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Your Guide for Action
Dear Members of the Bar:
The abuse of illicit drugs and alcohol casts a shadow over virtually every aspect of American life – be it truancy, homelessness, crime, mental illness, the dissolution of families, child abuse, or the spread of disease.
There are good reasons why we should intervene. According to the National Institute on Drug Abuse, the total annual cost of illicit drug use to society in 1995 was estimated at $110 billion for costs associated with health care, drug use prevention and treatment programs, drug-related crime, and lost resources resulting from reduced worker productivity or death.
And, we are very often confronted with perhaps the most compelling reasons of all: the immeasurable and tragic results evident in physical and emotional damage and a clogged criminal justice system.
Attorneys are in a unique position to ameliorate these problems, privy to intimate details about individuals' lives, often at critical moments when there may be no family member, friend or other professional available to recognize and respond to a need for help.
ABA members can make a difference in stemming the abuse of illicit drugs and alcohol by using their knowledge of the legal system and influence in the community to develop solutions. Lawyers can bring specialized training and experience to bear by bringing together broad-based, anti-drug coalitions. Attorneys' keen analytical skills and objectivity can provide leadership, help build consensus and develop and implement solutions.
Today's professionals are busy. We have full calendars, family and work responsibilities, and personal challenges of our own. Yet, because attorneys are concerned for the general well-being of clients and communities and want to do what is right – not just what the letter of the law requires – we are confident that most ABA members will find a way to foster substance abuse prevention efforts.
This brochure was created to spark discussion and promote action to help save lives. Whether your practice brings you into contact with troubled individuals or high-risk communities, the problems associated with illicit drug and alcohol abuse affect us all. Because we share an interest in protecting children and making neighborhoods safe and drug-free, we hope that addressing substance abuse will become a vital part of your professional pursuits.
Sincerely,
Barry R. McCaffrey
Director, Office of National Drug Control Policy
Martha Barnett
President, American Bar Association
The National Institute on Drug Abuse (NIDA) describes substance abuse as compulsive use of drugs even in the face of negative consequences.
Extensive research on both humans and animals shows that prolonged drug exposure alters the brain and its function in fundamental ways that persist long after the drug use has stopped.
Addiction has been shown to have both a cause and an effect relationship to changes in brain structure and function. It is this relationship that makes addiction a disease of the brain, not a moral failing.
Substance abuse is not discriminatory. Its reality defies all stereotypes and crosses all gender, age, racial, ethnic, income and geographic boundaries.
An estimated 14.8 million Americans were current users of illicit drugs in 1999, meaning they used an illicit drug at least once during the 30 days prior to the interview.
Source: Substance Abuse and Mental Health Services Administration, 1999 National Household Survey on Drug Abuse.
Roughly one in eight American adult drinkers is alcoholic or experiences problems due to the use of alcohol.
Source: "The Economic Costs of Alcohol and Drug Abuse in the United States, 1992," National Institute on Drug Abuse, National Institute on Alcohol Abuse and Alcoholism, National Institutes of Health, 1998.
with SIGNIFICANT CONSEQUENCES:
Economic
Illicit drug and alcohol problems exact a high price from society and individuals in diminished quality of life, squandered opportunity and reduced productivity. And, they cost money, especially burdening the legal, health care and social service systems.
The estimated economic cost to society for alcohol and illicit drug abuse in the United States was $276 billion in 1995 (projected from 1992, the latest year for which sufficient data are available).
Source: "The Economic Costs of Alcohol and Drug Abuse in the United States, 1992," National Institute on Drug Abuse, National Institute on Alcohol Abuse and Alcoholism, National Institutes of Health, 1998.
The cost of alcohol and illicit drug use in the workplace, including lost productivity, medical claims and accidents, amounts to $140 billion per year.
Source: Substance Abuse and Mental Health Services Administration Center for Substance Abuse Treatment, Fact Sheet: Substance Abuse Treatment and Cost Savings to Business, September 1997.
Violence and Crime
The facts show an undeniable nexus between illicit drugs and alcohol, violence and crime – diverting law enforcement personnel, clogging the courts, and causing economic loss and mental anguish for victims.
Drug and alcohol abuse and addiction are implicated in the incarceration of 80 percent–1.4 million–of the 1.7 million men and women behind bars today.
Source: The National Center on Addiction and Substance Abuse at Columbia University, "Behind Bars: Substance Abuse and America's Prison Population," 1998.
One of every 144 American adults is behind bars for a crime in which drugs or alcohol is involved.
Source: The National Center on Addiction and Substance Abuse at Columbia University, "Behind Bars: Substance Abuse and America's Prison Population," 1998.
Social Fabric
Substance abuse undermines an individual's ability to cope with life's problems, and families most often bear the brunt. Although, not all families or individual members experience or react to this stress in the same way, illicit drug and alcohol abuse are closely linked to domestic violence as well as sexual and physical abuse.
