Max
Dehn - Cleveland, Ohio, September 2005
“Abstract
This paper analyzes the public health as well as constitutional issues
that arise
when persons are required by courts to participate in 12-step
recovery programs.”
Extract:
“Part
I. Introduction
Alcoholism,
whether viewed as a disease or as aberrant behavior, poses a significant
public health risk to drinkers and to those whose lives they affect.
In 2000, there were an estimated 6,689,000 men and 2,716,000 women
who were alcohol dependant.
A
1994 study estimated that 9.6% of men and 3.2% of women will become
alcohol dependent in their lifetimes.
The
impact on public health generally and upon alcohol abusers is
significant. For instance, alcohol played a role in 30.5% of the
37,795 traffic fatalities recorded in the United States in 2001.
Problem
drinkers are at increased risk for liver disease, immune system
deficiency, and heart disease.
And
children born to alcoholic parents are exposed to pre-natal injury as
well as alcohol related violence and family dysfunction. The cost of
alcoholism may also be measured in dollars. In 1998 the estimated
national cost of alcohol related health care, loss of productivity,
automobile accidents, social welfare administration, and law
enforcement, totaled $184,636,000,000.
In
this paper I address the American legal system’s response to the
problem of alcoholism in the context of sentencing for alcohol
related crimes. Specifically, I identify legal issues that arise when
courts sentence offenders to participate in Alcoholics Anonymous (AA)
and related 12-step recovery programs, and I also discuss the
efficacy of AA. Part II will examine the nature and history of
Alcoholics Anonymous as well as its effectiveness in treating
alcoholism, and will also address the religiosity of AA and the importance
of religious practice in the program. In Part III, I will explore the
First Amendment and broader constitutional problems that arise when
defendants are sentenced
to participate in 12-step programs, and I will suggest curative
measures. In part IV, I will summarize the practical difficulties
that plague 12-step sentencing, and offer solutions that will
ameliorate the constitutional and practical problems.
I
conducted interviews with sentencing judges, probation officers and
other court officials, attorneys, persons attending AA pursuant to
sentencing, and various members of AA in order to obtain a practical
view of the issues. The interview subjects and my observations are
derived primarily from sources in Northeast Ohio, a region of
interest for two reasons. First, the program of Alcoholics Anonymous
was founded in Akron, Ohio in 1935, and early chapters were
established in Cleveland.
As
of September 2004 there were 984 organized meetings of Alcoholics
Anonymous per week in the Cleveland area, providing a diverse and
abundant resource for researching the nexus between AA and the legal
system. Second, the region has few non 12-step sobriety options for
uninsured and/or low-income clients.
The
confluence of an abundance of AA groups, a comparatively small number
of alternative sobriety programs, and a significant alcoholism
problem creates an environment in which the constitutional and public
health issues are starkly joined.“
The Fellas (Friends of Alcoholics Anonymous)
