Addiction and the Criminal Justice System
By Judis Andrews
Many Americans have an image of a criminal as being a drugged-out, morally deprived, poverty driven person of color, who will most likely spend his life in and out of prison. This is not an accident, or a coincidence. The upper classes of society have established a system where those seeking to escape the pain and poverty of their existence (i.e. the lower classes) are being blamed for all of the robbing and pillaging perpetuated on society. The system is designed to sell them a myth - the threat to “law¬abiding America” comes from below them on the economic ladder. Meanwhile, the upper classes continue to steal with immunity. This systematic criminalization is never more apparent then when we examine the relationship between drug use, addiction, and the Criminal Justice System.
Here are some facts:
An 1997, there were 1,130,465 people in prison. In 2000, there were over two million people in prison. (Justice Policy Institute). During the same period, drug offenders rose from 8% to 26% of the total prison population.
In 1995, Americans spent $57 billion on illegal drugs: $38 billion on cocaine, $10 billion on heroin, $7 billion on marijuana, and $3 billion on other illegal” drugs.
African Americans make up 12% of the population, and 13% of monthly drug users… but represent 35% of those arrested for drug possession, and 55% of those sent to prison for drug possession. (1997 Sentencing Project, based on Justice Department statistics).
There are 15 million alcoholics in America. While alcohol is the most socially accepted drug available, most states have lowered the blood-alcohol level of criminal intoxication from .10 to .08, and dramatically stiffened the DUI laws. This has in effect criminalized an addiction to a drug that has one of the strongest lobbying bases in Washington D. C.
As addicts, this is the landscape we face. While we struggle to deal with a disease most don’t even understand, we are ostracized by our families, hunted by the government, and treated as if we have caused all the ills in society.
Why? What has the persecution of the addict achieved? Politicians promise to “get tough on crime”‘ but the fact is this war on drugs has been ineffective and futile. Wouldn’t a more effective policy be to decriminalize drug use, and take the monies being spent on an ineffective war on addiction and use them on education and treatment?
According to the National Improvement Study, use of illicit substances in the first year after treatment entry declined about 50% compared to the year before. Arrest rates fell substantially in the sample, from 48% to 17%. (Note: This study is based on more than 5,300 clients in programs funded by the Federal Center for Substance Abuse Treatment.)
A study conducted by the Rand Corporation Drug Policy Research Center entitled, Controlling Cocaine: Supply vs. Demand Programs found treatment to be seven times more cost effective than domestic drug enforcement in reducing cocaine use and fifteen times more cost effective in reducing the social cost of crime and lost productivity.
Quite simply, treatment is more effective than incarceration. The cycle of addiction cannot be broken by incarceration, if indeed that is society’s intentions.
Let’s consider what becomes of the addict who gets prison instead of treatment. According to Robert Johnson and Hans Toch in The Pains of Imprisonment; “The prison survivor becomes tougher, more pugnacious, and less able to feel for themselves and others. Non-survivors become weaker, more susceptible, and less able to control their lives.” Is there any doubt we need to create a meaningful, post-release non-criminal alternative for the ex-offender?
Our prisons are over-crowded, and yet we continue to implement failed policies. America’s drug laws are designed to incarcerate and punish the users while the manufacturers and sellers operate with immunity for the most part. If a major drug figure is ever arrested, they usually make a deal with the government to inform on others, and are allowed to walk away scoff free, or with a simple slap on the wrist. It is obvious this is a legal system weighted to favor money and influence, and punish the less fortunate.
Here is my point- we have a criminal justice system designed to enhance a capitalist society. Like they say in the movie Jerry Mc Guire, “Show me the money.” Again, the facts:
Crimes to obtain property make up 90% of the crime rate.
Of the estimated 1.2 million people in state prisons in 1998, one-third were not employed at all (full or part-time) prior to their arrest.
The irony is the contribution the incarcerated make to society is by their incarceration. They create jobs, and often bolster the economies of faltering rural communities. The truth is incarceration is an industry, and the incarcerated have become the product. It’s nothing personal, strictly business.
As one of the incarcerated, the question we must ask ourselves individually is whether we will continue to serve as fodder for the fire, succumbing to our addictions, and becoming a statistic, or recognize the ruse, and make a focused, determined effort to live and maintain a sober lifestyle? And what about society? Will we in society continue to treat the addict as a criminal, instead of someone who suffers from a mental, physical, and emotional illness? Can we separate the potential for productivity within the individual from and unbalanced desperate person who is caught up in their addiction? These are our fathers, our sons, our mothers, our daughters- they are us. They deserve more, we deserve more, America deserves more.
We, America, must create a meaningful post- release alternative to drugs and crime. Our goal should be to create viable options through education, vocational training, and career opportunities. We are living in an incredible time in our country’s history- a time of opportunity and hope. The addict and the exoffender constitute too large a portion of our population to ignore their needs or their possible contribution.
In addition to creating a financial base, the sobriety of the exoffender has to be supported with a structured post- release program, and a mandated pre-release substance abuse program. Honestly, if the addict could stay sober and productive on his own, don’t you think he would? Lack of knowledge and understanding about addiction hinders any efforts toward sobriety. Often these problems are complicated by mental and emotional issues, so where is the logic in releasing someone into society from prison without any skills, any structure, or plan to remain sober and free? Unless of course, your intention is for this person to fail.
Mental health programs in addition to substantial substance abuse programs can be created and implemented in our prisons and jails if our government makes a commitment to rehabilitation as opposed to warehousing, in essence, throwing away not just the key, but the future of a large, unspoken for portion of society.
Keep this in mind- most incarcerated people will be released one day. What type of person will our current system create and then unleash into our neighborhoods? Persons who are angry, bitter, frustrated, lacking goals and focus, desperate for another hit? This doesn’t have to be.
America, we have got to do better We can no longer afford to allow politicians to pander to our fears, or turn a blind eye to what it is law enforcement agencies do with the billions we give them every year. America needs to spend its resources on its citizens. Substance abuse programs, as well as mental health programs must be a mandated part of the funding of our criminal justice system. Vocational rehabilitation, job mentoring, and career counseling has to be emphasized.
The quality of a society is reflected in how it treats its sick and poor. We, America, are better than that, and we must do better.
Comments
By Criminal Justice Degrees on October 9th, 2009 at 5:09 am
Hi, Very nice post. Thanks for posting such an informative post on Addiction and the Criminal Justice System. I like such type of post and will tell others about it. Thank you very much for taking the time to post this article. Look forward to reading more articles from you in the future.
By Sheryl Cruz on October 21st, 2009 at 4:29 pm
Very nice piece and the truth prison is not the answer for this people.I know here in Ohio all they say is let prison deal with it no help just ship em out and hell with it.I look forward to reading more Thank you