|
|
|
Court: Drug users can be jailed for relapsing on probation
Court News Feed |
2018/07/13 10:27
|
In a case that has attracted national attention, Massachusetts' highest court ruled Monday that judges in the state have the authority to order people to remain drug free as a condition of probation and under some circumstances order a defendant jailed for violating the drug-free requirement.
The Supreme Judicial Court ruled unanimously that such a requirement does not violate the constitutional rights of people with substance use disorder or unfairly penalize them because of a medical condition beyond their control.
The court ruled in the case of Julie Eldred, who was jailed in 2016 after she tested positive for the powerful opioid fentanyl days into her probation on larceny charges. Eldred, who has severe substance use disorder, spent more than a week in jail after relapsing until her lawyer could find a bed for her at a treatment facility.
Eldred's lawyer argued before the high court in October that her client's substance use disorder made her powerless to control her desire to use drugs, and that jailing her effectively criminalized relapse - which often happens in the recovery process.
But the justices said the defendant's claims were based partly on untested science.
"Nor do we agree with the defendant that the requirement of remaining drug free is an outdated moral judgment about an individual's addiction," wrote Associate Justice Barbara Lenk. "The judge here did not abuse her discretion by imposing the special condition of probation requiring the defendant to remain drug free."
The court called the actions of two district court judges and the state probation department "exemplary." The justices noted that Eldred had admitted to police that she had stolen to support her drug habit.
Most addiction specialists - including groups such as the National Institute on Drug Abuse and American Society of Addiction Medicine - view substance use disorder as a brain disease that interferes with a person's ability to control his or her desire to use drugs. |
|
|
|
|
|
|
 |
Intellectual Property Law |
|
|
Legal Professional Business |
|
|
Medical Malpractice Issues |
|
|
Mergers & Acquisitions Matters |
|
|
Political and Legal Trends |
|
|
Venture Business Articles |
|
|
Careers in the Legal Sector |
|
|
Legal Outlook & Information |
|
|
|
|
| © www.timelegalnews.com. All rights reserved.
The content and articles provided on this website have been prepared by Time Legal News as an informational source and service to the legal internet community and is not to act or constitute as any type of legal advice or consultation with an actual licensed attorney or legal professional in any case or circumstance.Time Legal News blog posts and comments are available for educational purposes only and should not be used to determine or valuate a legal situation or matter. Affordable Law Firm Website Design
|
|
Time Legal News RSS Feed
