Publication Date
2008
Abstract
Covering developments in the drug treatment court movement in the years since the turn of the millennium, Judge Hora and Mr. Stalcup inform the reader about updates relevant to the subject and address the arguments and concerns of other authors. The Article reviews drug treatment court basics, describes their function, and evaluates legal aspects of drug treatment court practice. The authors' analysis includes the latest in genetic research, penal statistics, and recent court cases that bear on the subject. Beginning with the premise that traditional criminal case processing does not address the underlying causes of much criminal behavior, the authors argue that drug treatment courts provide a practicable alternative. The authors address other authors' concerns about due process and equal protection for defendants, as well as the ethical duties of judges and defense attorneys. By providing examples from case law and the experiences of practitioners, the Article seeks to allay such concerns while making recommendations for improved practice in existing and proposed drug treatment court systems. The Article concludes that drug treatment courts-and problem-solving jurisprudence in general-offer a real-world solution to the problem of an overburdened criminal justice system. Because a majority of crimes involve some form of substance abuse, the marriage of drug treatment and the courts reduces recidivistic behaviors and provides tangible financial benefits to resource hungry jurisdictions
Recommended Citation
Hora, The Honorable Peggy F. and Stalcup, Theodore
(2008)
"Drug Treatment Courts in the Twenty-first Century: The Evolution of the Revolution in Problem-solving Courts,"
Georgia Law Review: Vol. 42:
No.
3, Article 3.
Available at:
https://digitalcommons.law.uga.edu/glr/vol42/iss3/3