Public Health and the Criminal Justice System

Author(s):  
Gary Tennis ◽  
Kenneth J. Martz ◽  
Jac A. Charlier

Approximately two-thirds of America’s incarcerated population suffers with untreated or undertreated substance use disorders, and many of those individuals commit several crimes related to drug use and addiction on a daily basis prior to being incarcerated. To end the opioid epidemic in the United States we not only need to bolster our health care and public health response to substance use disorders, we need to engage the criminal justice system as a specific touchpoint for public health intervention in communities and states across the country. The principal argument in the chapter is that while individuals with opioid and/or other substance use disorders should get treatment before ever being involved in crime—if they are justice-involved, it is imperative that the criminal justice system serve as a belated but necessary public health and health care intervention supportive of treatment, recovery, and prevention of addiction.

CNS Spectrums ◽  
2020 ◽  
Vol 25 (5) ◽  
pp. 701-713
Author(s):  
Michael A. Cummings ◽  
Charles Scott ◽  
Juan Carlos Arguello ◽  
Ai-Li W. Arias ◽  
Ashley M. Breth ◽  
...  

AbstractThe Cal-DSH Diversion Guidelines provide 10 general guidelines that jurisdictions should consider when developing diversion programs for individuals with a serious mental illness (SMI) who become involved in the criminal justice system. Screening for SMI in a jail setting is reviewed. In addition, important treatment interventions for SMI and substance use disorders are highlighted with the need to address criminogenic risk factors highlighted.


Author(s):  
Michael Greenspan ◽  
Amar Mehta ◽  
Merrill Rotter ◽  
Jeremy Colley

Chapter 21 includes cases that have helped to define basic principles of criminal procedure. The cases do not all involve individuals with mental illness, but the opinions significantly affect how those individuals are processed in the criminal justice system. Robinson v. California and Powell v. Texas were critical in establishing the scope of prosecution permitted against individual with substance use disorders. The other cases in the chapter are Miranda v. Arizona, North Carolina v. Alford and Colorado v. Connelly. The newest case (Commonwealth of Massachusetts v. Eldred) about an alleged violation of probation for recurrent drug use, revisits the Robinson and Powell issue of potentially punishing a person for the symptoms of her addiction (i.e. using drugs).


Author(s):  
Michael Greenspan ◽  
Amar Mehta ◽  
Merrill Rotter

Chapter 22 includes cases that have helped to define basic principles of criminal procedure. The cases do not all involve individuals with mental illness, but the opinions significantly affect how those individuals are processed in the criminal justice system. Robinson v. California and Powell v. Texas were critical in establishing the scope of prosecution permitted against individuals with substance use disorders. The other cases in the chapter are Miranda v. Arizona, North Carolina v. Alford, and Colorado v. Connelly.


1975 ◽  
Vol 5 (3) ◽  
pp. 220-232 ◽  
Author(s):  
S. George Clarke

Since the mid 1930's there has been an accelerating growth in understanding the nature and scope of alcohol abuse, and a modest increase in resources to combat it. Although, as early as 1869, a significant court decision held that alcoholism could be viewed as an illness, It was not until the second half of the 1960s that the next such findings, this time by Federal courts, set the course of continuing action to take alcoholism out of the criminal justice system and place it under the aegis of health care. The status of alcoholism legislation in thirty-eight states is examined, based on their resonse to a survey questionnaire and other data provided by the National Institute on Alcohol Abuse and Alcoholism. Alternate treatment systems, developed and tested by the Ontario Addictions Foundation, provide background to the treatment systems which have emerged in most states which have decriminalized public intoxication.


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