The Physiology of Addiction and Impact on Correctional Policy

 

Abstract

The relationship between psychology and law provides the foundation to understand the physiological basis of addiction and the role of correctional policy (Haney, 1980; as cited in Bartol & Bartol, 2004). Science has studied addiction among various disciplines. Research in physiology supports the notion that chronic substance use results in disease (Chandler, Fletcher, & Volkow, 2009; Glazer, 2015; National Institute on Drug Abuse [NIDA], 2014). Yet, correctional policy ignores such evidence and continues to send offenders to prison. As a medical condition that results in illegal behavior, the criminal justice system plays the most significant role and has the ability to revise policy for improved treatment (Chandler et al., 2009). Regardless, addiction progresses and becomes a cycle that affects the entire nation—the drug epidemic. If correctional policy fails to grasp the consequences of addiction, the public has a responsibility to take control. The combination of addictions and corrections, under psychology and law, brings research to encourage policy recommendations.   

            Keywords: psychology and law, addiction, physiology, corrections, policy, treatment


 

The Physiology of Addiction and Impact on Correctional Policy

Introduction

The relationship between psychology and law is formative within criminal justice system. According to Haney (1980), there are three pairs of bonds— (1) psychology and law, (2) psychology in law, and (3) psychology of law. This is important because each is found in the other and fuels decisions in practice, impacting the entire society (as cited in Bartol & Bartol, 2004). More specifically, a significant portion of policy focuses on substance abuse with very generalized standards while ignoring the influence of psychology and other disciplines that remain at the core of drug-offending behavior. This only perpetuates the problem as they are rarely addressed fairly within correctional procedure. To acknowledge the relationship between psychology and law gives context to both cause and effect: the physiology of addiction and impact on correctional policy.

It has been said that “the definition of insanity is doing the same thing over and over again and expecting different results,” and thus the criminal justice system is long overdue to update correctional policies through extensive evidence-based research confirming the physiological effects of addiction. Nonetheless, the correctional population is largely composed of individuals who have been associated with substance use. The National Center on Addiction and Substance Abuse (2010) found that approximately 65% of those incarcerated fulfill the DSM-IV criteria for substance abuse and addiction; another 20% did not meet the criteria, but had been involved in some form of substance abuse (as cited in Pettus-Davis & Epperson, 2014).

Addiction is often recognized as an epidemic that leads to incarceration or death, and the criminal justice system has the ability to enforce correctional policy structured for reform. Yet, substance-related convictions are frequently handled by incarceration with minimal progress in lowering recidivism of drug-offenses. The Center for Prisoner Health and Human Rights (n.d.) noted that in 1980 nearly 41,000 individuals were incarcerated for drug-related offenses, which significantly increased to 490,000 by 2013. This indicates that the physiological basis of addiction has not really been considered in correctional policy, despite extensive empirical research that continues to support effective policy revisions.

Why should addicts receive correctional considerations? Addiction doesn’t discriminate and everyone is susceptible. As substance use transforms into addiction, logic weakens while the brain undergoes physiological and chemical changes (Chandler, Fletcher, & Volkow, 2009; Glazer, 2015; National Institute on Drug Abuse [NIDA], 2014). The drug becomes the person—it’s a disease that requires medical attention and treatment. Incarceration is an expensive band-aid for a potentially fatal disease that is curable with proper treatment.

Literature Review

Current Correctional Policies

            The deinstitutionalization of mental hospitals contributed to how correctional policies were constructed (Glazer, 2015). This movement inadvertently left many to make the decision to self-medicate, ultimately leading to addiction on top of mental illness (also, a step toward making inmates an even more vulnerable population). The “War on Drugs” was the first initiative towards addressing the problem of substance abuse, and strict mandatory sentencing followed. The concept was to establish tough correctional policies and overcome the rapidly developing drug epidemic. Instead, jail and prison populations were overwhelmed with drug convictions (Chandler et al., 2009; Glazer, 2015).

            As correctional facilities were faced with more substance abuse, reform and rehabilitation lost credence while retribution became the primary objective (Glazer, 2015). In reality, there was minimal awareness and poor treatment available for those struggling with addiction (Chandler et al., 2009). The central concept was to imprison drug offenders by providing an abstinent environment, which would be ideal for recovery without expending too much money, resources, or additional treatment time (NIDA, 2014).

            These policies and approaches have now proven to be ineffective, starting various movements pushing towards change. The Smarter Sentencing Act of 2015 reduced mandatory sentencing and allowed judges to use discretion in sentencing. The Second Chance Act and Justice Reinvestment Initiative both provided support for reentry programs and recidivism-prevention strategies while incarcerated and post-release (Glazer, 2015).

