A recent analysis article published by Arizona State University (ASU) News and authored by Dolores Tropiano examined the way new research on addiction is shaping the justice system, as well as the shortcomings of current legislation when dealing with addiction treatment. Specifically, the article examined the findings reported at the ninth biannual Law and Neuroscience Conference held earlier in January at Arizona State University’s Sandra Day O’Connor College of Law, with attendees including 20 experts from the medical, science, academic and legal communities.
Overall, the conference focused on the importance of integrating neurobiological insights into legal policies and practices to better address the treatment of addiction within the justice system. Some of the novel findings discussed at the conference included the physiological underpinnings and genetic predisposition to addiction, as well as new treatment approaches. Dr. Michel Sucher, program director for the Addiction Medicine Fellowship program with HonorHealth and Community Bridges Inc., noted that substance use disorders are treatable conditions, but that early diagnosis and treatment are critical. “If you think of addiction and substance use disorders as a chronic medical condition, then everything works,” he said. “The treatment should be managed over a long period of time. Nobody’s hopeless, and anyone can get better.”
During the conference, Maricopa County Superior Court Judge Amy Kalman discussed the limitations of the U.S. court system, particularly related to family court, as well as the lack of services available for people who receive DUIs. Maricopa County Superior Court Judge Amy Kalman described the limitations of the court system, especially related to family court, and the lack of services available for people who receive DUIs. Kalman also noted that individuals on probation for DUIs are often required to pay fines up to $6,000, even though their driving license has been revoked, which interferes with them from getting a job to pay the fines. Furthermore, she pointed out that drug testing and treatment is also required for DUI offenses, but there are no court-supported resources available to pay for them.
According to Salt River Pima-Maricopa Indian Community Judge Joshua Heath, the court system in which he works has a fully funded treatment program for individuals struggling with drug addiction and alcohol use disorder that includes medical care, treatment, and case managers. Moreover, offenders who successfully complete the tribal program have their charges completely dismissed.
Furthermore, Jeff Sparks, a capital appeals attorney working in the Arizona attorney general’s office, said state statutes prohibit the use of a person’s intoxication due to alcohol or drugs as a defense to a crime, despite new findings in the field of addiction research. “Although it can be used during sentencing and be considered as mitigation,” Sparks said.
