Problem-solving courts (PSC) address the underlying problems that contribute to criminal behavior and are a current trend in the legal system of the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

. In 1989, a judge in Miami began to take a hands-on approach to drug addicts, ordering them into treatment, rather than perpetuating the revolving door of court and prison. The result was creation of

drug court Drug courts are judicially supervised court dockets that provide a sentencing alternative of treatment combined with supervision for people living with serious substance use. Drug courts are problem-solving courts that take a public health appro ...

, a diversion program. That same concept began to be applied to difficult situations where legal, social and human problems mesh. There were over 2,800 problem-solving courts in 2008, intended to provide a method of resolving the problem in order to reduce

recidivism Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...

Efforts

Judith Kaye Judith Ann Kaye ( Smith; August 4, 1938 – January 7, 2016) was an American lawyer, jurist and the longtime Chief Judge of the New York Court of Appeals, serving in that position from March 23, 1993, until December 31, 2008. She was the firs ...

was

Chief Judge A chief judge (also known as presiding judge, president judge or principal judge) is the highest-ranking or most senior member of a lower court or circuit court with more than one judge. According to the Federal judiciary of the United States, th ...

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

from 1993 to 2008 where she was most responsible for implementing court reform utilizing problem-solving courts in her state, one of the first in the nation. She also co-founded the

Center for Court Innovation The Center for Court Innovation is an American non-profit organization headquartered in New York, founded in 1996, with a stated goal of creating a more effective and human justice system by offering aid to victims, reducing crime, and improving ...

, a non-profit

think tank A think tank, or policy institute, is a research institute that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture. Most think tanks are non-governmenta ...

headquartered in New York that helps courts and criminal justice agencies decrease crime, provide aid to victims and increase the public's confidence in the justice system. Center for Court Innovation researchers explored whether problem-solving justice always requires a specialized court or if core principles and practices from these specialized courts are transferable to conventional courts. After interviewing judges, attorneys and representatives from probation departments and service providers, researchers concluded that a number of principles—such as judicial monitoring and linking offenders to services—could be transferable. The study, conducted in cooperation with the Collaborative Justice Courts Advisory Committee of the Judicial Council of California, was the first of its kind in the country. In 2005,

The New Press The New Press is an independent non-profit public-interest book publisher established in 1992 by André Schiffrin Fordham Law School Fordham University School of Law is the law school of Fordham University. The school is located in Manhattan in New York City, and is one of eight ABA-approved law schools in that city. In 2013, 91% of the law school's first-time test tak ...

. The

National Association of Drug Court Professionals The National Association of Drug Court Professionals (NADCP) is an American 501(c)(3) non-profit organization devoted to furthering the treatment court model and criminal justice reform worldwide. About NADCP is the premier training, membership a ...

had more than 25,000 members working in 2,663 drug courts and 1,219 other problem-solving courts as of late 2011. Their annual conference offers education and training from experts for problem-solving professionals world-wide. Both problem-solving courts and the use of

therapeutic jurisprudence Therapeutic jurisprudence (TJ) studies law as a social force (or agent) which inevitably gives rise to unintended consequences, which may be either beneficial (therapeutic) or harmful (anti-therapeutic). These consequences flow from the operation ...

greatly improved the outcomes of most cases. Programs have been established for teen court,

DWI court DWI courts (sometimes called DUI courts) are a form of court that exists in some United States legal jurisdictions, that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI ...

, re-entry court,

community court In several countries including Australia, the United States, the United Kingdom, Canada, and South Africa, a community court is a neighborhood-focused problem-solving court that applies a problem-solving approach to local crime and safety conc ...

domestic violence court Specialized domestic violence courts are designed to improve victim safety and enhance defendant accountability. There is no one set definition of a specialized violence court, although these types of courts can be either civil or criminal and ty ...

, sex offense court,

mental health court Mental health courts link offenders who would ordinarily be prison-bound to long-term community-based treatment. They rely on mental health assessments, individualized treatment plans, and ongoing judicial monitoring to address both the mental hea ...

, and

veterans' court A veterans' court is a "special court" which is charged with trying cases of minor offenses which involve veterans, particularly those diagnosed with service-related illnesses. The first veterans' court was established in 2008 in Buffalo, New Y ...

Principles

According to the Center for Court Innovation, there are six principles required for problem-solving courts to be effective. There must be ''better information'' available to the staff through training, and comprehensive defendant information for justice officials. ''Community engagement'' with the public will encourage cooperation of witnesses, jurors, and community watch groups, and foster trust. ''Collaboration'' between legal officials (judges/prosecutors/attorneys/probation officers), social service providers, victim groups and schools will keep everyone focused on the goal. ''Individualized Justice'' links offenders to the services they need and provides services for victims to aid in their recovery. Offenders must be held ''accountable'' with compliance monitoring and consequences for non-compliance. ''Outcomes'' need to be analyzed for cost versus benefit, and to provide continuous improvement of the process.

Differences

Problem-solving courts look just like traditional courts, but defendants are referred to as "clients" and the judge has extensive knowledge about the client and talks with them directly. A client placed in a treatment program is monitored by the judge for months or years, and will return to court periodically to assess progress and/or problems. The judge can order the client to serve jail time as a punishment while in a treatment program, and the judge decides when the client is to be released from the program.

Criticism

A 2005 article in the ''

New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...

'' noted that because judges have total discretion, the results can be inconsistent. When that situation existed in the criminal justice system, mandatory sentencing guidelines were instituted. Legal scholars have warned that judges may also force their values upon defendants from different cultures. Those critical of the system say many treatment programs are unnecessarily harsh, and any deviation from the rules is punished. Some public defenders have criticized the use of problem-solving courts because accused persons who accept intervention are implicitly treated as guilty; the courts do not allow an accused person to receive a determination of innocence or guilt. New York Supreme Court Judge James A. Yates has characterized their use as a trend toward "an inquisitorial system of justice". Judges in problem-solving courts need other skills beyond a knowledge of the law; they also must sometimes function as a social worker, therapist, and accountant. Law schools have only recently begun to provide courses on problem-solving justice, and New York Judge Fern Fisher commented that not all judges have the patience and attitude necessary to be effective.

Federal guidance

The

Bureau of Justice Assistance The Bureau of Justice Assistance (BJA) is a component of the Office of Justice Programs, within the United States Department of Justice. BJA provides leadership and assistance to local criminal justice programs that improve and reinforce the nat ...

(BJA) is the branch of the

U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...

tasked with proving the concept and providing guidelines to state court systems that seek to implement a program. The BJA identified ten projects and provided funding to demonstrate the theories in practice and document their results. They also provide hands-on assistance for any judicial entity seeking to establish a problem-solving court.

References

External links

The Center for Court Innovation websiteBureau of Justice Assistance websiteNational Association of Drug Court Professionals website
{{Types of courts Courts by type Courts in the United States United States criminal procedure Criminal justice Crime prevention Criminology Problem solving