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CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Posts tagged prosecution of drug use
Judging Addicts: Drug Courts and Coercion in the Justice System

By Rebecca Tiger

The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.

New York; London: NYU Press,  2012

Evaluation of Prosecutorial Policy Reforms Eliminating Criminal Penalties for Drug Possession and sex Work in Baltimore, Maryland

By Saba Rouhani, Catherine Tomko,  Noelle P. Weicker, Susan G. Sherman 

 In March 2020, State’s Attorney Marilyn Mosby announced that drug and paraphernalia possession as well as prostitution would no longer be prosecuted in Baltimore City. • In the 14-month period following the policy change, we observed significant declines in arrests for drug and paraphernalia possession as well as prostitution, as reported by both the Baltimore Police Department and the State’s Attorney’s Office. Using Baltimore Police Department-reported arrest data, we estimated that 443 drug and paraphernalia possession arrests were averted in the 14-month period following the policy change, the majority (78%) of which were averted among Black individuals. • Using Maryland Courts Judicial Information Systems arrest data, we found an extremely low prevalence of rearrests for serious crimes, such as robbery and assault, in the 14-month period following the policy change: 0.8 percent, or six of the 741 individuals whose drug and prostitution charges were dropped. This suggests that the vast majority of direct beneficiaries of the policy change did not go on to commit crimes threatening public safety. • There was no evidence of an increase in public complaints pertaining to drugs or prostitution, measured by 911 calls made in Baltimore City, following the policy change. • Though causality cannot be established, these preliminary findings suggest that declining to prosecute low level drug and prostitution offenses may avert arrests among individuals with intersecting vulnerabilities without posing a threat to public safety or resulting in increased public complaints. Ensuring that these individuals can access health and social service instead of criminal punishment is a public health priority.

Baltimore: Johns Hopkins Bloomberg School of Public Health ,  Department of Health, Behavior and Society:  2023. 21p.