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Anthony Papa

Anthony Papa

Posted: September 24, 2010 03:18 PM

Actress Lindsay Lohan returned to jail today for failing a drug test. This is her third time she has been locked up for violating the terms of her probation stemming from her 2007 conviction for DUI and drug charges. There is no doubt that she has a problematic relationship with alcohol and other drugs - but what she needs is access to an effective drug treatment program, not a "skid bid," to help her with her drug problems.

In my experience doing a 12-year sentence for a nonviolent drug law violation, I witnessed hundreds of drug addicted people cycle in and out of the prison I was in. Like Lohan, many were given "skid bids," slang for a short sentence, usually measured in months instead of years and meant to help them with drug problems.

But it's well established that incarcerating people who use drugs does far more harm than good. It does nothing to treat addiction, it's much more expensive than real treatment, and it's an affront to human rights and civil liberties. Our drug policies fail to account for the fact that drug use is a health issue and that relapse is an expected part of the recovery process.

Lohan is just one of hundreds of thousands of people in the United States who will spend the night locked in a cage for their drug problems. She has admitted that she has a problem. In recent posts on her Twitter account she wrote, "Substance abuse is a disease, which unfortunately doesn't go away over night," and "I am working hard to overcome it and am taking positive steps." Taking responsibility one's actions is a powerful step in the right direction.

But unfortunately our government and the powers that be continue to lock up people with drug addictions instead of giving them treatment. I think that most fail to realize is that relapse is an expected part of recovery. Treatment is valid for fighting the demons of addiction and an effective tool in overcoming the government's use of incarceration and punitive measures in response to low-level, nonviolent drug law offenses stemming from addiction.

According to Justice Department statistics, the United States holds a firm lead in maintaining the most prisoners of any country in the world, now at 2.3 million, including 500,000 for drugs. Criminal justice experts attribute the exploding U.S. prison population to harsh sentencing laws and record numbers of drug law offenders, many of whom have substance abuse problems.

Should we treat drug addiction as a criminal matter or a medical problem? For most people, treatment is much more effective than incarceration for breaking their addictions, yet our prisons are full of drug-addicted individuals. Nonviolent drug offenders should be given an opportunity to receive treatment, not jail time, for their drug use. This would be a more effective and a much more affordable solution for the individual and the community.

Our 40-year war on drugs has stifled the open debate this country should be having about addiction and how best to deal with it. It is time to treat addiction for what it is, a medical problem, not a criminal one.

Anthony Papa is the author of 15 to Life and the Manager of Media Relations for the Drug Policy Alliance

 
 
 

Follow Anthony Papa on Twitter: www.twitter.com/AnthonyPapa

 
 
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08:03 PM on 09/28/2010
The Coyness of the Medical Industry regarding OCD Mis_Diagnosis is Scary
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I believe the errant OCD diagnosis and the damage done is the real Lohan story.
07:57 PM on 09/28/2010
Past Rehabs were Actually Damaging (Adderall for OCD was Mis-Prescribed; 2010 UCLA Medical Diagnoses states NO OCD)--

2010 was the FIRST TIME the court ordered a qualified medical diagnoses (from UCLA) to corroborate rehab treatment. UCLA determined she did NOT have OCD! And that taking Adderall for years actually caused her erratic/manic behavior and stimulant dependency!!

The rehab clinics actually Administered, as well as, Filled her Adderall prescriptions- guaranteeing the need for future Rehab (this time for Adderall and Related stimulants).
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rlugbill
12:22 PM on 09/28/2010
I work in the criminal justice system. I agree that our system is badly in need of reform. It is slowly starting to change, with more programs for people instead of just the normal alternatives of prison, probation or fines.

And in Lindsay Lohan's case, I think the judge is trying to keep her on probation, but to give her quick dips in jail if she uses, like drug court judges do often. It would actually be more effective to do an intermediate sanction, like electronic monitoring or a curfew, but the judge is keeping her on probation and is just giving her a short stint probably, rather than just revoking her probation and having her serve out her sentence.

Anyway, I think part of the problem is that people only see the high profile cases. People see less of the common, everyday cases.

We have lots of people just recycling through our court system. It's obvious that our court system is ineffective in keeping these people from committing more crimes. Our court system may actually be contributing to keeping these people recycling and committing more crimes. This may seem counter-intuitive to many people. People think that jail helps stop people from committing crimes. It may have the opposite effect, particularly for younger and low-risk offenders.

