Breaking the addictive cycle of the system: improving US criminal justice practices to address substance use disorders

• Pages: 4-16
• DOI: https://doi.org/10.1108/IJPH-07-2014-0023
• Published date: 16 March 2015
• Date: 16 March 2015
• Author: Albert M. Kopak
• Subject Matter: Health & social care,Criminology & forensic psychology,Prisoner health

Breaking the addictive cycle of the system:

improving US criminal justice practices to

address substance use disorders

Albert M. Kopak

Dr Albert M. Kopak is an

Assistant Professor, based at

Department of Criminology &

Criminal Justice, Western

Carolina University, Cullowhee,

North Carolina, USA.

Abstract

Purpose – Recent political commentary in the USA has suggested that there is great potential for current

criminal justice practices designed for drug-involved offenders to be significantly overhauled in the

near future. It is imperative to plan for these changes by assessing how well current programs serve

drug-involved criminal justice populations. The paper aims to discuss these issues.

Design/methodology/approach – This critical assessment begins with an overview of the most recent

research on the prevalence and impact that substance use disorders have within the criminal justice

system. Although the evidence demonstrates that relying on incarceration as a crime control method for

drug-involved offenders has many shortcomings, there are innovative new programs being adopted across

the country. Twoof these promising programs are discussed, as well as the potential results that could be

realized from integrating medication assisted treatment into appropriate criminal justice programs designed

for drug-involved offenders.

Findings – Incarceration is a failed practice for attending to the underlying reasons why many drug-involved

offenders become involved in criminal activities. There are encouraging new programs emerging in different

parts of the USA, but the inclusion of supplemental treatment options could further promote positive

outcomes.

Originality/value – The impending expansion of criminal justice programs for drug-involved offenders must

consider how innovative new programs can be fused with supplemental treatment options to achieve

the best results.

Keywords Criminal justice system, Substance abuse, Offender health, Drug dependence,

Problematic drug use, Drug addiction

Paper type General review

Introduction

In August 2013, Attorney General of the USA, Eric Holder, announced that the Department of

Justice would make a significant modification to its charging policies (United States Department

of Justice, 2013). From this point forward, federal prosecutors have been directed to no longer

charge low-level drug offenders with offenses that are likely to draw lengthy mandatory

minimum sentences. Instead, these offenders will be funneled into alternative programs as

opposed to being incarcerated. Although it may seem inconsequential and long overdue, this

public statement is a turning point in an entrenched and misguided approach to handling

drug offenders. Harsh punishments for drug-related offenses have been the norm for decades

(since the initial declaration of the War on Drugs by President Nixon in 1971), and incarceration

has been the mainstay of this systemic approach without considering one of the primary

underlying causes of drug-related criminal activity: substance use disorders.

The US criminal justice system currently warehouses people who suffer from substance

use disorders. Substance use disorders, according to the recently released Diagnostic and

Statistical Manual of Mental Disorders (DSM-5), now include past designations of substance

The author thanks the attendees of

the 2014 Rutgers University

Summer School of Addiction

Studies (SSAS) for their helpful

comments on an early draft of this

paper. The thoughts expressed

here are purely those of the author

and do not reflect the viewpoints of

those who provided feedback.

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INTERNATIONAL JOURNAL OF PRISONER HEALTH

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VOL. 11 NO. 1 2015, pp. 4-16, CEmerald Group Publishing Limited, ISSN 1744-9200 DOI 10.1108/IJPH-07-2014-0023