LAW-2439 Advanced Criminal Law: Substance Abuse and Legal Consideration
According to statistics from the Bureau of Prisons, 85 - 90% of the current prison population suffers from some form of substance use disorder. The prevalence is similar in male and female populations. Today, substance use disorders are embedded within, and directly impact, nearly every community and criminal case prosecuted. This course examines the broad legal considerations that arise in addressing this public health crises. Lectures, reading materials and class discussions will explore the evolution of substance use disorders from a criminal justice matter to a public health crises, the science of addiction, the systemic failure of the court system in addressing substance use disorders including disproportionate impacts on race, the philosophies behind incarceration v. treatment, the constitutionality of court orders as they pertain to a medical condition, involuntary civil commitments pursuant to M.G.L. c. 123 s. 35, and Specialty Courts. Guest speakers will include: correctional officers, defense attorneys and prosecutors, drug court team members, judges, healthcare treatment providers, opiate task force members, policymakers/Legislators, Probation Officers and representatives from the recovery community. Grades will be based on a final paper and class participation.