There is a large body of research about what actually does work in preventing recidivism, but this is largely ignored. Political factors drive policy, so what works rarely enters into the debate.
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Genita Love
snarky and cranky
11:40 PM on 11/12/2010
As far as I'm concerned, I'm extremely sick and tired of these celebrities getting special treatment because of their fame or celebrity. If were you or I in this situation, we wouldn't be pampered, rather, they'd throw the book at us... With that being said, I think it would do her a world of good to have the judge violate her/yank her probation and make her serve her jail time in jail/prison like the criminal she is...then force her to do an in house treatment in a normal facility like normal, everyday people- I bet she'd think twice before jacking up and getting stupid again....
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Balzac
08:25 PM on 09/27/2010
I agree. A good treatment environment would be nice. This will be controversial, but I would begin with a less ambitious goal than quitting.

You can play chess with the goal if not losing, rather than winning. Likewise, you can approach the problem of addiction and drug abuse with the goal of not being consumed, rather than achieving a life free of drug use.

After some good habits of moderation have been learned, the patient is that much closer to going drug free. It's the drug-binge behavior and the high frequency of use behavior which really consume a user.

My ideal drug rehab center would involve drug use in order to help people learn moderation with real substances, not just talk. Let them go ahead and have a little coke if that's what they're addicted to. See how your judgment is affected, how you begin to puff up into a state of irrational exuberance and overconfidence.

Most users of every single recreational drug take much more than the minimum amount required for a noticeable high. The "dealer's dose" is usually four times more than ideal because they're in the business of marketing, not just providing drugs. Addicts make better customers.

Also, when the dealer sells a quantity in the minimum amount, they always want to sell enough that the most jaded addict won't come back screaming that it was a scam. Therefore, a single user's dose is enough for the most jaded addict to get a kick.
01:25 PM on 09/27/2010
Problem is she is still - her words - "trying to quit " . There's no such thing. Either you decide to quit or you don't. There is no in between. If and when you start your recovery process with that in your mind you will not succeed. You can still have a relapse but ( as fatboy1953 correctly states) you're not starting from the assumption it might go wrong. I also beg to differ with the notion addiction is a disease. In my opinion - I have had some time to analyze since quitting some 11 years ago - addiction is a semi-permanent state of mind.

a Disease is defined by external factors over which you have little or no control. It's also treatable with medication . The addiction is defined by your own personality . Only YOU can decide to quit and get rid of the addiction ( with or without assistance doesn't matter,in the end it's the addict himself or herself and all alone who quits ) ,there is no magic wand or medication which will do that for you.
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Anthony Papa
Anthony Papa is an artist, writer activist
02:47 PM on 09/27/2010
rikwes66 - I agree - no magic wand or medication - so is the answer put her in jail? I think not - she was not dealing - just using
05:28 PM on 09/27/2010
No, the answer isn't jail . But forced rehab - or rehab for the sake of it- doesn't work either . The decision to quit is made by her, and her alone , and the subsequent recovery can be supervised but that isn't required either. It differs for each addict. Point is all these people are trying to decide for her,including the judicial system , and that doesn't work. What I'm wondering , and what noone seems able to answer , is if a judge can decide she can remain in rehab to which she checked in voluntary for her prison term . It seems ludicrous she would go to rehab , get out for october 22nd hearing, go to jail for 30 days , get out of jail, get back into rehab .

It would be better if the total sentence be spent in a rehab clinic . And it would be wise for her to remain there until she's recovered ( she should be the only one knowing when that is ) .You can still have a relapse years down the road but you can't assume that when starting with the program . Most of all she needs to be honest to herself about it though ( fans,family ,media and what have you is totally insignificant when it comes to this ) and I'm still in doubt if she is . a Judicial system which treats addicts as criminals is flawed in the extreme though, I agree .
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FatBoy1953
I'm not the same, I never was.
09:37 AM on 09/27/2010
I beg to differ. Relapse is not an expected part of recovery! Abstinence is expected. I am in recovery and I do not 'expect to relapse'. I expect and intend to abstain from drugs and alcohol.
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Anthony Papa
Anthony Papa is an artist, writer activist
11:36 AM on 09/27/2010
FatBoy1953 - relapse IS part of recovery - I am happy it is working for you and you have not fell off the wagon
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BlackJAC
It's better to be a black king than a white knight
09:20 AM on 09/27/2010
Let me see if I got this straight: a guy who did 12 years for a nonviolent drug offense and consequently believes no time should ever be served for nonviolent drug offenses is upset that a girl did roughly 1 month for a nonviolent drug offense and is voluntarily giving rehab another attempt.

