Ed's Nig Cards

Ed's Nig Cards - Meadows LD NAME TOPIC YEAR ? Eds Neg Cards...

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Meadows LD NAME T OPIC YEAR ***NEG*** 2
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Meadows LD NAME T OPIC YEAR DRUG COURT SOLVENCY DEFECITS The incentivized nature of drug courts perpetuates only external change, not true solvency for the harms of addiction. Bowers writes, Josh Bowers [Bigelow Fellow and Lecturer in Law, University of Chicago Law School] Contraindicated Drug Courts. UCLA Law Review. 2008. http://uclalawreview.org/pdf/55-4-1.pdf Moreover, there is little reason to hope that treatment-resistant offenders might recognize their own fallibility and consequently opt-out of treatment. The most compulsive addicts are bound to reach the least sensible decisions; the enticements of drug court are dangled before the very individuals most easily tempted. When addicts cede to that temptation they exercise effectively the same cognitive limitations and bounded willpower that saddled them with drug dependencies in the first instance. They myopically undervalue the difficulties of recovery and the weight of the distant (but heavy) stick that awaits termination. And they optimistically grasp treatment’s carrots, leaving for tomorrow the question of how to master their own defective rationalities and wills. Faced with the choice between conventional pleas, risky trials, or uncertain treatment, they are prone to see drug courts as the best means of remaining at, or recapturing, liberty, even when it often is not. Ultimately, then, external motivation may prove sufficient to convince addicts to take treatment, but it is less likely to keep them there. Offense and Defense: Drug courts are filled with dealers meaning 1) there is no solvency since addicts aren’t in the system and 2) actual addicts in the system are exposed to greater drug prevalence. Bowers writes, Josh Bowers [Bigelow Fellow and Lecturer in Law, University of Chicago Law School] Contraindicated Drug Courts. UCLA Law Review. 2008. http://uclalawreview.org/pdf/55-4-1.pdf To fully understand the reasons for these atypically long termination sentences, one must first appreciate a somewhat unique fact about New York City drug courts: they welcome drug dealers. 41 In fact, in the relevant studies, drug dealers comprised the overwhelming majority of all participants—an astounding 95 percent in the Bronx drug court and 90 percent in the Brooklyn drug court. 42 Indeed, in the Bronx, practically all of the participants were charged not just with sale, but with B-felony sale—the highest level felony charge that was eligible for drug court.43 Why did the city’s felony drug courts so readily accept drug dealers, and, conversely, why did they include so few drug possessors? Over the past two decades, institutional players of various stripes came to see the one-dimensional incapacitation model as unsustainable and inefficient.44 Of course, deep philosophical differences separated those who saw addiction principally as a public- health problem and those who saw it as a criminal-justice problem, but even some of
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This note was uploaded on 01/09/2011 for the course US 122 taught by Professor Trelawney during the Spring '10 term at Colby-Sawyer.

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Ed's Nig Cards - Meadows LD NAME TOPIC YEAR ? Eds Neg Cards...

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