The drug court model is being expanded and adapted by other elements of the criminal justice system, including those that work with domestic-violence offenders, according to speakers at the recent national conference of the National Association of Drug Court Professionals.In Florida's Miami-Dade County, for example, a Domestic Violence Court provides both support services for victims and supervision and rehabilitation for offenders. The court, run by Judge Amy Karan, is a pretrial diversion program that addresses both domestic violence and substance abuse issues.
One of the main purposes of the program is to prevent murders; according to Lauren Lazarus, director of the court's Project Safe Families, 'fatality review' research begun this year shows that one-third of all homicides in Florida are related to domestic violence. Many domestic violence incidents are related to untreated substance abuse problems, experts say. "Domestic violence homicides are preventable," said Lazarus.
Michael Lindsey, who had 20 years experience in substance abuse treatment and prevention in Colorado before joining the Miami Police Department as administrator of domestic violence programs, says, "It's clear in my mind that there should be a national alliance between the domestic violence and substance abuse movements." But, he added, addiction treatment providers need to understand that the motivations of the criminal justice system may differ from their own when it comes to domestic violence cases. "The overriding goal of what we're trying to do is to contain violent offenders," he says. Programs that promote rehabilitation are "nice," he said, but protecting victims from harm remains paramount.
"Helping the offender is good, if we can, but no victim should have to live in fear," he said. "Treatment is a privilege, not a right; these are alternative sentences because this person should be in jail."
With the domestic violence court, he added, assessment and communication are critical to seeing that those who want help can get it, while at the same time ensuring that offenders who are likely to return to violence stay off the streets. In Miami, offenders undergo a battery of substance abuse and mental health tests, which assist prosecutors and judges in determining whether an individual offender is a candidate for diversion. The level of offense is not the only determinant: On the one hand, for instance, some repeat domestic violence offenders are actually untreated substance abusers and can be helped by treatment; on the other hand, Lindsey said, even misdemeanor domestic violence offenses can be a red flag that intervention is required.
Referrals to domestic violence court can come from either the civil or criminal system. In Miami, the domestic violence court's treatment programs work on a "block and give" philosophy, said Lindsey: "Block antisocial behaviors, and give alternatives." That's not always easy for substance abuse counselors to cope with, he added, because they see their job as healing, not containment.
Treatment providers also need to realize that programs that are based on the concept of "powerlessness" over alcohol or other drugs don't mesh well with those aimed at domestic violence offenders, who often feed on the power associated with dominating a spouse or partner. Conflict also may arise between counselors -- who look to the addict's family to provide support for recovery -- and domestic violence advocates, who may want to isolate the family from the offender.
Lindsey said it is important to draw a distinction between conflict, which is common in life, and acts of violence. "Violent is a choice," he stresses. "The source of conflict can sometimes be the victim, and it is relevant to help the offender resolve conflict. But violence is criminal, unless it is self-defense."
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