Substance abuse is one of the top two problems exhibited by families in 81 percent of child mistreatment cases reported to state protective services.
Source: National Committee to Prevent Child Abuse. (1998) Current Trends in Child Abuse Reporting and Fatalities: NCPA's 1997 Annual Fifty States Survey. Chicago.
Because addiction runs in families, many children of addicts are at risk of becoming addicted themselves. There are an estimated 26.8 million children of alcoholics in the United States.
Source: Outcome Measures of Interventions in the Study of Children of Substance-abusing Parents, 1999.
Source: Children in Alcoholic Families: Family Dynamics and Treatment Issues, Principles of Addiction Medicine, 1998.
One fourth to one half of men who commit acts of domestic violence also have substance abuse problems.
Source: National Committee to Prevent Child Abuse. (1998) Current Trends in Child Abuse Reporting and Fatalities: NCPA's 1997 Annual Fifty States Survey. Chicago.
Without a concerted effort to address substance abuse, we jeopardize our future. Left unattended, illicit drug and alcohol abuse problems can severely deplete the country's human capital 7— sapping the energy and resources of the people who work, pay taxes, and enhance our ability to compete in the global economy.
LAWYERS OCCUPY A PRIVILEGED POSITION…
Regardless of the area of practice, lawyers often deal with individuals facing challenging or stressful circumstances in their work and personal lives – divorce, the death of a loved one, arrest for driving while intoxicated, felony charges, and bankruptcy among them. Chances are that under such adverse conditions, signs of a client's substance abuse may be revealed.
Helping someone acknowledge a problem may not be easy. But, research indicates that simply discussing your concerns about substance abuse can be an effective first step. Keep in mind that the sooner a person gets help, the better. By intervening, a job, a family, a life can be preserved.
Many people who use illicit drugs and alcohol think they can stop at any time, but before they know it, using illicit drugs is a problem. For example, using illicit drugs or alcohol often becomes more important than spending time with family or succeeding on the job. If so, the chances are good that an individual may be on the path of abuse or addiction. If an individual displays one or more of the following signs, there may be reason for concern about abuse or addiction:
- Lying about illicit drugs and alcohol use
- Getting jumpy, shaky, cranky, nervous or having cravings because he or she needs to use illicit drugs or alcohol
- Using illicit drugs or alcohol in the morning or at work
- Missing work or performing poorly because of illicit drug or alcohol use
- Having trouble stopping once the individual started using illicit drugs or alcohol
- Avoiding friends and family in order to get high or drunk
- Having legal problems because of his or her illicit drug or alcohol use
- Getting into debt because of illicit drug or alcohol use
- Being hospitalized as a result of drinking or illicit drug use
- Taking risks, including sexual risks and driving under the influence of illicit drugs and/or alcohol
to PROMOTE PREVENTION AND TREATMENT...
Prevention is the sum of our efforts to ensure healthy, safe, and productive lives by promoting choices and lifestyles that discourage drug abuse. Successful prevention helps reduce traffic fatalities, violence, HIV/AIDS and other sexually transmitted diseases, rape, teen pregnancy, child abuse, and other social ills. Studies show that treatment also significantly reduces not only substance use, but crime.
Prevention efforts strengthen communities, schools, families, and individuals. Drug dealers are less likely to infiltrate strong communities. Schools with firm policies against smoking and drinking and drugs are safer and offer healthier learning environments. Family members who serve as healthy role models virtually inoculate their children and their friends against substance use. Individuals who act as mentors help foster healthy individual development.
For every dollar spent on drug use prevention, communities can save $4 to $5 in costs for drug abuse treatment and counseling.
Source: National Institute on Drug Abuse, Preventing Drug Use Among Children and Adolescents: A Research-Based Guide, 1997.
A national study found that five years after treatment for substance abuse, criminal activity declined – drug sales by 30 percent; violent and disorderly offenses by 23 percent; breaking and entering by 38 percent, and motor vehicle thefts by 56 percent.
Source: Substance Abuse and Mental Health Services Administration, Office of Applied Studies, "Services Research Outcomes Study" conducted by National Opinion Research Center, University of Chicago, 1997.
- Provide pro bono services to indigent families with substance abuse problems. In many communities, lawyers are linking with local organizations, such as Healthy Start, to address the legal needs of families using the program.
- Place a priority on the assessment and treatment of substance abuse problems of persons charged with driving while intoxicated, criminal offenses, domestic violence or child abuse and neglect, and their families.
- Organize workshops for your practice to educate colleagues about prevention. Invite health and prevention professionals to speak.
- Educate your clients about the legal consequences of substance abuse.
- Display substance abuse prevention information in your waiting area.
- Consider developing Continuing Legal Education (CLE) programs to train lawyers on the role they can play in substance abuse prevention.
