Criminal V. Drug Courts

Paper Summary:

The paper offers a brief introduction to the U.S. legal structure and identifies the role of criminal courts and drug courts. The paper discusses the differences between the treatment of defendants in criminal courts and drug courts and explains that the success of drug courts in reducing recidivism is largely due to the application of justice with leniency and treatment.

Outline:
Abstract
Overview
Criminal Courts
Drug Courts
Conclusion

From the Paper:

"Both criminal and drug courts fall within the legal apparatus of the U.S. court system but they do so with somewhat different imperatives. The criminal courts have as the main priority to provide a forum for the prosecution to make the case for the conviction of the accused while, for the accused, they are a venue in which he or she can establish his or her innocence. In the typical drug courts, or similar diversion type program, they have, by the participation of the accused, essentially established so degree of guilt in advance but in recognition of the accused individual's drug problems the courts seek an alternative to simple prosecution and incarceration."

Sample of Sources Used:

• Nolan, J. L. (2003). Redefining Criminal Courts: Problem-Solving and the Meaning of Justice. American Criminal Law Review, 40(4), 1541+.
• Tonry, M. (Ed.). (2001). Penal Reform in Overcrowded Times. New York: Oxford University Press.
• Tonry, M. (Ed.). (2004). The Future of Imprisonment. New York: Oxford University Press.

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