Problem‐Solving Courts: Theory and Practice

Problem‐solving courts (PSCs) are a popular and fast‐growing alternative to the usual way of handling criminal cases. In place of the adversarial process, they provide court‐supervised treatment to certain groups of offenders by addressing the underlying causes of criminal behavior. They take on a variety of forms including drug courts, mental health courts, domestic violence courts, veterans’ courts, and homeless courts. PSCs, as relatively new innovations in the criminal justice system, are still evolving in scope and in practice. This article then attempts to synthesize what we know about these specialty dockets. To do so, this article (1) explores the origins and developments of PSCs as well as highlights their defining characteristics; (2) examines the theoretical approaches and empirical findings of contemporary research on problem‐solving courts; (3) critically discusses whether this new approach to old problems compromises core judicial principles; and (4) suggests directions for further research to better understand the cautionary promise of problem‐solving justice.     

Neighborhood context and racial/ethnic disparities in judicial processing

This article examines the importance of neighborhoods in shaping judicial processing and racial/ethnic disparities in court outcomes. Scholarship instructs that court actors—prosecutors, defense counsel, and judges—make legal decisions with local communities in mind. With the rise of geographic information in arrest records and mapping techniques, greater opportunities exist to evaluate the role of neighborhood context in the juvenile and criminal courts. This article synthesizes research on how the characteristics of neighborhoods where defendants live and/or offend influence judicial processing. Attention is given to how scholars define neighborhoods, identify key neighborhood conditions, and analyze the relationships among places and judicial decisions. Emphasis is also placed on unpacking debates on whether neighborhood conditions diminish or aggravate racial/ethnic disparities in court outcomes, such as incarceration decisions. Its analysis reveals findings of neighborhood effects as well as evidence of neighborhood characteristics widening racial/ethnic differences in judicial processing. This article thus encourages the consideration of community context in disparity studies and policy efforts to improve citizens' access to justice.     

Elders and the courts: judicial policy for an aging America

This article examines how trial courts should address complex issues of an aging society. More older people, living longer, will enter courthouses with underlying problems that will impede effective access and court processes and will require judges to enhance linkages with community health, mental health, and social services providers. The article analyzes how court systems perceive these issues and explores how they have begun to address them. It concludes with an argument in support of innovative new approaches to assist courts in responding to emerging issues of older adults.     

Elders and the Courts

Abstract

This article examines how trial courts should address complex issues of an aging society. More older people, living longer, will enter courthouses with underlying problems that will impede effective access and court processes and will require judges to enhance linkages with community health, mental health, and social services providers. The article analyzes how court systems perceive these issues and explores how they have begun to address them. It concludes with an argument in support of innovative new approaches to assist courts in responding to emerging issues of older adults.     

Examining Mental Health Court Completion: A Focal Concerns Perspective

Sociologists have long‐raised concern about disparate treatment in the justice system. Focal concerns have become the dominant perspective in explaining these disparities in legal processing decisions. Despite the growth of problem‐solving courts, little research has examined how this perspective operates in nontraditional court settings. This article used a mixed‐method approach to examine focal concerns in a mental health court (MHC). Observational findings indicate that gender and length of time in court influence the court's contextualization of noncompliance. While discussions of race were absent in observational data, competing‐risk survival analysis finds that gender and race interact to predict MHC termination.     

School Discipline,Race, and the Discursive Construction of the “Deficient” Student

Abstract

Research has demonstrated how, in the current era of mass incarceration, the punitive arm of the state now extends beyond traditional criminal justice structures into institutions typically associated with providing care or a social good. The negative effects of this shift have disproportionately impacted marginalized populations, particularly low-income black and Latino communities. This article examines one way that this extension has manifested in the realm of public education. Based on ethnographic data from a public Grade 6–12 Disciplinary Alternative Education Program (DAEP) in Texas, this article scrutinizes the program’s behavioral rules and disciplinary procedures. The analysis focuses on students’ introductory experience to the DAEP as a “strategic research site” to illuminate the program’s formal objectives, methods to achieve their institutional goals, and their intended effects on students. I find that the practices and procedures in place at the DAEP operate through racializing surveillance to constitute “disciplinary technologies” devoted to the transformation of “culturally deficient” students—a racialized and gendered classification—into docile bodies. Students are disciplined through punitive and rehabilitative methods premised on the discursive construction of “deficient” students and families.     

Beyond Public Opinion Polls: Punitive Public Sentiment & Criminal Justice Policy

The punitive turn in criminal justice policy, epitomized by policies like three-strikes, truth in sentencing, and mandatory minimums, is often attributed in part to demand for harsher criminal justice responses from an increasingly punitive public. It has been argued that public opinion, known to be both largely uninformed and often misunderstood, might both indirectly and directly affect policy. This survey article on punitiveness in public opinion opens with a discussion of competing depictions of the nature of the relationship between a punitive public and increasingly punitive criminal justice policies. The article then focuses on some of the most influential explanations for variations in punitiveness within individuals and across groups. A review of what we know about public attitudes toward punishment and a brief explanation of how we know what we know (e.g. the methodologies by which we gauge public opinion) follow. The article concludes with the observation that as methodologies continue to improve and the literature in this area continues to grow, so too does our understanding of punitive public opinion in all of its complexity.     

