A DOZEN YEARS OF DRUG TREATMENT COURTS: UNCOVERING OUR THEORETICAL FOUNDATION AND THE CONSTRUCTION OF A MAINSTREAM PARADIGM

Abstract

The creation of the first drug treatment courts were in response to the revolving door of drug use and recidivism. There was no theoretical basis for these courts and no universal support for them. Twelve years have brought incredible changes. Therapeutic jurisprudence says, in essence, whether intended or not, that legal rules and procedures have therapeutic effects. Drug treatment courts have adopted principles of TJ to enhance their functioning. The Conference of Chief Justices recently issued a resolution supporting “problem-solving” courts. New trial court standards legitimize drug courts’ procedures. Drug treatment courts are now mainstream and can no longer be seen as “boutique” courts staffed by renegade judges. Working therapeutically is an appropriate, effective, and productive way for the justice system to function.

• Drug treatment courts
• Therapeutic jurisprudence
• Ten key components of “drug courts”
• Coerced treatment
• Problem-solving courts
• Court supervised treatment
• Compliance

Additional information

Notes on contributors

Hon. Peggy Fulton Hora

Judge Peggy Fulton Hora was elected to the trial bench in 1984 and has a criminal assignment that includes presiding over the drug treatment court. She has served on numerous planning committees and as faculty for California Judicial Education and Research (CJER). She is a former Dean of the B.E. Witkin Judicial College of California. Judge Hora teaches courses on “substance abuse” and the courts, and co-occurring mental health disorders for the National Judicial College and various California universities. She has lectured nationally and internationally, and has published a number of articles with a particular emphasis on “substance abuse,” pregnant and parenting women, drug treatment courts, and therapeutic jurisprudence. Her current project is the development of a cultural competence curriculum for the Drug Court Program Office. Judge Hora's web site address is www.judgehora.com.