Open AccessA Critical Analysis of Drug Courts in Chile
Author(s) -
Silvio Cuneo Nash,
Paula Medina González
Publication year - 2022
Publication title -
revista brasileira de direito processual penal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.186
H-Index - 3
eISSN - 2525-510X
pISSN - 2359-3881
DOI - 10.22197/rbdpp.v8i1.646
Subject(s) - punitive damages , legislation , context (archaeology) , dignity , public health , criminal law , criminology , political science , criminal justice , drug trafficking , law , harm reduction , drug court , sociology , medicine , geography , nursing , archaeology
This paper is a critical study of the Drug Courts in Chile. To this end, it analyses the regulatory context in which they were created within the criminal legislation regarding illicit drug trafficking. Without questioning the merits of drug treatment, the idea that drug courts are a valid alternative to incarceration is here challenged. Rather, they widen the punitive net that complements the extreme punitiveness of criminal drug legislation. Furthermore, the eligibility requirements established in Chile's drug courts prevent many people who might need it from the possibility of accessing treatment, given that as they are presently structured, drug courts combine and confuse public health criteria with notions of dangerousness. In the conclusion, maintaining and even increasing the budget of drug treatment is recommended. Nevertheless, the separation of criminal law assessments or charges from public health criteria is proposed. Likewise, as a public policy in criminal matters on drugs, it is recommended the decriminalisation of behaviours and the reduction of penalties in order to build a real path that is decriminalising and respectful of human dignity.