juliaoceania
Posts: 21383
Joined: 4/19/2006 From: Somewhere Over the Rainbow Status: offline
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quote:
ORIGINAL: LadyPact quote:
ORIGINAL: juliaoceania I do think it shouldn't be court mandated. I do think that it is WONDERFUL that the scientific community is trying to come up with alternatives to the 12 steps, and that there was alternatives to it. Honestly, I don't have a problem with it being court mandated. My reasoning for this is that many of the folks who attend basically to get their court paper signed, may not really want to be there, but some of the stuff sinks in. I see it very much like the "scared straight" programs that are run by the correction system. Went out and got yourself a DUI? Sit in the room and listen to the person who killed a kid with their car, did a prison sentence, and is now in that meeting telling that story so that nobody else has to live with the guilt that will stay for the rest of his life. If that court mandated person doesn't go to AA, but at the same time never drives drunk again, I'm all for it. The problem is the first amendment quote:
Summary The trend of current case law shows that forcing a prisoner or probationer to attend A.A. or N.A. or other religiously centered rehabilitation program is increasingly seen as a violation of the Establishment Clause of the First Amendment. Courts from the 1st, 2nd, 4th, 7th, 8th, 9th and 11th Circuits have all explicitly or implicitly ruled that this is true. In order to establish such a claim, prisoners must generally show three things: (1) that the program is religious; (2) that if they do not attend the program they will either (a) lose some benefit they are otherwise entitled to or (b) be subject to some detriment or punishment; and (3) that there is no secular alternative available. http://www.ffrf.org/faq/state-church/court-ordered-participation-in-a.a/
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