Adult Drug Treatment Courts: A Review

Drug treatment courts (DTCs), an alternative to traditional criminal courts, provide an innovative way to legally process some drug offenders. The origin and recent growth of the drug court system in the USA can be explained as an unintended consequence of a failing 'war on drugs'. In this article, we discuss the spread of adult DTCs throughout the USA, the main components of drug courts, controversies surrounding DTCs, and some criticisms of drug courts. We summarize the recent evaluations of adult DTCs, and highlight various DTC factors that have been found to reduce individual drug use and criminal activity. We also offer suggestions for future research on DTCs and conclude with policy recommendations.     

Sentencing Male Sex Offenders Under the Age of 14: A Law Reform Advocacy Journey in Hong Kong

The common law presumption that a boy under the age of 14 is incapable of sexual intercourse has provoked controversial debates in Hong Kong. This article describes a 6-step advocacy journey to examine how community efforts have helped modify this law so that juvenile male sexual offenders under the age of 14 who have committed the crime of having sexual intercourse with underage females can be sentenced to receive appropriate treatment. Seven court cases provided by the magistrates’ courts in Hong Kong were used in this advocacy effort for the removal of the presumption in July 2012. Although this effort has yet to reveal signs of effectiveness, it represents greater public awareness about providing rehabilitation appropriate for juvenile sex offenders through a formal sentence. Restorative justice, as opposed to retributive or punitive justice, places an emphasis on rehabilitation of the offender and restoration of victims to a place of wholeness.     

Promoting Drug Court Education in Schools of Social Work: Ideas in Action

Drug courts have provided an alternative to incarceration for arrestees with substance use disorders since 1989 in the USA, and the first drug court outside of the USA began in 1998 in Canada. As drug courts continue to increase throughout the world, it is important for social work students to learn about the role of drug courts in their communities, as they may interact with these programs directly or indirectly, whether it is being a member of a task force that begins a drug court or providing substance abuse treatment to participants. This Ideas in Action article conceptualizes drug courts and discusses their relevance for social work education. The article also proposes several direct service-learning techniques, such as completing practicums and course projects, which can be used within schools of social work to educate students about drug courts and promote civic engagement, reflection, and reciprocity.     

Pushing boundaries and blurring categories in digital media and religion research

As religious identity and spiritual practices transform and expand in the digital media moment, this article advocates for more critical scholarship on media and religion that examines the complex ways that individuals make meaning in the digital age. First, I present an overview of foundational media and religion theories that analyze the interactions between these ever‐changing fields, such as the culturalist tradition, mediatization theory, and the social shaping of technology approach. Furthermore, this essay highlights insightful research trends that blur distinctions between media spaces and complicate definitions of religion. Finally, a discussion of gaps in the scholarship will justify an argument for more theories centered in international contexts, as well as analysis of the relationships between media technologies, aesthetics, affect, identity and religious expression. These emerging approaches provide more in‐depth discussions of how the fast‐changing and ever‐complex digital culture is deeply connected to the evolving nature of religion and human existence.     

What Do Social Workers Need to Know About Mental Health Courts?

Abstract

Mental health courts are an emerging strategy to engage mentally ill offenders in treatment and to avoid unnecessary incarceration. These courts began in 1997 based upon the drug court model; there are currently over 70 courts nationwide. These courts are heterogeneous in structure, work with interdisciplinary teams, and seek to engage the consumer in treatment rather than use judicial sanctions. Social workers are integral members of these teams; yet, no research has been published in social work journals on mental health courts. This article explains the background and context of the courts, describes their features, discusses what social workers need to know about mental health courts, and concludes with ideas for how social workers may work effectively with mental health courts.     

Factors Associated with Drug Treatment Entry Patterns Among Hispanic Women Injection Drug Users Seeking Treatment

SUMMARY

This paper examines patterns of drug treatment entry and factors that are associated with these patterns among 1,849 Hispanic women injection drug users (IDUs). The data analyzed originates from a statewide drug-treatment database covering seven years, 1996–2002. Through the use of logistic regression analyses, the study identified significant differences in predisposing, need and enabling factors in the use of detoxification only, residential treatment, or methadone maintenance. Compared to other Hispanics, Puerto Rican women were 40 percent less likely to use only detoxification services and one and a half times more likely to use methadone maintenance. Having health insurance was an especially important factor associated with methadone treatment utilization. Two of the most important factors associated with residential treatment use were history of mental health services utilization and involvement with the criminal justice system. This article discusses specific social work practice implications including the need for social work practitioners to promote services such as residential treatment, to be trained in treatment of co-occurring mental health disorders, especially among women in residential treatment, and the need to establish close linkages with the mental health and criminal justice systems.     