This sounds like Buyer's Remorse to me over someone else being the beneficiary of their own policy stance.
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Anthony Papa
Anthony Papa is an artist, writer activist
11:34 AM on 09/27/2010
BlackJAC - addiction is a medical problem - one month or in my case 12 years - imprisonment is not the answer - policy stance or not
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BlackJAC
It's better to be a black king than a white knight
02:25 PM on 09/27/2010
And once again someone forgets to factor human nature into the equation, specifically the recent notion of the patient's own desires regarding treatment.  Isn't the first of the 12 Steps to the effect of someone actively wanting to kick the habit before any meaningful progress can be made?
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Deborah Beck
Say What?
05:59 AM on 09/27/2010
This legal matter has been drug out (no pun intended) for nearly three years now. I don't think you will find many people who will argue that Lohan needs rehab. What people get upset about is a dual standard for how legal cases get processed based on "class." While I do think that the system let her down a few weeks back, I'm still aware that Lohan displayed a true and absolute contempt for the courts which basically translates into the idea that Lindsay feels herself to be above the law. While I could not advocate a long jail sentence for Lindsay I think she needs to serve about thirty days and then enter a rehab, one where her addictions won't be dismissed like the last time.
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Anthony Papa
Anthony Papa is an artist, writer activist
11:39 AM on 09/27/2010
Deborah Beck - I agree she needs treatment - but those "skid bids" do nothing more except create the need to do more drugs upon release from incarceration - lessons are not learned from imprisoning addicts - it just ads to the existing problem
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Deborah Beck
Say What?
12:20 PM on 09/27/2010
I understand what you are saying, however, as long as Lindsay considers herself above the law and "special" I just don't believe she can deal with her addictions. As I recall from the originating incident her attitude was so what I'm a celeb I can get away with it. She pretty much has been, the courts screwed up on this one.

Can she really accomplish recovery while still in a stage of rebellion?
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rory talbot
Former Dem but they r now wing of Corp. party
12:22 AM on 09/27/2010
Little rich white girls need not fear. The punitive drug policies of this country are reserved for the brown people.
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Anthony Papa
Anthony Papa is an artist, writer activist
11:29 AM on 09/27/2010
Rory Talbot - true and sharp to the point of painful realization
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Genita Love
snarky and cranky
11:50 PM on 11/12/2010
Maybe she SHOULD have to suffer what non caucasian druggies get....might make a world of difference for her...she might think twice before screwing up again....
11:55 PM on 09/26/2010
Logan was sentenced for putting the lives of others in danger.

She will be sentenced again for contempt of a court order, the nature of the order is irrelevant.
 Lohan believes she is above the law, THAT much is clear.

Her drug problem is HER problem.

When she steals a car with passengers IN THE cars while on on alcohol and cocaine and instigates a high speed chase clear across the freeways of LA, rolling over a person's foot, on a suspended license AND on probation, she is a danger to hundreds. THAT is OUR problem.

She SHOULD be in jail for several crimes. However, we know she pled,a nd will neve serve over 30 days.

The above is fact.

My opinion: she is not an addict, she is a self-indulgent narcissistic surrounded by yes people, celeb worshippers, and white trash parents. In Lohan's mind there is NO reason to obey any law.
In a better world she would serve the 6 months and at least learn there are repercussions to endangering the lives of others.
09:13 AM on 09/27/2010
This is spot-on! If she wants to take herself down, that's her business. Instead, she's on high-speed chases hunting people, kidnapping and clipping baby strollers - all with her car.

Those are all reasons to GO TO JAIL, but at the very least take this train-wreck's license away before she kills someone other than herself.

