Stephen W. Ward Assistant District Attorney (Retired) Charlotte, North Carolina

Transcription

1 Stephen W. Ward Assistant District Attorney (Retired) Charlotte, North Carolina Copyright 2014 The National Association of Drug Court Professionals and The National Drug Court Institute

2 Drug Court movement may be characterized as an attempt to re-invigorate the ideal of rehabilitative justice It creates a paradigmatic shift away from the adversarial system of adjudication

3 Defendant is sentenced Jerks young probation officer around misses office visits, tests positive Violation Report filed after 3-6 months of this behavior Gets an attorney who advocates for them The adversarial process pits defense counsel against the District Attorney Judge continues them on probation and the same process repeats itself

4 Defendant is sentenced Must attend treatment Must meet weekly with case manager/ probation officer Must do random urine tests Must attend NA/AA meetings MUST ATTEND COURT EVERY 2 WEEKS Direct interaction between defendant and judge IMMEDIATE SANCTIONS for non-compliance

5 In a nutshell, the addict /alcoholic does not get the chance to manipulate everyone so they can continue their alcohol/drug addictive behavior. You cannot put everyone in prison! This is far more stringent than traditional probation.

6 Drug Court encourages teamwork in accordance with therapeutic models of justice

7 For the prosecutor, this paradigm shift comes with ethical, legal, and practical issues A tension exists between partisan advocacy and therapeutic justice This forces the prosecutor to walk a delicate ethical tightrope between therapeutic ideals and promoting public safety

8 Understanding the role of the prosecutor requires an appreciation of the court s most critical feature, the rejection of the adversarial model, in favor of a system with a universally shared goal of the client s recovery from drug addiction

9 Committed to the program s mission and goals Ensure that the defendant s legal rights are protected Participate as an active team member; operating in a non-adversarial manner, promoting a unified team response

10 Maintain a balanced perspective Monitors client s progress to support full participation and ensure appropriate provision of treatment and other rehabilitative services Advocates for effective incentives and appropriate sanctions

11 The judge controls the agenda The judge has informal conversations with the clients The judge does whatever is needed to reach the shared goal of recovery

12 In most Drug Courts the Prosecutor s active participation in the courtroom as an advocate is discouraged Judges converse directly with the client The solution to this is to advocate in the Pre- Court Staffing Conferences

13 It is an informal and flexible system that can be of long term benefit to the client BUT it creates increased risks as well for public safety

14 The first thing a team player does is SHOW UP Teamwork happens in staffing Teamwork happens in court

15 Accept the non-adversarial approach Know where you fit on the team Send a unified message Adhere to clear roles Establish clear expectations

16 It is at the staffing that the prosecutor can ensure that appropriate sanctions are administered It is in Court that the prosecutor can ensure that all procedural safeguards are followed Studies have shown that the prosecutor s appearance in both settings improves outcomes

17 You must understand: Relapse Sanctions and incentives Wrap-around services Court s therapeutic role Addiction / Alcoholism and pharmacology

18 Innovate! Sanctions and incentives Theatre Legal solutions to different problems

19 Demand / Encourage program improvements where necessary Monitor program fidelity Know / Monitor drug court research / principles

20 To provide consistency and focus To make sure everyone follows the rules Keep people from back-sliding into their traditional roles DA s are great at doing this! Crack the whip!

21 Provide the LEGAL SCREENING Make sure only eligible people get into the program!

22 Balance the power of the judge Solicit community support and outreach Provide political cover for the team

23 Be not only a GATEKEEPER but also a REFERRAL SOURCE Monitor public safety concerns Coordinate efforts with law enforcement

24 Keep participant crime-free Keep participant drug-free End up with a productive member of society Protect participant s due process rights while protecting the community

25 In short, it will make you a much better attorney The greatest benefit is you will develop skills that carry over to other cases you handle resulting in better decisions/dispositions

26 Political points A better understanding of alternatives for success in criminal justice Deeper level of knowledge in a unique area of practice

27 Drug Court is not for everyone. Some DA s want to get as many convictions on their scorecard as they can. It is often referred to by its detractors as clap court. But if you have an open mind, you will see remarkable changes in defendant s lives. It will go a long way to restore your faith in people and draw you back from the brink of cynicism.

28 Your Role as Prosecutor and the 10 Key Components, Comprehensive Drug Court Prosecutor Training, NDCI, Annapolis, MD, July 21-24, 2009 Role of Drug Court Defense Attorneys and Prosecutors, Jim Egar and Mike Loeffler, NDCI PowerPoint, December 15, 2008 Critical Issues for Defense Attorneys in Drug Court, Monograph Series 4. April 2003 National Drug Court Institute Participation of Defense Attorneys in Drug Court, Michael Tobin, Drug Court Review, Volume VIII, Issue 1, Summer 2012

29 This project was supported by Grant Number DC-BX-K004 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.