Addiction Physiology

            Addiction is a multidimensional consequence of repeated substance use, eventually turning into a disease (Chandler et al., 2009). There are more questions than answers, but the physiology behind addiction offers evidence for better understanding, presenting indisputable reason to construct better correctional policies geared toward treatment and reform (Chandler, et al., 2009; Glazer, 2015; NIDA, 2014).

            Those who become addicted surpass physical dependence and experience additional consequences that affect the entire body (Chandler et al., 2009; Shively, 2015).  As a disease, the brain’s chemistry and anatomy is altered in such a way that affects cognition, behavior, and physiological functioning, ultimately leading to criminal behavior (Chandler et al., 2009; NIDA, 2014; Semantic Scholar, 2009).

Once the drug is ingested, neurotransmitters (like dopamine and serotonin) trigger a cascade of neurobiological reactions that, after prolonged use, cause significant damage, ultimately primed for addiction (Semantic Scholar, 2009). The mesolimbic system, or reward circuit, contributes to the conditioned response of cravings and behaviors, as well as motivation and memory (Chandler et al., 2009; Semantic Scholar, 2009; NIDA, 2014). Chronic use is reinforced through operant conditioning, and with dopamine constantly activating the mesolimbic system, synapses form alternate pathways in response to the overload (Semantic Scholar, 2009).

The body adjusts to a new allostatic state to maintain stress systems as they become overactive. Now in a constant state of stress, the reward from the drug decreases while the ability to escape this depressed state is prevented due to an allostatic overload (Semantic Scholar, 2009). Thus, depression exacerbates the urgency to get the next “fix,” causing the cravings and compulsive behaviors. Drugs become the main motivation as they seize control of the mesolimbic system, and memory of natural rewards is impaired (Chandler et al., 2009). Eventually, the process becomes automatic that the dopamine release is no longer necessary in the cycle (NIDA, 2014; Semantic Scholar, 2009).

Focal Themes

            There is an unfortunate, yet obvious, disconnect between addiction treatment and correctional policy (Chandler et al., 2009). If the physiological basis of addiction was properly considered, there would be no delay. Recognizing addiction as a disease would realize the benefit of research to reinforce correctional policies (Chandler et al., 2009). The reward for those affected, for the criminal justice system, and for society as a whole would be infinite.

            At this point, what has been implemented has not worked and incarceration alone can no longer be the easy answer. Addiction as a disease means acknowledging that drug use causes physiological changes in the brain. While the initial act of using drugs is choice, it rapidly becomes out of control. By no means does this excuse the responsibility or illegal behavior of the individual, but “understanding how addictive drugs affect behavior through brain mechanisms can inform decisions to provide treatment to addicted individuals,” (Chandler et al., 2009).

            Correctional populations struggling with substance abuse are most likely to be released into the community. Unfortunately, society has been led to believe the unfair stigma surrounding addiction and incarceration. Ex-offenders are expected to overcome barriers that feel impossible to climb, thus creating the perfect storm to relapse and recidivate. It’s a cycle that needs to end, and the community needs to be involved, but starts with revising correctional policy (Chandler et al., 2009).

Policy Recommendations

            Based on the physiological basis of addiction, correctional policy recommendations should be broken into phases—preventative, conviction, and reentry. Each involves a range of factors and benefit from different approaches. The variation between phases is independent from progress or participation—improvements will occur regardless of concentration on one or all.

            Preventative measures can be the most revolutionary action, involving society and social supports. Whether you know someone with addiction or not, it effects every single one of us and it certainly matters. The stigma against substance abuse overlapping previous incarceration is detrimental to the individual; it is inaccurate and counterproductive towards success (Chandler et al., 2009). The physiological basis of addiction explains that it is more than a decision to continue abusing drugs, it’s a disease (Chandler et al., 2009; Glazer, 2015; NIDA, 2014). With any disease, simply being there and understanding for those suffering makes the difference. Social support can be achieved through education and awareness (Pettus-Davis, Howard, Roberts-Lewis, & Scheyett, 2011). On the contrary, as easy as it sounds, this type of unity is difficult to reach. Nonetheless, every little bit counts and the effort is what matters—it is impossible to determine what will “trend” from one day to the next, and sometimes that makes all the difference—locally and even nationally.

            Drug courts are steadily increasing and proving to be extremely effective. This approach keeps offenders out of jail, while still being held accountable for their charges. Correctional policy should favor the use of drug courts since it saves time, money, and resources (Chandler et al., 2009; Pettus-Davis, 2012; Pettus-Davis & Epperson, 2014). If the offense is co-current with other criminal behaviors, incarceration should be paired with treatment regardless of sentence length. Addiction interventions often involve cognitive or behavioral therapy approaches—both are useful in identifying triggers, learning coping strategies, and regaining self-control (Bartol & Bartol, 2004; Chandler et al., 2009).