- Educate youth and parents about the legal consequences of alcohol and illicit drug use and abuse.
- Add information on substance abuse to your Bar Association Web site and link to www.theantidrug.com and other prevention sites.
- Help develop new approaches to juvenile justice that foster linkages between the community, court, healthcare and juvenile justice systems. Encourage interdisciplinary team approaches in well-integrated community settings. Ensure that youth on parole/probation receive prevention education.
- Implement programs in the justice system that divert nonviolent offenders with drug abuse and alcohol problems into treatment rather than into prison. Ensure that there are readily available links to community-based treatment should continuing care be needed upon release.
- Convene a comprehensive community anti-drug coalition by drawing participants not only from the legal, law enforcement and prevention communities, but also from the education, medical, faith, media, and business communities.
- Adopt a school. Partner with other lawyers, law firms, the Bar Association, local medical societies, and local businesses. Work with administrators, teachers and students to identify needs, make decisions and develop effective prevention programs. Provide opportunities for young people to develop "life skills" – skills that will help them be successful and make choices that do not involve risky behaviors.
- Use your skills as a convener to organize and support broad-based community coalitions as vehicles for implementing a comprehensive anti-substance abuse strategy that includes participation of professionals from the prevention and treatment, medicine, education, and law enforcement arenas.
- Visit Web sites such as NCADI's (www.ncadi.samhsa.gov) to enhance your knowledge of illicit drug and alcohol abuse.
- Be a role model. Young people and others are as aware of what you do as what you say.
- Be a mentor. Resilient young people are more likely to resist drugs. Encourage involvement in healthy, creative activities that do not involve alcohol or illicit drugs.
- Support community, workplace and school efforts to establish alcohol- and drug-free environments.
- Connect. Build lines of communication with your children. Build protective factors by showing you care and doing things together as a family. Parental involvement is most important in keeping kids drug-free.
- Set clear rules. Studies show that parents who do so are far more effective in keeping their children away from drugs than parents who don't. Take advantage of the many Web sites that offer parents tips for talking with children about drugs and other important issues.
- Reward good behavior consistently and immediately. Expressions of love, appreciation and thanks go a long way. Even kids who think themselves too old for hugs will appreciate a pat on the back or a special treat.
- Accentuate the positive. Emphasize the things your child does right. Restrain the urge to be critical. Affection and respect – making your child feel good about himself – will reinforce good (and change bad) behavior far more successfully than embarrassment or uneasiness.
The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the policy of the American Bar Association. Nothing contained in this brochure is to be considered as the rendering of legal advice for specific cases.
- AA: Alcoholics Anonymous offers a 12-step recovery program for individuals who seek help with a drinking problem. (212) 870-3400. www.aa.org
- ABA: American Bar Association Standing Committee on Substance Abuse.
(202) 662-1784 www.abanet.org/subabuse/home.html - AL-ANON (and ALATEEN for younger members): A worldwide organization that offers a self-help recovery program for families and friends of alcoholics.
(888) 425-2666 www.Al– Anon-Alateen.org - AMA: American Medical Association, Office of Alcohol and Other Drug Abuse. (312) 464-4202 www.ama-assn.org
- CADCA: Community Anti-Drug Coalitions of America works to strengthen local communities' capacity to fight the problems associated with substance abuse and violence. (800) 542-2322. cadca.org
- Drug Help: Drug Help: A 24-hour information network for information on specific drugs, and referrals to treatment programs, self-help groups and crisis centers. (800) DRUG-HELP
- Join Together: A national clearinghouse for publications, information, and links to help prevent, reduce, and treat substance abuse and gun violence. (617) 437-1500 www.jointogether.org
- NACoA: National Association of Children of Alcoholics provides information on children and families affected by alcoholism and other drug dependencies. (888) 554-2627 www.nacoa.org/
- National Council of Juvenile and Family Court Judges, Alcohol & Other Drugs Division: Serves as an information clearinghouse; offers extensive training and technical assistance; focus is on judicial policy and practice as it relates to substance abuse. (775) 784-1663 www.ncjfcj.org
- NCADI: The National Clearinghouse for Alcohol and Drug Information is the world's largest resource for current, free information and materials on alcohol and substance abuse prevention, intervention and treatment. (800) 729-6686 www.ncadi.samhsa.gov
- Narcotics Anonymous: A 12-step program for recovering drug addicts in which members learn from one another how to live drug-free. (818) 773-9999 www.na.org
- Office of National Drug Control Policy Web Sites
www.whitehousedrugpolicy.gov —
Offers comprehensive information and links on national policy, drug facts and figures, prevention education, treatment, science and medicine.
www.theantidrug.com — Provides parents and other adult caregivers with strategies and tips on raising healthy, drug-free children.AOL's Parents' Drug Resource Center (AOL keyword: Drug Help)
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