...There are many pros and cons regarding drug testing people before they are able to receive welfare benefits. Some people think it is a violation of their rights, the testing is not fail proof, and the cost is usually greater than the benefit. Those who are in favor of drug testing believe it will benefit the welfare system, help the tax payers save money and also help the children of the parents if they are using drugs. Government leaders and most of the general public look at it from a financial point of view while people who receive benefits look at it from a constitutional point of view. The government court system and judges are not backing the drug testing idea because of the fourth amendment. In my personal opinion I am for people being drug tested who receive benefits or any assistance from government funded programs. The middle class worker has to be drug tested to work, earn money and pay taxes. People who receive assistance should not be exempt from this type of requirement. What is Welfare? Welfare is a public assistance program designed to help people who are not able to support themselves fully. Welfare encompasses those government programs that provide benefits and economic assistance to no or low income individuals. It can also be defined as financial assistance to impoverished individuals which is supplied through the taxes paid by the working class. Improving the quality of life and living standards for the poor and underprivileged is one of the main goals of...
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...Court Decisions Checkpoint Axia College Court Decisions Checkpoint The “War on Drugs” is becoming more important to the government, program administrators, policy makers, and the public. Money has become an issue in social welfare programs that is vied for on a daily basis; who will get money to support their causes? In November, 1999, a U.S. District Judge ordered a temporary injunction barring the drug testing of new public assistance applicants in Michigan; citing questionable constitutionality. (Alcoholism and Drug Abuse Weekly, 1999) The use of drugs has long been a concern for citizens when giving money to people who are in need. How often have you heard someone say “Don’t give money to street beggars, they just use it for drugs and alcohol?” The problem of the abuse does not seem to be lessening, but it appears the courts believe that testing before receipt of benefits may not be legal. In this case, I believe that the courts have made the appropriate decision. While the use of drugs and alcohol do contribute to poverty and unemployment, they are also side-effects of a bad situation. While most people feel that those who can work should work, there will always be some that are left without opportunity or ability to provide for themselves and their families. There are several aspects of the drug testing dilemma that must be addressed when reviewing the legality, reality, and constitutionality of such a program. The first issue that must be addressed is equal protection...
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...Efficacy and Cost Savings of Drug Treatment Versus Imprisonment by Doug McVay, Vincent Schiraldi, and Jason Ziedenberg January 2004 Justice Policy Institute 4455 Connecticut Avenue NW Suite B-500 Washington, DC 20008 v 202.363.7847 f 202.363.8677 www.justicepolicy.org POLICY REPORT J u s t i c e P o l i c y I n s t i t u t e Table of Contents Introduction: The national and local problem of drug imprisonment 3 Methodology 4 Finding 1: Treatment can be less expensive than a term of imprisonment 5 Finding 2: Treatment can be cost effective 6 Finding 3: Treatment can reduce substance abuse and recidivism while building communities 9 Finding 4: Promising treatment models exist in Maryland and around the country 11 Maryland: Break The Cycle The Correctional Options Program (COP) Drug Courts: Maryland and the National Perspective California’s Substance Abuse and Crime Prevention Act (SACPA) 11 12 13 14 Conclusion: Drug treatment can be more effective than cycling people in and out of prison 18 Endnotes 20 About the Authors Treatment or Incarceration? was primarily authored by Doug McVay, former research director for Common Sense for Drug Policy, a non-profit dedicated to expanding discussion on drug policy by educating the public about alternatives to current policies. He is the author and editor of Drug War Facts, an annual compendium...
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...Executive Summary The American court system is overflowed with people that suffer from substance abuse. For example drug and/or alcohol related crimes have been implicated in violent crimes, instances of domestic violence, child abuse and neglect cases. Therefore, drug court has come in to offer people arrested for substances abuse related crimes and opportunity to receive community-based treatment with judicial supervision to avoid potential incarceration. For this reason drug court has changed people’s lives in a variety of ways, which are often overlooked, are the positive impact on families and society. Overall, substance abuse offenders have a recurring problem for the criminal justice system as a result drug courts are an important strategy to reduce incarceration, provide drug treatment and reduce recidivism among nonviolent offenders. Another key point is research study by the National Institute of Justice in 2009 called the Multi-Site Adult Drug Court Evaluation confirmed that Drug Courts reduced crime and substance abuse, improved family relationships, and also increasing employment and school enrollment. (Marlowe, 2010) Another key point is drug courts have affected the offender’s criminal behavior and substance use with mandated drug and alcohol treatment. Henceforth drug courts has been a popular diversion program for drug offenders since it’s began in Dade County Florida in 1989. Overview Drug courts represent the criminal justice approach to ensure public...
