A groundbreaking case is being considered by the Massachusetts Supreme Court. Lawyers for the state plan to argue that an addiction to narcotics doesn’t absolve a person’s crimes. An addict needs to obey the court as absolutely as anybody else does.
Lawyers for the plaintiff hope to destroy the state’s arguments. Representing 29-year-old Julie Eldred, the team posits that a drug addiction is a medical condition and deserves to be treated as such. Therefore, Eldred’s constitutional rights were violated when she was incarcerated after failing a court-mandated drug test.
Eldred was on probation for theft when she tested positive for Fentanyl. She spent two months in jail before being hustled into an inpatient treatment center.
“Expecting people to remain drug-free as a condition of probation is not a realistic condition given what we know about how this addiction works,” said Kristen Underhill, a Columbia Law School professor who studies how law influences behavior.
Read more at the Conservative Daily Post
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