National Drug/DUI Court held in Peachtree City Georgia: Another name for Coericion?

Tuesday, 05 June 2007

A Drug/DUI Court conference is being held in Peachtree City this week news agencies report.  The conference is advocating DUI/Drug Courts as the wave of the future and not longer experimental.  Drug/DUI court offer repeat offenders reduced jail time for program participation which often includes weekly drug court sessions with a Judge,  oversight by Drug/DUI counselors who often test for alcohol or drugs on a weekly or more basis, incorporating counseling, AA meetings, Drug and Alcohol Evaluations for a given period.   Failure to participate in the program or to meet program objectives results in Jail Time.   The question is how can a plea to a Drug Offense or DUI be voluntary and without coercion if the consequence of not participating in Drug Court an exponentially greater jail time.   Perhaps Drug or DUI Court should not be offered until sentencing after a trial or plea, or at least the opportunity for Drug Court should not be forfeited by exercising an individual's Constitutional right to a Jury trial.  DUI and Drug Courts should be formed to rehabilitate offenders and not to reduce trial calendars.  Reportedly, there are over 50 Drug Courts operating in Georgia and 1900 nationally and at least as many DUI Courts.  In Atlanta and the Metro Atlanta Area, there are DUI courts in Clayton, DeKalb, and Cherokee County.  Fulton County is considering implementing a DUI Court.   Judge Kent Lawrence of Athens-Clarke County was quoted as stating that traditional DUI and Drug sentences just don't work for repeat offenders.   Can we rehabilitate without relinquishing our liberties?

 

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