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...the court officer loudly proclaims: ‘All Rise!’ These two words inspire a sense of awe and respect for our judicial process. But what if the command, ‘All Rise!’ represented a promise — a promise that the court will lighten the burden of people whose problems have become too difficult to overcome alone? What if ‘All Rise!’ became a pledge by the court to look beyond the chaos and wreckage in peoples’ lives caused by addiction and to see their potential? What if ‘All Rise!’ offered the promise to provide the treatment and other tools needed to help people permanently change their lives? When an addict rises out of addiction and crime, we all rise” (West Huddleston, 2011). I thought that was very well put. In this paper, I will touch on the history of drug courts, how they work, and the benefits to the American taxpayers as well as society itself. HISTORY In 1989, the first Drug Court came to be and was located in Miami-Dade County, Florida The Miami-Dade Drug Court ignited a sudden national transformation that has changed our justice system. Ten years later, 492 Drug Courts were in full swing. As of June 30, 2012, 2,734 Drug Courts were in service in every U.S. state and territory. Millions of lives have been changed, thanks to Drug Courts, and they are continuing to spread all over the country and the world. This year, 2,734 Drug Courts will serve over 136,000 people (National Association of Drug Court Professionals, n.d.). A variety of problem solving courts are...
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...the departments of the state government and clarifies the separation of powers within these departments. Section One of Article Four divides the government into three distinctive braches: legislative, executive, and judicial. The legislative branch is composed of the Senate and House of Representatives. The Arkansas Senate has 35 senators and the House has 100 representatives. Their primary role in the government is to make the laws. The executive branch is led by the Governor and also includes the Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, and State Land Commissioner. The judicial branch is composed of five court systems: the state Supreme Court, state Court of Appeals, Circuit Courts, District Courts, and City Courts. The Arkansas Supreme Court is the highest court of the state led by the Chief Justice, who is assisted by six associate justices ("Arkansas.gov: Official Website Of The State Of Arkansas", 2011). Section Two of Article Four states that no one person or group of persons belonging to one of the government departments shall exercise the powers of a different department, except when allowed. The 55th Amendment to the Arkansas...
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...The Economic Benefits of Addiction Treatment Versus Prison Economics 2302 CRN 11789: Chu Nguyen Fall 2013 Lisa Carpenter The Economic Benefits of Addiction Treatment Versus Prison In 2010, it was estimated that there were 22.6 million Americans that were addicted to illicit drugs. The economic effects of drug addiction are staggering. It affects everything from health care costs to prison costs, to unemployment and social costs. In the past, the solution to drug addiction was to lock up the drug addicts and dealers in prison, get them out of the eye of society and the problem will go away. The prisons became overcrowded and new prisons had to be built to accommodate them. In the 1990’s, states started to implement drug courts and began to address the problem of addiction. By treating the demand (the addiction), the supply, and all of the problems that go along with it will ultimately be greatly reduced. A woman, whom I will call Sarah, became addicted to the pain killer, Vicodin when she had her wisdom teeth out. For years, in order to feed her addiction, Sarah would go from doctor to doctor requesting the medication. Eventually, the addiction became so out of control that she needed more pills than the doctors were willing to prescribe her. At this point, if she just stopped taking the medication she would go into physical withdrawals similar to heroin. To get the quantity of medication she needed on a daily basis, she started calling in to the pharmacy...