Treatment received while incarcerated must follow post-release; reentry and reintegration programs should be mandated for drug-offenders. The development of these programs are becoming the most influential force in changing correctional policy (Chandler et al., 2009). Gradually, nonprofit agencies are promoting mission statements targeted for those previously incarcerated, offering specific services to support rehabilitation and recovery. These nonprofit agencies are integral to changing policies through advocating, investing, and teaching beyond the client—they serve clients while raising awareness within the community (Pettus-Davis & Epperson, 2014).

REAL LIFE (2019), a nonprofit located in Richmond, Virginia, is a great example of making a difference individually, communally, and within policy. They offer a sober-living residence, trauma-informed care, case management, drug testing, court services, external partnerships, classes focused on developing life skills, groups supporting recovery, all while taking the time to actively participate at the city and state level. At this point, courts frequently mandate offenders to receive services at REAL LIFE as part of their sentencing (REAL LIFE, 2019). This is the magnitude and standard that needs to flourish.

The more nonprofits like these begin to advocate, correctional policy will inevitably change. As individual lives succeed with this approach, data needs to be collected and publicized to demonstrate the effectiveness of these programs in response to the physiological basis of addiction. REAL LIFE maintains an online journal where statistics of success are highlighted (see Brown, 2019).

Conclusion

            Incarceration typically does not yield rehabilitation. While it does provide a rare opportunity for intervention, the majority of correctional populations never receive treatment (Chandler et al., 2009). It is time to start going a new direction, especially with growing physiological evidence to understand addiction. It’s time to adapt correctional policies to better represent these new findings.

            When it comes down to it, addiction is not the problem alone. Substance abuse is quickly stigmatized, and more often than not, disregarded as a disease. Until the public and criminal justice system accept the physiological evidence, treatment will never be a guarantee (Chandler et al., 2009). Even though there are several phases that allow for the opportunity—anyone can break the cycle.

Those who become trapped by addiction are more likely to have unstable housing, insufficient funds, limited transportation, and no access to health care (Chandler et al., 2009; Pettus-Davis, 20; Pettus-Davis & Epperson, 2014). These are our friends, family, neighbors, leaders—it’s a public health crisis. Current correctional policy reinforces the stigma of convicted addicts when it could be the best opportunity to provide a long-term solution, or treatment (Chandler et al., 2009). Instead, the focus is on retribution and incarceration for addicts with no acknowledgement of addiction as a disease (Chandler et al., 2009; Glazer, 2015). Perspective is missing when it comes to addiction, and the physiological basis is able to explain the damage caused to the brain and body. The research is staggering and absolutely needs to be considered when enforcing correctional policies. Once effort is put in to correcting addiction through prevention, drug courts, incarceration with required treatment, and mandated reentry programs, the adversities overwhelming the nation will begin to improve. The research is out there and growth has to start somewhere. At any stage in the cycle, anyone can be the change.


 

References

Bartol, C.R. & Bartol, A.M. (2004). Psychology and law: Theory, research, and application.

Wadsworth/Thomson Learning, 3rd ed.

Brown, A. (2019). Life’s numbers to serve REAL humans. REAL LIFE. Retrieved from

http://reallifeprogram.org/lifes-numbers-to-serve-real-humans/

Center for Prisoner Health and Human Rights. (n.d.). Incarceration, substance abuse,

and addiction. The Miriam Hospital. Retrieved from https://www.prisonerhealth.org/educational-resources/factsheets-2/incarceration-substance-abuse-and-addiction/

Chandler, R.K., Fletcher, B.W., & Volkow, N.D. (2009). Treating drug abuse and addiction in

the criminal justice system: Improving public health and safety. National Institute of

Health. JAMA, 301(2): 183-190. Retrieved from

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National Center of Addiction and Substance Abuse. (2010). Behind

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National Institute on Drug Abuse (NIDA). (2014). Principles of drug abuse treatment for

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Pettus-Davis, C., Howard, M. O., Roberts-Lewis, A., Scheyett, A. M. (2011). Naturally

occurring social support in interventions for former prisoners with substance use disorders: Conceptual framework and program model. Journal of Criminal Justice: 39:6, 479-488. Retrieved from https://doi.org/10.1016/j.jcrimjus.2011.09.002

Pettus-Davis, C. (2012). Reverse social work’s neglect of adults involved in the criminal justice

system: The intersection and an agenda. Social Work Research, 36:1, 3-8. National Association of Social Workers [NASW]. Retrieved from https://doi.org/10.1093/swr/svs036

Pettus-Davis, C. & Epperson, M. (2014). From mass incarceration to smart decarceration. Center

for Social Development: Washington University in St. Louis. Retrieved from https://csd.wustl.edu/Publications/Documents/WP14-31.pdf

REAL LIFE (RL). (2019). Retrieved from http://reallifeprogram.org/

Semantic Scholar. (2009). The physiological basis of drug addiction. Retrieved from

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Shively, R. (2015). Keeping drugs out of prison. Corrections Today. Retrieved from

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