“If you let someone who has five prior convictions into treatment over the prosecutor’s objections, that’s really symbolic of a revolving door,” said Bridget G. Brennan, the special narcotics prosecutor for New York City. “We’re worried that this will permit endless cycles of meaningless and expensive treatment.”

How arrogant is that? Brennan's argument is that prosecutors are more capable than judges of deciding whether a particular defendant deserves a chance at treatment rather than incarceration. Isn't she familiar with the concept of separation of powers? Her job is to prosecute. The judge's job is to sentence.

As Jeralyn's post notes, what Brennan perceives as a "revolving door" and "endless cycles" of treatment is the reality of rehab programs. They don't always work, and when they do, it takes time for people to change. Relapses are an expected part of treatment; they aren't a sign of failed treatment. Judges who understand that reality know that relapses are not a reason to incarcerate.