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...Drug Courts: Adult and Juvenile Rehabilitation Programs Eugene Berry Crj2200 Introduction to Criminal Courts Drug courts handle nonviolent substance abuse offenders, drug courts are used primarily to solve a problem rather than to send someone to jail or lock an offender away with less chance of rehabilitation. In the United States there are currently almost 2500 drug courts in the 50 states as well as the U.S. territories of Guam, and Puerto Ricco. Drug courts got their start in Florida, in 1989 judge Gerald Wetherington, Judge Herbert Klein, and state attorneys designed the court for non-violent offenders in Miami-Dade County, to battle a rising crack-cocaine problem in there city’s. Drug courts are a program the can involve different levels of intensive supervision by the courts themselves, this includes drug testing and substance abuse clinics or treatment programs. Drug court judges gain a lot of discretion and leeway in this system and can give the offenders instant or gradual sanctions if the offenders fail to meet the standards of the program given. To help keep the offenders compliant the courts can offer fewer drug tests, fewer court dates, and even the possibility of reduced or completely dismissed sentences if they programs are fully completed. Drug courts are proven to keep offenders from repeating their offences and the overall reduction in recidivism rates on these charges. There is research being done today that shows this treatment method could reduce drug...
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...Drug Testing Welfare Recipients: Scandal or Solution Welfare programs as we know today were created in the 1930’s during the great depression to aid unemployed and under employed people in supporting their families. (“The”) It was not intended to be a government funded crutch for substance abusers. Often tax payers complain about tax monies being spent to support the habits of drug users who receive welfare. The fix to this problem is simple, drug testing. Drug test everyone on welfare and when the welfare recipient tests positive, take away the benefit. Problem solved. But is it? The consideration of testing welfare recipients for drug use has been debated since welfare reform in 1996. Subsequently, “at least eight states have passed legislation regarding drug testing or screening for public assistance applicants or recipients (Arizona, Florida, Georgia, Kansas, Missouri, Oklahoma, Tennessee and Utah)”. (United, par. 2) Legislators in twenty other states have also proposed drug testing for people who receive welfare. (Prah) However, drug testing welfare recipients is an ineffective use of tax monies because drug abuse is not common in welfare recipients, it is expensive and unproductive, and it is a violation of personal rights. It is easy to believe that most people who receive welfare have some sort of drug abuse problem; nevertheless this could not be further from the truth. The reality is, of the 310 million people living in the United States in 2011, only 1.95 million...
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...Therapeutic Courts Through out the court system there is a up and coming alternate approach to sentencing, this approach is called therapeutic court. Therapeutic court is an alternate sentencing that can either shorten the jail time the offender was sentenced to or erase any chance of the offender serving any jail time at all. This sentencing combines both individual counseling as well as group counseling, also allowing these counselors to give random check ups with home visits and strict supervision. This type of court gives nonviolent offenders the chance to not only to stay out of prison but also the chance to better themselves by completing this “rehab like” sentencing and beating their addiction of drugs/alcohol. The history of therapeutic courts started in the mid 1980s when drug cases increased due to the war on drugs crackdown. More and more people were being arrested, prosecuted, and imprisoned for possession of illegal drugs. As time went on, drug abuse violations grew to “the largest single category of police activity - more than 1.5 million per year”(America’s Courts pg106) the majority of these crimes taking place in the countries largest urban areas. With the rapid increase of caseloads that were not seen as extremely dangerous crimes, courts soon began to seek alternative methods to help manage this drug abuse crisis. The idea that was created is known as drug courts and they viewed offenders not as criminals but as offenders with a drug abuse addiction. Soon...
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... Alternatives to Imprisonment 2 Table of Contents Table of Contents……………………………………………………………………….2 Abstract…….....................................................................................3 A look at why we Imprison Convicts………………………………………….4 Drug Courts and Drug Treatment Programs………………………………4 - 5 Probation…………………………………………………………………………………5 - 6 Fines and Restitution……………………………………………………………….6 -7 Community Service………………………………………………………………….7 Home Confinement…………………………………………………………………7 – 8 Works Cited……………………………………………………………………………9 - 10 Alternatives to Imprisonment 3 Abstract In the following research paper we are going to discuss imprisonment. We are going to discuss why people are incarcerated as well as talk about different alternatives to imprisonment. We will then touch on benefits of each alternative as well as the negative aspects. Alternatives to Imprisonment 4 A look at why we imprison convicts- Imprisonment is defined as “putting someone...
