In this the second episode of Serial, we are introduced to a problem in the Cuyahoga County courthouse which permeates courthouses across the state – access to treatment for those suffering from addiction and mental health issues.

This episode tells the story of Vivian, a 29-year-old single mother of three, who pleaded guilty to felony drug possession in 2015, and who has been repeatedly sentenced to probation with stringent requirements. Like many of those suffering from addiction and caught in the criminal justice system, Vivian has complied with all the conditions of probation, except for the all-important requirement that she abstain from drug use. For each infraction, Vivian must appear before the judge again and is assigned different counsel. Because of Vivian’s difficulty overcoming her addiction, she continues to receive increasingly harsher sanctions from the judge. 

One of Vivian’s lawyers, as well as the probation department, recommended that she be sent to drug court, a program specifically designed for otherwise law-abiding citizens who struggle with drug addiction, and which has been proven much more effective than a traditional court and incarceration. In addition to receiving treatment that is designed specifically for those suffering from addiction, had Vivian gone to drug court, she would have been assigned one attorney to walk her through the 13-month program, rather than being represented by a revolving door of attorneys and being supervised by a judge for the past three-and-a-half years.

Unfortunately, the court refused to let Vivian go to drug court and obtain the treatment that would work best for her.

We know that access to effective treatment for people suffering from addiction provides the best outcomes. Programs like Ohio’s Targeted Community Alternatives to Prison (T-CAP), which distributes grants to counties to support substance abuse treatment and monitoring for low-level, non-violent offenders who do not have a history of violent felonies or sex crimes.

Based on Ohio’s successful RECLAIM program, which serves youth offenders, T-CAP, as outlined in a policy brief by The Buckeye Institute, enhances public safety, helps fight a deadly drug epidemic, reduces recidivism, and saves the state’s taxpayers money.

This season Serial has come to Cleveland to take a deeper look at a typical criminal justice system. Throughout the podcast series, The Buckeye Institute will look at the issues raised and what Ohio can do to fix some of those issues in a blog series, Justice in Cleveland’s Justice System.

Hannah Fjeldsted is a visiting fellow with The Buckeye Institute’s Legal Center.

Other Blogs in the Series:

Justice in Cleveland’s Justice System: Buckeye Looks at Mens Rea and Bail Reform in Serial Podcast Episode 1