Drug courts came into existence a little over two decades ago, based on the fundamental premise of giving individuals without a serious criminal history–but struggling with addiction—the chance to turn their lives around by sending them to treatment for their addiction instead of sending them to prison. By successfully completing a treatment program, these individuals would then avoid a criminal conviction or prison time—or both.
One of the First
The state of Delaware was a bit of pioneer in the drug court arena, with Superior Court Judge Richard Gebelein starting the drug court there about 20 years ago; a time when it was one of few such courts in the nation.
Delaware Superior Court Judge Jerome O. Herlihy now cites the existence some 2,700 such drug courts across the United States. Advocates and attorneys are in agreement that Delaware is setting a good example of the workability of addressing addiction with the drug diversion court.
Drug court offers the offender a second chance, but as Judge Herlihy points out, it is ultimately up to the individual to make the right choice and complete the program.
Because state prosecutors make the decision as to who is offered the opportunity to enter the drug diversion program—and who is not—it is therefore set-up so that it cannot be used by repeat felons or violent criminals as an escape from justice.
Annemarie Puit, Deputy Attorney General, cites the qualifications an offender must meet in order to be a candidate for drug court. The individual must have no criminal history; they must be charged with a drug crime; and there must be evidence that they have a drug addiction and would get benefit from enrolling in a treatment program.
Puit notes that if a person meets those criteria, then drug diversion is usually offered to them; adding that most cases sent to drug diversion involve simple possession. But a case which is more serious, such as drug dealing, may be offered drug diversion if it is clear that it was small-time dealing done to support the offender’s drug habit.
More on Drug Court
The Delaware drug court diversion program will also consider cases of low-level felonies, like shoplifting or theft, if the crimes are clearly tied to the individual’s addiction. The Delaware Deputy Attorney General clarifies that no gun cases, no robberies, and no burglaries are considered for drug court. Furthermore, in a case which involves a victim–as there would be in a theft for example–the victim must be in agreement that the defendant be given the opportunity for drug diversion.
Deputy Attorney General Puit wisely points-out that addiction fuels crime, and the diversion program “makes sense from a prosecution point of view”, due to the fact that it addresses the root cause of a drug-related crime. Moreover, by helping the addict, Puit notes that we are at the same time, helping to prevent crime.
One Delaware attorney cites opiate addictions, including heroin, as particularly difficult to overcome; adding that despite the threat of prison being held over their heads, some of these addicts still cannot free themselves from their addiction. In such cases, the drug diversion program may not work for them.
President of the Addictions Coalition of Delaware, Joe Connor, was there when the drug court diversion program began in 1994, and continues to express his full support of the program.
Based on his experience over the last two decades, Connor finds the drug court to be extremely effective at keeping those who do not need to be in the prison system out of that system.
According to Connor, by sending addicts to prison, we do nothing to help our society. Rather, by returning them to the community with the support needed for them to re-enter society successfully and without re-offending actually helps everyone.
It is an opportunity for a second chance—one that most drug addicts deserve.
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