Problem-Solving Courts

Eric J. Miller

in Criminology

ISBN: 9780195396607
Published online April 2011 | | DOI:
Problem-Solving Courts

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Problem-solving courts are a recent and increasingly widespread alternative to traditional models of case management in criminal and civil courts. Defying simple definition, such courts encompass a loosely related group of practice areas and styles. Courts range from those addressing criminal justice issues, such as drug courts, mental health courts, reentry courts, domestic violence courts, and juvenile courts, to those less directly connected with traditional criminal justice issues, including family courts, homelessness courts, and community courts, to name just a few. Most courts, however, share some distinctive common features: channeling offenders away from traditional forms of legal regulation or punishment, relying on a more or less lengthy program of supervision and intervention that utilizes the informal or institutional authority of the judge, and a robust toleration of relapse backed by a graduated series of sanctions directed at altering the participants’ problematic conduct. These courts work to stream participants out of the traditional legal system either at the front end, prior to judgment being entered, or at the back end, as a consequence of entry of judgment, but prior to sentencing or other case disposition. Many, but not all, of these courts subscribe to the practice of either therapeutic or restorative justice (or both).

Article.  13730 words. 

Subjects: Criminology and Criminal Justice ; Criminal Justice ; Criminology

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