The Entanglement of Criminal Justice, Public Health Management and Social Order in Rural New York State: a Public Defender’s Experiential Perspective

• In Event: Drugs in Rural and Remote Communities: Examining the Role of Locational Context and Cultural Geography (Organized by the Division of Rural Criminology)

Abstract

Once north of Metropolitan New York City, New York State is a rural, and in some jurisdictions quite impoverished, state. From a legal standpoint, this means varied and often inconsistent policing and justice polices related to, among other issues, drug and alcohol use/abuse commonly prevalent in areas that offer little to no public transportation, spare medical treatment resources, struggling employment opportunities and scant community social support options. All these factors play into drug and alcohol prosecutions ranging from public intoxication to driving under the influence to domestic violence, and with high addiction rates- especially opioids- drug possession and sales/sharing offenses. Add to this the troubling aspect that in rural areas, the criminal justice system prevails as the primary organ of social order: something goes awry, 911 is dialed and police are dispatched. After law enforcement is involved, it can be difficult to break free, if only because scarce non-judicial resources exist to help resolve disputes and serve public health needs. This presentation will address the resulting overburdened criminal justice system: jails become detox facilities and judges, court supervision officers, and defense attorneys, are forced into roles of social workers and counselors to augment services that would enable addicted individuals to achieve rehabilitation.

Author

• Stephanie Batcheller, New York State Defenders Association, Defender Institute Basic Trial Skills Program