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...Drug courts combine treatment with incentives and sanctions. Sanctions can and do include mandatory, as well as, random drug testing of the offender. Drug courts are a proven tool for improving public health as well as public safety. They provide an innovative way for collaboration between the judiciary, prosecutors, law enforcement and other community corrections agencies, drug treatment providers and community support groups. The effectiveness of these courts is well documented since they first started operating in the United States 20 years ago. In a time of limited resources for local and state budgets, drug courts offer a cost effective way to increase the chances for the nonviolent offender to achieve sustained recovery, thereby reducing recidivism for the offender. The drug court movement began in the 1980s as a response to the growing number of drug cases brought before the court. Law enforcement and corrections agencies policies alone were not having the effect on the drug trade that proponents of the war on drugs had hoped for. An administrative order from the chief judge of Florida’s Eleventh Circuit in 1989 implemented the first drug court in the United States. (Engen, & Steen (2000). The responsibility of the prosecuting attorney is to protect the public’s safety by ensuring that each candidate is appropriate for the program and complies with all drug court requirements. The responsibility of the defense counsel is to protect the participant’s due process rights...
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...Alternatives to Incarceration Community based correction is a program which is supervised to deal with people who have been convicted or are facing conviction. It is a non-incarcerated system of corrections. Late eighties and early nineties have brought a new revolution in the justice system. Parole and probation have always been a way of community correction, but with technological advancement and considering the psychology of convicted people, correction programs have widened to accommodate work releases, day fine programs, electronic monitoring, home confinement, community service, half way houses, boot camp prisons, restitution, check-in programs, mediation, curfews, restorative justice centers, drug checks, alcohol checks and other methods where there is a certain level of trust between the offenders and the people involved. The objective of this essay is to compare and contrast characteristics and goals of halfway houses, day reporting centers, and drug courts. Their similarities and difference in regards to incarceration will also be discussed. Halfway houses, also called “community correction centers” or “residential reentry centers” are used mostly as an intermediate housing option to help a person return from prison to the community after he has served a prison sentence (Bayens & Smykla, 2013). Sometimes, though, halfway houses can be used instead of prison or jail, usually when a person’s sentence is very short. For example, halfway houses may be a good choice...
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...(16). Policies derived from the War on Drugs influenced the widespread of mental and substance abuse disorders among populations of incarceration (16). In order to accomplish the goal of preventing incarceration, evidence based treatments within corrections focus on prevention strategies (16). Evidence supports the idea of healthcare interventions aiding in the reduction of crime, and recidivism rates (16). These types of interventions can reduce costs to society, and improve the therapeutic outcomes of individuals who suffer from substance abuse and mental disorders (16). Mental health courts (MHC) offer a promising alternative to incarceration. Crime can produce inevitable effects, and cause society to experience considerable economic costs (1). The combination of correctional and drug policies in the United States have contributed to the rise in prison populations across the country, resulting in billions of dollars in economic losses (1). Programs such as problem-solving courts can generate benefits by reducing costs caused by crime. The objective of many MHC studies is to provide evidence that...
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...Employment Law Description and Requirement of Law Court Case Influential to Establishment of Law Importance of Law Workplace Application Civil Rights Act of 1964 “Prohibits discrimination in all employment decisions on basis of race, religion, ethnicity, sex, and national origin.” (DeCenzo, Robbins, & Verhulst 2013). In Griggs v. Duke Power Co., the Supreme Court ruled that Title VII of the 1964 Civil Rights Act prohibits not only intentional job discrimination, but also employer practices that have a discriminatory effect on minorities and women. The Court held that tests and other employment practices that disproportionately screened out African American applicants for jobs at the Duke Power Company were prohibited when the tests were not shown to be job-related This law is important because it gives every person applying for a job equal rights. An employee cannot be discriminated against for being Catholic. An employee has the right to choose their religion and to not be discriminated against. Equal Employment Opportunity Act The Equal Employment Opportunity Act of 1972 is the act which gives the Equal Employment Opportunity Commission (EEOC) authority to sue in federal courts when it finds reasonable cause to believe that there has been employment discrimination based on race, color, religion, sex, or national origin. In the case of public employment, the EEOC refers the matter to the United States Attorney General to bring the lawsuit. McDonnell Douglas...
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