약물중독자에 대한 형사책임과 처우에 관한 고찰

A Study on Criminal Responsibility and Treatment for Drug Addicts - from a neuro-scientific viewpoint in perception of drug addiction -

Addiction is a chronic and relapsing brain disease. Addictions appear to have a biological basis, the brain disease model inevitably suggests that the addict is sick. Drug addiction has well-recognized cognitive, behavioral, and physiological characteristics that contribute to continued use of drugs despite the harmful consequences. Scientists have also found that chronic drug abuse alters the brain’s anatomy and chemistry and that these changes can last for months or years after the individual has stopped using drugs. This transformation may help explain why addicted persons are at a high risk of relapse to drug abuse even after long periods of abstinence and why they persist in seeking drugs despite the consequences. Recovery from drug addiction requires effective treatment, followed by management of the problem over time. Drug addiction is a serious problem that can be treated and managed throughout its course. Effective drug abuse treatment engages participants in a therapeutic process, retains them in treatment for an appropriate length of time, and helps them learn to maintain abstinence. Criminal justice supervision should incorporate treatment planning for drug abusing offenders, and treatment providers should be aware of correctional supervision requirements. Although the criminal justice system might play a useful role in responding to addiction-related action, non-criminal, non-judgmental interventions also should play a substantial role. The criminal justice system response should be limited and reformed to enhance the potential efficacy of treatment approaches.