Document Type
Student Note
Abstract
The United States has the highest incarceration rate of any country in the world. Alarmingly, West Virginia’s incarceration rate is even higher. West Virginia’s staggering incarceration rate can largely be attributed to the increased criminalization and prosecution of individuals experiencing addiction. This Note considers what actions can be taken to limit incarceration and recidivism in West Virginia. The solutions proposed by this Note also aim to limit the collateral consequences of incarceration in West Virginia because many of West Virginia’s current issues are only exacerbated by incarceration. This Note reviews alternative justice methods and notable alternative justice courts across the United States as a potential path to a solution. From this review, this Note identifies one limitation of many alternative justice courts across the United States, including the drug courts in West Virginia—individuals with the highest risk of recidivism are largely excluded from participation in alternative justice courts. This Note advocates for the expansion of drug courts, alternative justice courts, and restorative justice practices in West Virginia. This Note also advocates for adopting a community court model similar to courts in other jurisdictions that will address the needs of individuals who commit property offenses and quality-of-life crimes. The solutions this Note advocates for are critical to address the problems West Virginia currently faces regarding incarceration, substance use, and the well-being of the state.
Recommended Citation
Emily Ogden,
Expanding Drug Courts and Alternative Justice Courts in West Virginia: Implementing Innovative and Restorative Justice Practices,
126
W. Va. L. Rev.
673
(2024).
Available at:
https://researchrepository.wvu.edu/wvlr/vol126/iss2/10