Abstract

Drug courts play a key role in the criminal justice system by diverting individuals from incarceration and providing them with resources to address substance use issues and reduce criminal recidivism. However, it is unclear whether drug courts reflect—or even exacerbate—preexisting racial/ethnic disparities in the criminal justice system. While prior literature has offered some insight into the influence of race and ethnicity on drug court success, much of the focus has been on outcomes (i.e., program completion and recidivism) rather than disparities at earlier stages (i.e., referral to admittance). The current study adds to this body of research by evaluating the Milwaukee County Adult Drug Treatment Court to examine whether racial/ethnic disparities exist at several stages of the drug court process: (1) referral to admittance, (2) likelihood of graduation, and (3) likelihood of recidivism. Results of the analyses determined racial/ethnic disparities in the likelihood of admission to the drug court, as well as the likelihood of graduation. There were no racial/ethnic disparities found in the likelihood of recidivism. The analyses also identified several additional variables that were influential in the likelihood of admission (risk score, prior record), likelihood of graduation (age, prior record, custody sanctions), and recidivism (drug court outcome).

Highlights

  • Drug courts play a key role in the criminal justice system by diverting individuals from incarceration and providing them with resources to address substance use issues and reduce criminal recidivism

  • The current study examined the influence of race and ethnicity at three stages of the drug court process including referral-to-admittance, the likelihood of graduation, and the likelihood of recidivism

  • The National Association of Drug Court Professionals (2010) has directed drug courts across the U.S to examine whether unfair disparities exist in their program for racial or ethnic minority participants

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Summary

Introduction

Drug courts play a key role in the criminal justice system by diverting individuals from incarceration and providing them with resources to address substance use issues and reduce criminal recidivism It is unclear whether drug courts reflect—or even exacerbate—preexisting racial/ethnic disparities in the criminal justice system. The “War on Drugs” of the 1980s ushered in an era of policies and practices that dramatically increased drug-related arrests and incarceration rates (Marlowe 2013; McElrath et al 2016) This initiative was costly, had little impact on criminal recidivism and disproportionately affected racial/ethnic minorities (Caulkens and Chandler 2006; Green and Winik 2010; Iguchi et al 2005; Jensen et al 2004; Marlowe 2013; Pew Center on the States 2011). Upon successful completion of the program requirements, participants can have their criminal charge(s) either reduced or dismissed (Marlowe 2013; Marlowe et al 2016)

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