Drug Abuse: Punishment Vs. Treatment

In the United States there is an ongoing problem with drug abuse. Drug abuse is defined as the use of illegal drugs or the inappropriate use of legal drugs. According to the National Institute On Drug Abuse addiction is defined as a chronic, relapsing brain disease that is characterized by compulsive drug seeking and use, despite harmful consequences (Drugs, Brains, and Behavior - The Science of Addiction 5). The current method of punishment for addressing drug abuse comes in the form of jail or prison sentencing, probation, or mandatory treatment. Despite the fact that drug abuse is a crime society has the right to expect that a successful approach be taken to address the current problem with drug abuse. Drug abusers should be punished for committing a crime, but drug abusers also need to learn how to avoid a relapse and seek treatment for their addiction.

In regard to the criminal justice system there is often a debate as to whether rehabilitation is the answer. "Some in the criminal justice world, including some judges, and many in the political world say that sending someone to prison where drugs are unavailable (at least theoretically) is the equivalent of treatment, and that once that person has been away from drugs for a couple of years they will be cured" (Alcoholism & Drug Abuse Weekly 3). Others feel that abstinence is not a form of rehabilitation and an end to drug abuse. "A recent national survey found that 72% of respondents completely or mostly agreed that "the criminal justice system should try to rehabilitate criminals, not just punish them" (Vanderwaal et al. 3). Many questions arise as to if rehabilitation is a means to an end in criminal behavior. "Research from the Substance Abuse and Mental Health Services Administration suggests that treatment can cut drug abuse in half, reduce criminal activity up to 80 percent, and reduce arrests up to 64 percent" (NIDA InfoFacts: Treatment Approaches for Drug Addiction).

Punishment has been the main goal to achieve when dealing with individuals who commit acts of crime. As a result, drug offenses have been a leading cause of the recent and rapid population increases in federal and state prisons (Mumola, 1999). Under the criminal justice system drug abusers are punished under mandatory minimum sentencing laws and laws vary from state to state.

Many individuals feel that drug abusers should be punished for their crimes, due to the fact that they fear for their safety and the safety of society. Drug abuse leads to other criminal activity in most instances. "The latest estimate for the costs to society of illicit drug abuse alone is $181 billion in 2002" (NIDA InfoFacts: Treatment Approaches for Drug Addiction). "Untreated substance abuse and addiction add significant costs to families and communities, including those related to violence and property crimes, prison expenses, court and criminal costs, emergency room visits, healthcare utilization, child abuse and neglect, lost child support, foster care and welfare costs, reduced productivity, and unemployment" (NIDA InfoFacts: Treatment Approaches for Drug Addiction). The criminal justice system is now taking into consideration that treatment for drug offenders may be more effective.

Effective treatment for drug abusers cost money and this is a major concern for society. With the amount of money spent on building and maintaining prisons each year is rehabilitation worth the financial investment. "The cost of treating drug abuse including research, training, and prevention efforts was estimated to be $15.8 billion, a fraction of these overall societal costs" (NIDA). There are several states that are implementing mandatory treatment programs to offenders in jail or prison. "Although advocates have high expectations for diversion initiatives and laws, it is not clear what effect such laws have had or will have on state budgets or incarceration rates" (VanderWaal et al. 18).

The main goal of incarceration over rehabilitation is to punish offenders for a certain amount of time for committing a crime. If all drug offenders were to be sentenced to rehabilitation how long should the offender be ordered to seek treatment? This is the main concern of the criminal justice system. For instance, if a drug offender is not incarcerated and monitored how are we as a society to know that they have been successfully rehabilitated. Drug abusers may be ordered to seek compulsory treatment for their addiction. In a recent opinion poll "First, the general public, front-line addiction counselors and probationers all believed that forced treatment would help a smaller number of clients seeking substance abuse treatment than would be the case for voluntary treatment" (Wild et al. 9).

As stated previously drug abusers are viewed as individuals who have committed crimes and some individual lead toward punishment while others view rehabilitation as a key factor in treatment. There are several states now implementing new drug laws in favor of not incarcerating drug offenders, but rather try to rehabilitate them. The amount of time an offender can spend in rehab is indefinite and mainly depends on what sort of treatment the offender needs. Research has shown that drug offenders can be treated successfully with the proper treatment and medications. However, the concern for treatment not being effective and drug abusers relapsing and returning to criminal activity are an issue. "Most legislators, state and national, continue to rely on gut reaction in enacting laws and refuse to consider up-to-date scientific, medical, and sociological studies" (Curtin 1). But there are many states now considering the wealth of new information of drug addiction and enacting new laws to reduce drug abuse.

Scientific research has made it possible for society to better understand drug abuse. "Discoveries in the science of addiction have led to advances in drug abuse treatment that help people stop abusing drugs and resume their productive lives" (Drugs, Brains, & Behavior - The Science of Addiction). Like any other disease drug abuse should be treated so drug abusers will be able to maintain a normal life in society. Many states have disregarded the ideal of rehabilitation for drug offenders. This has lead to overpopulated prisons and a rise in costs to maintain the current prisons and the cost for building new ones.

Punishment over rehabilitation is a short term fix to a crime while an offender is incarcerated. Rehabilitation offers drug offenders the ability to be rehabilitated through counseling, therapy, and medication. Offenders who seek treatment will be less likely to relapse versus an offender who has not had the proper form of treatment for their addiction. However, this does not mean that a drug abuser who has sought treatment will not relapse. "Drug abuse is best treated by combinations of continuing outpatient therapy, medications and monitoring, with the goal of retaining drug abusers in that treatment/monitoring regimen to maximize and maintain the full benefits of treatment" (Investing In Drug Abuse Treatment A Discussion Paper For Policy Makers 6).

