Pubdate: Wed, 01 Nov 2000
Source: Auburn Journal (CA)
Copyright: 2000 Auburn Journal
Contact:  1030 High St., Auburn, CA 95603
Website: http://www.auburnjournal.com/
Author: Joe O'Flaherty
Bookmark: For Substance Abuse and Crime Prevention Act items: 
http://www.mapinc.org/prop36.htm

PROP 36 - A VERY BAD IDEA.

Under proposition 36 drug abusers could no longer be prosecuted for the 
drug laws they break. Instead the courts would be required to put them into 
"treatment programs" with no punishment for their drug crimes. Later when 
they commit new drug offenses the courts would have to conduct intricate 
hearings and further placement before ordering jail. The problems?

Most basically it undercuts people being responsible for their actions. 
Many, including me, feel that the revival of individual responsibility is 
what has lowered the crime rate in the last decade. Treatment programs, 
while beneficial, are not by themselves punitive consequences.

Prop. 36 also effectively destroys the "drug courts." The "drug court" 
concept is a rare success in the drug epidemic. Drug courts use a 
push-pull, carrot and stick approach in dealing with addiction. The 
"carrot" is treatment, support, and relief from prosecution. The "stick" is 
doses of jail time. The addicts in drug court know there will be 
punishment. It just won't be as severe as with a full-blown prosecution. 
Prop. 36, however, has no "stick" and no credibility.

More problems. Even when the drug abuser is high on drugs and has a loaded 
gun he or she still qualifies to escape criminal prosecution. Also if the 
addict completes the "treatment program" he or she can hide the drug arrest 
from all private employers. (Even for, say, airline pilots or heavy 
equipment operators).

Prop. 36 tries to mask itself in the understandable public frustration with 
the drug problem. There is also a real issue between resources for drug 
interdiction versus treatment. Prop. 36 in reality has nothing to do with 
any of this. Some might be tempted to vote to "send a message" about this 
frustration. Don't do it. The only real message should be to send this idea 
to the garbage can.

Joe O'Flaherty, Judge of the Superior Court, Placer County, Auburn
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MAP posted-by: Jo-D