Third Of Four Guest Columns

EFFECTIVE TREATMENT IS BEST APPROACH

I got involved with this campaign because I've been a criminal lawyer in
Florida for 10 years now. I've seen a huge volume of misery and broken
lives and unpleasantness and failure.

I have seen firsthand how the drug laws affect ordinary people, not
hardened criminals but people who just get caught up in drugs. I am sure
there is a better way and I think effective drug treatment is the best
approach.

The amendment will give all first- and second time drug possession
offenders the right to a drug rehabilitation program instead of jail. The
amendment is designed so as to affect the addicts and no other criminal;
only those who possess personal use drugs will be affected.

Once the defendant asks for help, the whole emphasis would change and then
the approach would be to view the defendant as a patient with a curable
sickness and not just as a criminal. We would look to the best possible
science, to medical doctors, psychologists and people with training in
addiction to help with the cure.

For those we can help, jail will not be an option while the person is
making a genuine attempt to rehabilitate himself or herself.

An independent expert will monitor the progress and determine success or
failure. If the expert concludes that the person is not redeemable and is
malingering, the offender would be sent back to the criminal system for
prosecution.

But if the offenders show the expert that they want to get better and they
are making progress, even if there are relapses, the effort to cure them
would continue, and after successful completion of the program, the
criminal charge would be withdrawn.

The science has come a long way and the best approach is to leave the
decisions as to treatment to a trained expert and not to a judge.

I'm not talking about some revolutionary concept here. The Office of
National Drug Control Policy itself has acknowledged that chronic,
hard-core drug use is a disease, and anyone suffering from a disease needs
treatment.

They also agree that there is compelling evidence to support the fact that
treatment is cost effective and provides significant public safety benefits
by breaking the cycle of drug use and crime.

According to their statistics, society as a whole saves $3 for every $1
spent on treatment. Also, people who complete a program are 75 percent less
likely to re-offend. This law will save money, save the life of the
addicts and prevent crime.

Let's look at the effects of jail. The defendants are going to lose their
homes, their families and their jobs, and are going to associate with a
population largely of criminals.

After this experience they are going to be much more likely to be criminals
in the future.

I do not see this as a law that is soft on crime; this is a law that will
reduce crime. The people of America are more sophisticated now; they know
that an addict will benefit from help. Throwing addicts into jail cells
with criminals will not help.

The people know that the care of a doctor will help, psychologists and
hospitals will help, and for the addict knowing that someone still gives a
damn about them will help. We need to work from hope and enthusiasm and not
from fear.