If you proven you can't stay sober, you shouldn't be allowed to drive, right?
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Genita Love
snarky and cranky
11:54 PM on 11/12/2010
Oh good god...only six months??? One would think that if she's a celebrity, she's a role model and example for the kids that look up to her...why NOT make an example of her...it might help some other kid on the same path NOT to make the SAME mistakes she's made!!!! Should be a lot harsher than what she got. Period!
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andthatsnotall
This is karma & yes she is...
11:13 PM on 09/26/2010
Lindsay violated her probation by not attending her classes for her DUI, reckless driving and kidnapping 3 people in her car while chasing a different car. Her probation was to avoid alcohol and drugs and attend classes. This occured in 2007, she did everything to avoid her classes and other requirements her probation called for, even leaving the country to party in Cannes instead of making a court ordered appearance.
People say she should be able to do all the drugs she wants with no consequences, or be able to do drugs with supervision or do drugs and not be allowed to drive. These 'solutions' require a monitor/keeper on 24/7 watch. Who'll pay for that? Seriously, who can stop someone from driving if they really want to?
This woman doesn't respect boundaries, hasn't respect for the law and feels entitled to do as she wishes because she's famous and has money. She may have an addiction or she may just like drugs when she's partying. UCLA rehab center seems to think she's well enough to be discharged without a 90day rehab program.
Your comment "Nonviolent drug offenders should be given an opportunity to receive treatment, not jail time, for their drug use" doesn't apply to her. Her charges as previously listed, do not seem non-violent. Her actions seem highly dangerous and irresponsible. IMO, jail time AND then rehab would be the best way to treat this woman's problems.
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Anthony Papa
Anthony Papa is an artist, writer activist
11:46 AM on 09/27/2010
andthatsnotall - So the answer is to throw her in prison? Costing taxpayers tremendous amounts of money to put non-violent addicted drug offenders who are in prison is NOT THE ANSWER!
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andthatsnotall
This is karma & yes she is...
02:52 PM on 09/27/2010
I am not talking about other drug addicted offenders. I am talking about one person, Lindsay Lohan. She is not "non-violent." YOU seem to forget or deliberately overlook that to support your argument. If she were in her home doing as she wished then so be it. BUT she went out recklessly driving a car under the influence, taking along, unwillingly, 3 other passengers while trying to chase another car down. Three weeks ago it was reported she clipped a baby stroller with a rented car.
Anyone else would be in jail for what she did. Or, if lucky enough to have a good lawyer, in rehab. She has already done rehab 4? 5? times now. It's not working. She is a danger to the public. She is responsible for her actions. Find a better answer.
11:10 PM on 09/26/2010
Look at her father and you'll know where her troubles began
11:57 PM on 09/26/2010
He was in prison 3xs, totally 6 years after she was born.
This user has chosen to opt out of the Badges program
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Milash
It says I should edit my micro-bio, so I did.
01:17 AM on 09/27/2010
Both parents are nightmares.
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Anthony Papa
Anthony Papa is an artist, writer activist
11:43 AM on 09/27/2010
Milash - are we using the Cameron Douglas defense - blaming the parents for the childs drug addiction?
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dbmetzger
09:14 PM on 09/25/2010
Lohan Freed From LA Jail After Posting Bail
Lindsay Lohan has her freedom back after posting bail from an LA-area jail, hours after a judge ordered the actress held without bail for failing a drug test. http://www.newslook.com/videos/253097-lohan-freed-from-la-jail-after-posting-bail?autoplay=true
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Denise Krochta
author/radio host/speaker
11:37 PM on 09/24/2010
This all wouldn't be happening to Lindsay if the "professionalsl" at UCLA didn't release her saying she did not have an addiction problem. So, what's up with that? Just like every other part of this case, it seems that there's plenty of coercion by outside forces to keep her out of any kind of structure. Strong armed or financial, don't the people "helping" her get that they aren't doing her any favors?
I would like to believe that deep down there is good in everyone. This young woman has possibilities just like anyone else if people would quit trying to "help" her. There's a lot of work to be done here to get good results.
11:57 PM on 09/26/2010
Maybe she doesn't.
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Anthony Papa
Anthony Papa is an artist, writer activist
11:40 AM on 09/27/2010
Denise Krochta - I agree - she needs a lot of help dealing with her demons!
06:37 PM on 09/24/2010
She was supposed to return home for Family Support-- Evidently she is Under Court order to stay in LA until she completes probation.

So she’s 3000 miles from her family, with anxiety and dependency sickness, and was not kept in the Rehab clinic for the time required!? Currently her only support is her LA "friends"

It defies common sense- unless the goal is the continued support of the Tabloid industry.
11:58 PM on 09/26/2010
Her family lives in L.A.
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Anthony Papa
Anthony Papa is an artist, writer activist
11:41 AM on 09/27/2010
Sauni - yep - I bet she relapses again because of what you said !