Drug treatment courts and the disease paradigm

Abstract

A defining feature of the drug treatment court movement is the judicial adoption of the disease model for explaining drug using behavior; an interpretive paradigm that historically has not played a defining role in the adjudication of drug offenders. In drug treatment courts, however, the disease model finds a very central place in the adjudicative process, and profoundly shapes the way judges view and treat defendants. This article examines the application of the disease model to drug and non-drug-related crimes in the context of drug treatment courts, and considers the significance of these developments as it concerns the meaning of criminal justice.