Aldous, Jules --- "Legal Studies" [2003] AltLawJl 39; (2003) 28(3) Alternative Law Journal 140

• LEGAL STUDIES
• Drug courts

LEGAL STUDIES

Drug courts

Read the article 'Drug Courts - A departure from adversarial justice' (p.136) and consider the following questions.

1. Using dot points, identify the five key features of a drug court

2. The article describes the Dandenong Drug Court in Victoria. (a) A number of states in Australia have implemented drug courts. The following links will provide information about the operation of drug courts in other states:

www.lawlink.nsw.gov.au/drugcrt.nsf/pages/index

www.justice.qld.gov.au/courts/factsht/qc_fact4.htm

www.courts.sa.gov.au/courts/drug_courts/index.html

www.justice.wa.gov.aulhome.asp

www.magistratescourtlvic.gov.au/text/drugcourtl.htm

Draw up a chart briefly outlining the powers of the drug courts in each of these states. Prepare a summary noting any differences.

(b) Using the information in the article discuss the following:

• Who is eligible to participate in the program?

• Is participation voluntary?

• What sanctioning processes are used?

• What conditions may be imposed on the offender as part of the program?

• How do you think that these conditions address the problems associated with drug abuse?

• Design a diagram to illustrate the process used by the court to determine an appropriate program with an offender.

3. The three benefits generally associated with drug courts are the impact on recidivism, cost savings and wider societal benefits.

• What does the term 'recidivism' mean? How do drug courts attempt to address this issue?

• List the different ways that the drug court may provide for a 'cost saving'?

• What does the term 'societal benefits' mean? How could a drug court provide for a 'societal benefit'?

4. How does the implementation of drug courts reflect a changing approach by the courts to dealing with drug-related crime?

5. The article concludes that 'the court becomes less adversarial'.

• What are the essential features of the adversary system of trial?

• To what extent do you think that the drug court is 'less adversarial'?

• What do you consider to be the advantages or disadvantages of the approach taken by the drug court?

Jules Aldous

Jules Aldous teaches legal studies at Shelford Girls' Grammar School in Melbourne.