Punishment through incarceration can have negative impact in convicted criminals. Supporters for rehabilitation claim that incarceration hurts the family structure and produces employment challenges. Once a convicted criminal is released from jail or prison finding employment can be hard due to the fact that they are now labeled as a criminal. Incarceration also puts financial and emotional stress on the family of the offender. Non-violent drug charges would benefit from rehabilitation versus punishment. "Because of the curtailment of job training and other rehabilitation programs, these inmates have a slim prospect for employment when released" (Curtin 3). After being released from incarceration many offenders often return their old life and continue to commit crimes and abuse drugs. "What these individuals need is not more prison time, but job training, counseling, and other provisions to ease their way back to life on the outside in an effective way" (Curtin 4).

The financial burden that incarceration has on our society in astonishing. "The 1997 figures from the United States suggest that federal, minimum security prison cells cost approximately US$ 35,000 per cell to build and approximately US$ 27,000 per year to maintain per inmate" (Investing In Drug Abuse Treatment A Discussion Paper For Policy Makers 17). Rehabilitation programs are now being introduced to help prevent crime and also reduce the rising cost of incarceration. "It is estimated that for every dollar spent on addiction treatment programs, there is a $4 to $7 reduction in the cost of drug-related crimes" (NIDA InfoFacts: Treatment Approaches for Drug Addiction). Research has shown rehabilitation to be more cost effective than incarceration. Several states are now introducing rehabilitation programs to reduce the cost of punishment.

While several states are implementing rehabilitation programs there are still many states yet to adopt these changes. There are still many skeptics that fell that rehabilitation may not be worth it or find that it in not effective. In a recent interview with Mrs. Smith a rehabilitation counselor she finds that rehabilitation is effective as long as the abuser continues treatment. Unlike punishment where the criminal is released rehabilitation is ongoing and can last for several years to ensure the abuser is properly rehabilitated. Like other diseases drug addiction can successfully be treated. "Treatment enables people to counteract addiction's powerful disruptive effects on brain and behavior and regain control of their lives" (Drugs, Brains, & Behavior - The Science of Addiction 29). Treatment has been found to be successful only if the drug abuser follows the guidelines given by the treatment provider. As stated previously this does not mean that an abuser will not relapse. "Treatment of chronic diseases involves changing deeply imbedded behaviors, and relapse does not mean treatment failure" (Drugs, Brains, & Behavior - The Science of Addiction 30).

The issue of whether rehabilitation is more effective than punishment has lead scientists to conduct research to answer this question. When it comes to addressing drug offenders the criminal justice system wants to see changes among drug abusers. These changes use to only exist in the form of punishment; however rehabilitation is now being implemented instead of punishment. Rehabilitation and punishment are two key factors of the criminal justice system and will be successful in deterring crime if there is a way to integrate the two to work together.

The majority of society views drug abusers as criminals who have broke the law and need to be punished. While there is a lot of validity with this drug abusers also need to be educated on addiction and receive treatment for their addiction.

The criminal justice system is seeking solutions to the drug abuse problem. Punishment usually exists in the form of incarceration. It has been reported that "between 70 and 98 per cent of those who have been imprisoned for drug-related crimes and not treated during the course of their incarceration relapsed within the year following release" (Investing in Drug Abuse Treatment a Discussion Paper for Policy Makers 28). Static's like this have lead states to adopt new policies on drug laws. While drug offenders should be punished, treatment needs to be made available to the offender.

Some may argue that drug offenders do not deserve treatment and should be punished. "Independent studies reveal that many individuals in prison could lead productive lives if given adequate counseling and attention" (Curtin 4). The criminal justice system is now becoming educated on addiction. Addiction was previously believed to be a problem that society was faced with. Recent studies have shown that addiction is a disease and needs to be treated like any other disease. In the United States drug offenders will be sentenced to a minimum sentence under the current laws in place. Our tough punishment approach has lead to lower crime static's, but when offenders are released from prison they will most likely continue to their old life and begin using again. "Rewarding positive behavior is more effective in producing long-term positive change than punishing negative behavior" (NIDA).

It is relevant that the problem of drug abuse needs to be addressed. Treatment programs are available to drug abusers only if they are able to get treatment. Static's have shown that treatment is more effective than punishment. However, I do not believe that drug offender should not be punished at all. Both sides agree that the offender needs to be rehabilitated. However, the key factor is how to rehabilitate the offender. Some say incarceration and others lean more toward rehabilitation. Punishment has always been favored based on the fact that will put fear in the offender and keep them from committing another crime. Punishment through incarceration is only a short term fix to the problem while the offender is incarcerated. There are several factors as to why incarceration has not been successful in preventing drug offender from committing another crime. Without proper treatment the offender is more likely to relapse and continue to abuse drugs once released from incarceration.

It is obvious that something needs to be done in helping drug offenders rehabilitate and return to society to live a normal and productive life. Both sides have a lot in common, but also have different views in regards to how drug offenders need to be punished. There are various treatment options for drug abuse in prison and jail settings. However, treatment will not work for every individual. As the problem with drug abuse continues to grow treatment programs will become more readily available to those who seek treatment. Treatment over punishment may be the best answer to the problem. But static's have proven that treatment is a more permanent fix to the problem.