Discuss the Commonwealth v. Eldred case
Discuss the Commonwealth v. Eldred case with your classmates. Using the appropriate terminology, examine the background, participants, and historical significance of the case in relation to the standardized substance abuse assessments used in today’s forensic practice. In your discussion, provide the psychometrics of two substance abuse or alcohol-related tools that are preferred in your jail diversion substance abuse program.
The Commonwealth v. the Eldred cases was an intervention for clarity on the conduct of addicted persons under probation. The case was against Julie Eldred which attracted the presence of the Attorney General for the commonwealth and public service commissioners and was heard by Sabita Singh(Harvard, 2019). Eldred uses fentanyl while on probation which was a violation of the rules of probation. Eldred felt that for the condition of Substance Use Disorder, the court should be lenient on the measures of probation (Boston, 2019). The court ruled in Commonwealth's favor, which maintained the judge's powers to give such measures throughout probation.
Using the drugs during probation for an addict is an effect and result of an addiction which is against the requirements and rules for a person under probation. The question is whether punishing the substance use is differentiated from punishing symptoms of the reliance. In Massachusetts, the SJC ruled against the scientific evidence that proved the connection between addiction and reliance on drugs(Harvard, 2019). The court made a ruling mandating the judges to impose stringent measures on addicts that are in line with probation.
Addiction is either treated as a disease or a crime especially when it impairs judgment and decision making. In as much as addiction is a disease, the implications that come with the addiction are largely the federal responsibility to deal with and ensure that they salvage the addicts. The judge is allowed to rule that during probation the addict is to remain drug-free which is the question of science against law(Boston, 2019). Treating addiction comes with a progressive medication that inculcates reducing the drug intake to a point where the addicts are free from reliance on the drug. Although drug addiction is in scientific terms disease or disorder, illegal drugs continue to prevail in the market and the number of users and addicts keeps rising. This becomes the responsibility of the government to assist the addicts, and the measures enforced during probation are a way of warning people who indulge in drug abuse. The case has been a point of reference for similar cases questioning the implications during probation.
Boston. (2019). Commonwealth v. Eldred – Boston bar journal. Retrieved from https://bostonbarjournal.com/tag/commonwealth-v-eldred/
Harvard. (2019). Commonwealth v. Eldred. Retrieved from https://harvardlawreview.org/2019/05/commonwealth-v-eldred/
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