Post by: Jessica Sherwood
The second half of my summer, I had the
privilege of interning with the Miami State Attorney’s Office, splitting my
time between the human trafficking and mental health divisions. I worked
closely with ASA, Lourdes Roberts, who was the head prosecutor for Baker Act
and Veteran’s Court cases. My experience working alongside of her exposed me to
the phenomenal work of treatment courts within our justice system. Currently,
Miami has three treatment courts: Veteran’s Court, Drug Court, and Baker Act
Court.
Veteran’s Court offers a rehabilitative
alternative to prison time for former veterans who have committed a misdemeanor
or low-level felony. Likewise, this rehabilitation option is also available to
defendant’s who were arrested for possession or selling drugs. Finally, Baker
Act Court is for defendants who have been involuntarily committed to a hospital
due to severe mental illness. Oftentimes, they have committed a petty crime in
part due to their current unstable mental state. They too, have an option to
choose treatment rather than serve prison time.
Treatment courts work from the framework of
rehabilitation rather than punishment. Specifically, these courts use
innovative problem-solving methods to create a model in which the judge,
prosecution, defense, mental health services, and treatment communities work
together to help offenders into long-term recovery. I was able to observe these
courts as well as conduct relevant research for them. The Miami State Attorney’s
Office was the first office both domestically and internationally to develop a
drug treatment court. Miami has continued to be a leader in rehabilitative
approaches to the traditional criminal punitive system.
In order to remain eligible to participate in
treatment rather than prison time, the defendant must follow rigorous
requirements. Treatment plans range from ninety days to one year. If a
defendant fails to meet one of the requirements, there is often a grace period
before they have to serve their sentences. Other times, the judge will give
them a week in jail and set a hearing for the following week.
The ASA serving as the lead prosecutor for the
drug treatment court told me the success rate of the drug treatment court is
close to 95%. This means, 95% of criminals who choose rehabilitation and
successfully complete treatment are never seen in the criminal justice system
again. Unfortunately, defendants charged with using or selling drugs and taken
into custody with no chance for treatment often return to the court system
within a matter of months after their release.
This experience allowed me to expand my thinking
in regards to the role of the criminal justice system. Although justice can be
seen through retribution and punishment for crime, I believe justice can also
be achieved through rehabilitative and restorative measures. I am learning to
not be content with the status quo, but rather to take steps towards
innovation. If the Miami State Attorney’s Office had not taken a leap of faith
to develop the first drug treatment court more than thirty years ago, there
would not be the 3,000 drug treatment courts in effect today. Through these
courts, thousands of people are given the power to choose rehabilitation and
commit to a new lifestyle.
This post was written by
a Center for Global Justice Intern. The views expressed in this post do not
necessarily reflect those of Regent University, Regent Law School, or the
Center for Global Justice.
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