug abuse. This is based on its ability to reduce recidivism, rehabilitate participants and cutting criminal justice expenses.

Effectiveness of drug courts
Introduction of drug courts as a way of addressing the drug abuse problem can be considered as among the main revolutionary measures in the American criminal justice system.  The therapeutic jurisprudence approach (drug courts) has emerged at a time when not only had the prison population increased tremendously but also a period where tough on crime calls had been prevailing. It is estimated that in 2004, up to 53 percent of all state prisoners had a drug abuse problem with only a few (15) being treated professionally (King  Pasquarella, 2009). Would being tough on crime have dealt with the problem of drug abuse Perhaps not especially if one were to consider the advocated softening of policies especially from within the criminal justice system. In this view then, the introduction of drug courts has closed the gap between those who called for tougher punitive measures and advocates of softer policies.

By focusing on the individual needs rather than applying the principle of justice for all, therapeutic jurisprudence has emerged as a cutting edge in addressing the problem of drug-related crimes. It should be noted that even though drug courts are termed as courts, their functioning is different from the traditional American courts since the courts do not follow the principle of offering a fair process for a criminal or any other party in a dispute. Instead, the drug courts are dedicated towards providing some form of treatment to a defendant and also insist on finding successful outcomes of the therapeutic process (Christean, 2002). The question of a fair hearing or impartiality of judgment is not a key issue in the therapeutic process but instead the judge evaluates treatment outcome in every individual. Personalizing justice can therefore be termed as a successful move of the drug courts.

With drug courts addressing the drug abuse problem from an individuals perspective, the individual also gains as drug addiction problem is addressed. An individual with a drug abuse problem may have drug related problems which are addressed during the program. Reduced drug abuse is therefore among the heralded benefits of the drug courts initiative. Since the process utilizes a medication treatment and the program runs to such a time when the participant has sufficiently improved, then the problems of addiction are well addressed. The rehabilitated individual benefits in other ways such as being able to integrate into the society and be involved in economically beneficial activities. Eventually, some drug related problems (e.g. poverty and employment are addressed and individuals live fulfilling lives (NIDA, 2009).

What would be the best deterrence measure in drug-related crimes This is not an easy question to answer and one cannot just say that effecting a severe punishment such as death penalty does is appropriate.  This is particularly so because the problem of drug abuse has a psychological connection unlike other social vices.  As such, seeking a therapeutic mechanism that addresses drug dependence is the most appropriate. Having reached this goal, then the problem of recidivism is likely to be best addressed. The fact that drug courts treat individuals such that they stop abusing drugs and wholesomely rehabilitate the individual have been associated with decreased recidivism. For participant in the drug court program to be considered a successful graduate, they must demonstrate that they can stay drug-free. In addition, the person must stay without being arrested for a given time period (Took, 2005). It is therefore no wonder that over the last twenty years, there has been a remarkable decrease in rearrests and reconvictions. King and Pasquarella (2009) highlight that an analysis of 76 drug courts indicated a 10 percent decrease in rearrest. Elsewhere, an evaluation of 30 drug courts also found a decline in reconvictions with up to 13 percent. Persons who have successfully gone through the drug court program have been shown to have less rearrests as compared to those who have not undergone through the therapy. Fore instance, King and Pasquarella (2009) illustrate a 12 versus 40 rearresst rates in drug court graduates versus a comparison group in Florida. Drug courts are thus a successful story in reduction of recidivism which has been a major problem in the American society.

Is it worth to run the drug courts program This is a question is expected to come up with the institution of the drug courts as a therapeutic justice practice. It can be confidently stated that the drug courts program has effectively reduced the escalating direct and indirect costs related to the drug abuse vice. NIDA (2009) indicate that the cost of drug abuse was 180.9 billion in 2002. The drug treatment program administered by the drug courts however was shown to have spent a significantly smaller amount of finances (15.8 billion). Cost-benefit analyses show that savings result from administering drug courts programs even though the initial costs of establishing the courts may be high. King and Pasquarella (2009) highlight a number of cost-benefit evaluations that bring out the drug courts program as having economic benefits. For instance, reduction in recidivism as well as costs that would be incurred by potential victims amounted to  1,000 and 15,000 in 2005 as per the Government Accountability Office. In an evaluation of costs versus benefits in 6 drug courts in Washington, it was identified that reduction in rearrests and victimization costs resulted into savings of 6,800 on average. Reduced incarceration was also identified to result into savings of up to 3,500 per participant in Oregon drug courts.

Are drug courts able to reduce overcrowding in American prisons The problem of overcrowding in the American prisons has been a prevailing one with drug-related crime being associated with most of the imprisonments (NCJRS, 2009). Drug courts are however well positioned to address this inherent problem since it results to waived sentence or obliteration of the offence if the participant completes successfully. In addition, it should be noted that the program is meant for non-violent offenders who are in possession of drugs or are abusing drugs. Persons with a record of prior violent offense are not included in the program (if it is federal funded) (King  Pasquarella, 2009). Since these are not very serious criminals and they can be corrected outside the prison, the drug courts program is very effective in this. Consequently, prison populations are managed. In fact increased jail time usually happens in case the participant fails adhere to the program and this is just one form of sanction.

Drug courts are viewed as an important advance in the justice system because they have opened a new perspective of addressing drug abuse from a socio-legal perspective. It is a classical innovation of therapeutic jurisprudence that has stirred the initiation of other dockets in the judicial system thus addressing social problems. Such courts are being referred to as problem-solving courts (NCJRS, 2009). Such courts as the mental health courts and domestic violence courts are serving to address problems related to drug abuse.

Are drug courts fully addressing the drug abuse problem Despite the much success achieved by the drug courts, there still remain a few problems that are not well addressed. These however are due to treatment design. For instance, the eligibility criterion is questionable since determining what constitutes a violent crime may be controversial. In addition, an individual may be excluded from the program on the grounds of prior violent crimes which may not qualify as violent (under the controversies). Sanctions and rewards are also particularly challenged with calls being raised for sanctions and rewards that are fair and able to follow intended behavior to be implemented. Contingency management has in particular been suggested as it is viewed as a powerful component of the drug courts program (Marlowe et al, 2008). Marlowe and colleagues have found contingency management to be helpful for participants with serious criminal backgrounds. Took (2005) has challenged techniques of administering the drugs court program arguing that more scrutiny should be done on the methods of ensuring that a participant complies.

Conclusion
The drug courts form of therapeutic justice has truly made a successful positive impact in addressing the drug abuse problem in America. It is an innovative criminal justice approach that addresses the drug abuse problem from an individuals perspective thus rehabilitating them. The program has also helped in reducing recidivism. Resultantly, drug abuse related costs have been reduced significantly. Drug-courts are also tackling the problem of prison overpopulation markedly. Despite a few correctable flaws in the design of the program, the drugs courts are justifiably a cutting edge in criminal justice.