Are Drug Courts A Fraud?

There is a hot debate brewing on the validity of drug courts. According to the National Drug Court Institute, Drug courts is a voluntary program for persons who are charged with drug related crimes. These programs, built around the judicial system, provide for diversion of individuals from traditional criminal courts to an intensive interactive program involving criminal justice professionals including the judges themselves who work on an intense one and one basis with drug offenders in an attempt to change their ways. The conventional wisdom is that these programs are working well. Recently a controversy has errupted about their efficacy.

Crime and Consequences has a guest post written by Steven K. Erickson entitled “The Drug Court Fraud”in which the author challenges the overall sucess rates of these programs. Mr. Erickson correctly challenges some flaws in this sucess reporting statistics, but moves from this position to write a blistering indictment on these programs generally. Texas Attorney Jamie Spencer has done a succinct job in criticizing Mr. Erickson’s analysis.

I don’t doubt that there may be some puffery on statistics.  Mark Twain said that there are lies, damn lies, and statistics.   I have, however, seen drug courts in action and they definitely have some successes.   I am aware of the danger of andectodal evidence however I strongly believe that any program that provides personal attention and a support network to those with drug problems is a useful enterprise.  I also think that making judges a partner in rehabilitation will help bring home the defendant’s humanity and help judges remember at sentencing time that the people in front of them are just that and not file numbers.