Understanding Addiction: An Old Dog Learning New Tricks

Over thirty years ago, I walked into a courtroom located in Eaton County, Michigan. I was a new assistant prosecuting attorney (APA) eager to start doing jury trials, to make my community a safer place. I became an APA because I believe that holding people accountable for their actions will make the world a better and safer place. But what does it mean to hold a person accountable?

Prosecutors across the country take an oath to “do justice.”

Prosecutors across the country take an oath to “do justice.” That is our obligation; it is not to get a conviction. Many times, justice is served by obtaining the conviction, and recommending to the court that the person served some time behind bars. Other times, it is appropriate to allow for a reduced charge and probation in lieu of jail. On occasion it could even mean dismissal of a case “in the interest of justice.”

A New Assistant Prosecutor

As a new APA the vast majority of the cases I handled were driving while impaired charges (DWI) although at the time in Michigan the charge was called Operating While Under the Influence of Alcohol. (OUIL). It was routine to offer to a first-time offender the charge of impaired driving, which was also an alcohol offense, and probation. For repeat offenders, we would be more stringent. We rarely ever reduced an OUIL charge to a non-alcohol offense. That would usually only happen if there as a problem in proving the case in court.

As time passed, I handled the felony cases — the OUIL 3rd offenses – and some of these offenders went to prison and others received jail with probation. But what I didn’t understand was that many of these individuals were alcohol use disorders . I didn’t understand what it meant to have that dependency. An OUIL felony defendant who received jail and was placed on probation would routinely violate the probation order once released from jail. Many times it was because of another OUIL charge, or for just drinking after having been ordered by the court to abstain. At the probation violation hearing, my usual argument was that he had his chance on probation and it was time for the court to send him to prison. After all, I understood that it was a privilege to receive probation. I didn’t believe the person deserved a second chance; it was time to send him to jail or prison depending on the case. It was simple. As I say, I didn’t understand the compulsion to drink by an alcohol-dependent person. Drug Courts and DWI Courts didn’t exist then, and as far as I was concerned, treatment was mumbo jumbo not to be relied on in the criminal courts.

Incarceration is not the end all be all.

Incarceration Is Not the End All Be All

What would happen of course is that the person who was sent to jail or to prison would soon be back before the court for another drunk driving charge.  Jail hadn’t changed their behavior. With another violation, I argued for more time behind bars – at least that would keep the community safe while the person was incarcerated. I assumed that he would be back before the judge again, but I hoped I was wrong this time and that he would “learn his lesson.”

It has been said by some that the courts are a catch and release system or a revolving door. This could not be more wrong. At that time, the courts imposed the sentence as allowed by the law, with many of us in the criminal justice system not having a true understanding of addiction. Someone violates the law, and the answer was jail or prison. However, jail alone does not change the behavior of persons who are have an alcohol use disorder. States across the country have thousands and thousands of repeat offenders, people who did not learn their lesson in jail or prison, unable to do so because of their dependency to alcohol.

Learning About Sobriety Courts

After 16 years in the courtroom, I decided it was time for a change; I had tried every type of case possible, from underage drinking to numerous first-degree murder trials. I decided it was time to train prosecutors and law enforcement on how to successfully prosecute a DWI charge. It was those types of cases where typically innocent people die, and we needed experienced prosecutors and law enforcement officers to ensure a successful prosecution. I became a Traffic Safety Resource Prosecutor (TSRP) for the state of Michigan, one of the first ones in the country. A short time after becoming a TSRP, I started to hear about a program called “Sobriety Court,” Michigan’s name for DWI Court. Sobriety Court specializes in working with the high BAC (blood alcohol content) and repeat DWI offenders, using intensive supervision and long-term treatment to change the person’s behavior. It was such a novel concept. Of course I believed it was a mistake; after all, jail was more important than treatment, right? Wrong. Time and time again, DWI Courts prove just how wrong that belief is with DWI offenders graduating from the program and leading alcohol-free and crime-free lives.

Jail is not the way that we will ultimately change a person’s behavior.

After working with the courts in Michigan to educate prosecutors, and then having the opportunity to educate criminal justice professionals on a national scale as the Director of the National Center for DWI Courts, I learned that while jail is an important part of the whole process, it is not the way that we will ultimately change a person’s behavior. It takes time and effort by the offender; it takes an understanding of the issues involved; and, it takes hard work. DWI offenders don’t grow up saying, “I want to become dependent on alcohol.” It is a process that happens over time for a variety of reasons. Those reasons have to be brought out into the light of day, examined, processed and changed. The only way a person will do that is through long-term treatment. Of course, with the power of the courts to enforce a person’s attendance in treatment, the individual will be more successful. The person has to stay in treatment even when the going gets rough. It is the two together—the judge saying you will go and the treatment provider saying welcome let’s work on these issues—which creates the opportunity for a successful change in behavior.

Drug Court Month

This month, May, is Drug Court month. It is a time to celebrate the life-saving changes that happen in Drug Courts, DWI Courts and Veterans Courts on a daily basis. It is a time to recognize that there is more we can do to change behavior, and have those who have violated the law because of addiction ultimately become law-abiding citizens.

Thirty years ago as a “newbie” assistant prosecutor, I had no concept of addiction issues. I saw jail as the end all, be all. Break the law, go to jail. It was simple. Today as an assistant prosecutor once again, I now know that on issues of addiction, jail won’t change much of anything. It is not that simple. While jail and prison are necessary parts of our society as we have individuals from whom we need to be protected , those who hurt us physically and mentally; we also need to be responsive to those individuals who are alcohol dependent with a broader range of tools. We still need to hold those persons accountable, and at the same time, do everything in our power to ensure that they actually do change their behavior. That’s what making a safer community is all about.