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Drug Court


Tuesday, November 28, 2006 8:33 AM HST

A crime fighting strategy that works

Hawaii had the second-highest overall crime rate in the country in 2003. It was second in the nation for property crime overall, first in the rate of larceny and third for motor vehicle theft.

Methamphetamine has plagued Hawaii for two decades. Hawaii is in a tie for ninth as the state with the highest rate of current use. Hawaii's police responded with an explosion of methamphetamine arrests -- from 291 in 1995, to 1,627 in 2004, an increase of 560 percent.

Police investigation of serious crimes is slackening. The rate at which serious crimes were solved, that is, "cleared" by arrests has declined to 11.4 percent of reported crime in 2004, the second-lowest level in Hawaii's history; 963 robberies were reported, but there were only 320 arrests. On the Big Island, rape is at the highest rate in the island's modern history. 361 rapes were reported statewide, but only 85 arrests were made.


Even though Hawaii is now near the top of the nation in property crime, the police are making ever fewer arrests. Arrests for larceny plummeted from 7,935 in 1995 to 4,543 in 2004, a decline of 42.7 percent, even though 41,045 larcenies were reported in 2004.

Arrests for motor vehicle theft have declined more dramatically. In 1995, motor vehicle theft arrests were 1,934, and dropped to 1,508 in 2002 and to 856 arrests in 2004, even though 8,627 vehicles were reported stolen. This is a decline of 43.2 percent over two years, and 55.7 percent since 1995.

Arrests for burglary, the most serious common property crime have plunged since 1997 from 1,519 to 641 arrests, a decline of 57.8 percent, even though 10,719 burglaries were reported in 2004.

I do not know why Hawaii police are making fewer arrests. But I have good news. The Big Island has an effective drug court. The research shows that drug addicted offenders can be effectively treated and removed from a career in crime. For some offenders, the most effective treatment is the discipline of drug court.



Drug court developed in Miami in the 1980s where Janet Reno was the prosecutor. When she became U.S. Attorney General in 1993, she brought national attention to the value of drug court. The drug court is a collaboration of the judges, the prosecutors, the public defender, the probation service and the police department, to stop recidivism by drug abusing offenders. The number of drug courts is now over 1,700.

On Aug. 16, I observed the Big Island Drug Court in Kona where Chief Judge Ronald Ibarra was presiding. Judge Ibarra recognized the failure of the traditional system of probation and parole to stop recidivism and succeeded in bringing drug court to the Big Island in October 2002. So far, none of the "graduates" of the Big Island drug court has been arrested for another crime.

What makes drug court different from usual court?

First, there are no trials. The participants are treated like they are guilty -- subject to intense supervision and reporting, intense and comprehensive drug treatment, frequent drug testing, and immediate punishment for violations. This is not like an ordinary court with its conflict between prosecutors and defense attorneys.

Whenever a drug court participant gets in trouble, the judge is informed and immediately imposes a sanction. An immediate response is the most effective one. In traditional probation, misconduct is often not punished, or punished long after it occurs, which is ineffective.

The sustained involvement of the judge makes a powerful impression on the participants. Observing the Big Island Drug Court, I saw Judge Ibarra question the defendants to get them to understand and express the details of their recovery. Every aspect of the participant's life is addressed in treatment: family relationships, work performance, school performance, financial management, even hobbies and recreation.

The judge wants to know everything and he has good advice. Judge Ibarra is stern and compassionate. For many of the offenders, he is the teacher and father they never had.

With no recidivism so far, the most promising attack on crime on the Big Island is the drug court. But by itself, drug court won't solve the Big Island's crime problems. Law enforcement and the criminal justice system need to be smarter to be more effective. And all of the community needs to be mobilized for the social reforms to address the problems that lead young people to crime: inadequate health care, stressed out and broken families, boring schools, inadequate structured recreation, inadequate housing, and disconnected religious institutions.

(Most of the data presented here is from the Attorney General's web site.)

Eric E. Sterling

President

The Criminal Justice Policy Foundation

Silver Spring, MD


Comments


There are 1 comments on this story:

Aloha wrote on November 28, 2006 4:07 PM:"You say you don't know WHY cops are making less headway in other crimes? May be because they spend so much time woking on cleaning up CRACK HEADS"

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