Juvenile or adult? Negotiating and contesting childhood in the courtroom

Legislative changes during the 1980s and 1990s made it easier to treat juveniles as adults in the U.S. justice system. Research on the sentencing outcomes of juveniles in the criminal court has been somewhat mixed, with some studies showing that they receive severe or long sentences and others showing that many young people receive probation or relatively short jail or prison sentences. Less attention has been placed on the process through which these cases move through the criminal court and the ways in which the labels of “juvenile” and “adult” are negotiated and contested by legal actors. Using both qualitative and quantitative data, this article examines the negotiation of these labels. While it finds that legal rules are important in establishing the potential outcomes in a case, the power of specific actors and the context of specific courtrooms are also important in shaping the negotiations and contestations over these labels. The article provides a framework to understand outcomes and presents ways that advocates can become involved in helping to shape the outcomes of these cases.     

The efficacy of the Rio Hondo DUI court: a 2-year field experiment

This study reports results from an evaluation of the experimental Rio Hondo driving under the influence (DUI) court of Los Angeles County, California. Interviews and official record checks with 284 research participants who were randomly assigned to a DUI court or a traditional criminal court were assessed at baseline and at 24-month follow-up. The interviews assessed the impact of the DUI court on self-reported drunk driving behavior, the completion of treatment, time spent in jail, alcohol use, and stressful life events. Official record checks assessed the impact of the DUI court on subsequent arrests for driving under the influence and other drinking-related behaviors. Few differences on any outcomes were observed between participants in the experimental DUI court and those assigned to the traditional court. The results suggest that the DUI court model had little additional therapeutic or public safety benefit over the traditional court process. The implication of these findings for the popularity of specialized courts for treating social problems is discussed.     

A Qualitative Examination of the Juvenile Drug Court Treatment Process

ABSTRACT

Drug treatment courts have proliferated at a remarkable rate, to over 1,000 drug court programs by May 2001. Literature has developed which shows drug courts to be generally effective for reducing recidivism and drug use. However, research on juvenile drug court treatment has lagged behind its adult predecessor. Recent research efforts emphasize the need to understand the process components of drug court so this treatment model can be described and modified to improve effectiveness. The current paper has three related objectives: (1) to describe how focus groups can be effectively used to study juvenile drug court treatment processes; (2) to present findings from a juvenile drug court in which this method was used; and (3) to interpret these findings through an empirically validated conceptual model that has been used to examine the treatment process components of community-based drug abuse treatment. Implications for evaluation and treatment professionals are discussed.     

Parole Revocation in the Era of Mass Incarceration

The explosive growth of US prison populations over the last 30 years—now known as ‘mass incarceration’—has been driven by harsh sentences delivered to offenders by criminal courts, but the increasingly common practice of parole revocation has also contributed significantly to this phenomenon. As the criminal justice system has been reoriented away from rehabilitation and toward punitive objectives, the function of parole has changed accordingly. No longer focused on the successful reintegration of offenders, parole has been transformed into a managerial instrument that mainly serves to identify and reincarcerate dangerous criminals. This function entails a substantial amount of discretion in revocation decision making, raising concerns about the further entrenchment of disadvantage among already impoverished populations. However, given the professional and reputational pressures on state parole boards, revocation decision making logics appear rational. Reducing the flow of parole violators into prisons, therefore, is far more complicated than the technical re-engineering of parole practices. Such reform necessarily involves questioning our fundamental philosophies of punishment.     

The Effect of Social Class on the Adjudication of Criminal Cases: Class-linked Behavior Tendencies,Common Sense,and the Interpretive Procedures of Court-appointed Defense Attorneys

This article addresses some important issues concerning the effect of social class on criminal case outcomes. Although the findings reported here support Donald Black's (1989) argument that a defendant's relative social class effects the quantity of law applied to a criminal case, they also indicate that this influence occurs through actors' interpretive procedures. Specifically, one group of court-appointed defense attorneys link behavior tendencies to court actors characterized as different social class types. These behavior tendencies are expressed through the grammar and rhetoric of “common sense”—a knowledge system which is evoked throughout all types of judicial proceedings. The attorneys' expectations of court actors shape their behavior such that lower-class defendants are likely to endure a greater quantity of law. The article concludes with some suggestions on how researchers might reconsider studying the effect of social class on criminal case outcomes.     

Clarifying Criminological and Social Psychological Theory: A Second Look at the Relationship between Injustice and General Strain Theory

Research in social psychology and criminology reveals a great deal of overlap when explaining the relationship between injustice and criminal or deviant behavior. The organizational justice literature examines how the major forms of justice (distributive, procedural, and interactional) combine and interact to influence criminal or deviant behaviors in the workplace. While general strain theory (GST) recognizes that injustice is an aspect of strain that fosters criminal coping in multiple contexts, it does not detail the additive and interactive effects that these types of injustice may have on crime. Nevertheless, GST can provide a useful theoretical lens for understanding how injustice facilitates criminal behavior. This article provides an overview of major findings regarding the relationship between injustice and crime according to a GST framework, concluding with a discussion of new directions for future research.