Drug treatment courts and the disease paradigm

Substance Use and Misuse

Volumn 37, Issue 12-13, 2002, Pages 1723-1750

  Nolan Jr , James L ^a  

^a WILLIAMS COLLEGE   (United States)

Author keywords

Criminal adjudication; Disease paradigm; Drug court; Drug treatment courts; Judicial pathologization; Mentoring courts; Therapeutic justice; Treatment

Indexed keywords

CRIMINAL BEHAVIOR; CRIMINAL JUSTICE; DRUG DEPENDENCE TREATMENT; GOVERNMENT; GUILT; HUMAN; OFFENDER; PRIORITY JOURNAL; RECIDIVISM; REVIEW; SELF ESTEEM; SUBSTANCE ABUSE;

EID: 0036447133     PISSN: 10826084     EISSN: None     Source Type: Journal    
DOI: 10.1081/JA-120014428     Document Type: Review

References (32)

1. Platt, A.M. The Child Savers: The Invention of Delinquency; University of Chicago Press: Chicago, 1977.
2. Rothman, D.J. Conscience and Convenience: The Asylum and Its Alternatives in Progressive America; Little, Brown and Company: Boston, 1980.
3. Struggle for Justice; A Report on Crime and Punishment in America Prepared for the American Friends Service Committee; Hill & Wang: New York, 1971.
4. Allen, F. The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose; Yale University Press: New Haven, 1981.
5. Allen goes so far as to argue that new psychologism was in fact an "important factor" in the decline of the rehabilitative ideal. The distinction made by Allen between the new psychologism and the rehabilitative ideal is very similar to that made by John Steadman Rice between earlier "therapies of adaptation" and the newer "therapies of liberation." Both authors see such themes as the preoccupation with self-esteem, self-realization, and self-actualization as clearly more pronounced in the newer forms of therapy/psychologism - an emphasis that, as demonstrated in this article, is prominent in the drug court movement.
6. Rice, J.S. A Disease of One's Own: Psychotherapy, Addiction, and the Emergence of Co-Dependency; Transaction: New Brunswick, 1998.
7. David Musto observes, for example, that not until the late 1960s were "bars removed from the Lexington facility and the cells turned into rooms."
8. Musto, D.F. The American Disease: Origins of Narcotics Control; Yale University Press: New Haven, 1973.
9. Johnson, J.M.; Waletzko, L. Drugs and crime: A study of the medicalization of crime control. Perspectives Social Problems 1992, 3, 97-219.
10. Nolan, J.L. Reinventing Justice: The American Drug Court Movement; Princeton University Press: Princeton, 2001.
11. Quotes in this article are taken from individual interviews, statements made in court, or comments made during panel discussions at national conferences and mentoring court training sessions. Unless indicated otherwise in the text, the quotations are from individual interviews with the author.
12. For arguments regarding the triumph of the therapeutic sensibility in American culture see Rieff, Lasch, Berger. For a review of this literature see Nolan.
13. Rieff, P. The Triumph of the Therapeutic; University of Chicago Press: Chicago, 1966.
14. Lasch, C. The Culture of Narcissism; W.W. Norton: New York, 1978.
15. Berger, P. Toward a sociological understanding of psychoanalysis. Social Res. 1965, 32, 26-41.
16. Nolan, J.L., Jr. The Therapeutic State: Justifying Government at Century's End; New York University Press: New York, 1998.
17. Terry, C.E.; Pellens, M. The Opium Problem; The Committee on Drug Addiction in collaboration with The Bureau of Social Hygiene: New York, 1928.
18. Morgan, H.W. Drugs in America: A Social History, 1800-1980; Syracuse University Press: Syracuse, NY, 1981.
19. Recent studies not only reveal that self-esteem isn't positively correlated with healthy social behavior but that high self-esteem may in fact be positively related to violent behavior.
20. Mecca, A.; Smelser, N.; Vasconcellossee, J. The Social Importance of Self-Esteem; University of California Press: Berkeley, 1989.
21. Baumeister, R.F.; Smart, L.; Boden, J.M. Relation of threatened egotism to violence and aggression: The dark side of high self-esteem. Psychol. Rev. 1995, 101 (1), 5-33.
22. Hewitt, J.P. The Myth of Self-Esteem: Finding Happiness and Solving Problems in America; St. Martin's Press: New York, 1998.
23. Kramer, R. Ed School Follies; The Free Press: New York, 1991.
24. Lasch, C. The Narcissist Society. The New York Review 1976, September 30, 5-13.
25. Lasch, C. For shame: Why Americans should be wary of self-esteem. The New Republic 1992, August 10, 29-34.
26. Rieff, P. Fellow Teachers: of Culture and Its Second Death; University of Chicago Press: Chicago, 1972.
27. Cooper, C.; Bartlett, S.R.; Shaw, M.A.; Yang, K.K. Drug Courts: 1997 Overview of Operational Characteristics and Implementation Issues, Volume One: Preliminary Report; Prepared by the Drug Court Clearing-house and Technical Assistance Project, U.S. Department of Justice, Office of Justice Programs, American University: Washington, DC, 1997.
28. Friedman, L. Crime and Punishment in American History; Basic Books: New York, 1993.
29. Erikson, K.T. Wayward Puritans: A Study in the Sociology of Deviance: Macmillan: New York, 1996.
30. Justice and Treatment Innovation: The Drug Court Movement; A Working Paper of the First National Drug Court Conference, U.S. Department of Justice, National Institute of Justice, State Justice Institute, December 1993.
31. Looking at a Decade of Drug Courts; Prepared by the Drug Court Clearinghouse and Technical Assistance Project, U.S. Department of Justice, Office of Justice Programs, American University, Washington, DC, June 1998.
32. In many courts clients actually sign documents waiving their rights to a speedy trial and to a trial by jury.