Problem Solving Courts

Author: Richard L. Wiener
Publisher: Springer Science & Business Media
ISBN: 1461474035
Format: PDF, ePub, Docs
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In order to make the criminal court system more effective there has been a growing trend to have courts participate in what is essentially a rehabilitation strategy. Such courts are often referred to as “problem-solving” because they are working on root causes of criminal behavior as part of the dispensation of justice. This major shift in the role of the courts means that the court works closely with prosecutors, public defenders, probation officers, social workers, and other justice system partners to develop a strategy that pressures offenders to complete a treatment program which will ultimately, hopefully prevent recidivism. Research has shown that this kind of strategy has a two-fold benefit. It has been successful in helping offenders turn their lives around which leads to improved public safety and the ultimate saving of public funds. This book is the first to focus exclusively on problem solving courts, and as such it presents an overview of the rationale and scientific evidence for such courts as well as individual sections on the key areas in which these courts are active. Thus there is specific attention paid to domestic violence, juvenile criminality, mental health, and more. Throughout, research findings are incorporated into general discussions of these courts operate and ideally what they are trying to accomplish. There is also discussion of how such courts should evolve in the future and the directions that further research should take.

The Judicial Process

Author: Christopher P. Banks
Publisher: CQ Press
ISBN: 1483386287
Format: PDF, ePub, Mobi
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The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

Transforming Criminal Justice

Author: Jane Donoghue
Publisher: Routledge
ISBN: 1136699481
Format: PDF, ePub, Docs
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Why is punishment not more effective? Why do we have such high re-offending rates? How can we deal with crime and criminals in a more cost-effective way? Over the last decade in particular, the United Kingdom, in common with other jurisdictions such as Canada, the United States (US) and Australia, has sought to develop more effective ways of responding to criminal behaviour through court reforms designed to address specific manifestations of crime. Strongly influenced by developments in US court specialisation, problem-solving and specialist courts - including domestic violence courts, drugs courts, community courts and mental health courts - have proliferated in Britain over the last few years. These courts operate at the intersection of criminal law and social policy and appear to challenge much of the traditional model of court practice. In addition, policy makers and practitioners have made significant attempts to try to embed problem-solving approaches into the criminal justice system more widely. Through examination of original data gathered from detailed interviews with judges, magistrates and other key criminal justice professionals in England and Wales, as well as analysis of legislative and policy interventions, this book discusses the impact of the creation and development of court specialisation and problem-solving justice. This book will be essential reading for students and academics in the fields of criminology, criminal justice, criminal law, socio-legal studies and sociology, as well as for criminal justice practitioners and policy-makers.

Legal Accents Legal Borrowing

Author: James L. Nolan Jr.
Publisher: Princeton University Press
ISBN: 9781400830794
Format: PDF
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A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.

Critical Perspectives on Coercive Interventions

Author: Claire Spivakovsky
Publisher: Routledge
ISBN: 135165733X
Format: PDF, Kindle
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Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.

Criminal Courts

Author: Craig Hemmens
Publisher: SAGE Publications
ISBN: 1483317226
Format: PDF, Kindle
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Written by three leaders in the field, this comprehensive and accessible text for undergraduate courses explores all conventional topics (court structure, courtroom actors, and the trial and appeal process) as well as others seldom covered. The text first reviews the judicial function, the role and purpose of law, sources of law, the various types of law, and the American court system structure and operations, both state and federal. The participants in the system are discussed next, followed by the pretrial, trial, and posttrial processes. A wealth of pedagogical tools adds valuable related content, ranging from the points of view of court process participants to comparative information to hotly debated topics.

Law and Social Change

Author: Sharyn L Roach Anleu
Publisher: SAGE
ISBN: 1446204804
Format: PDF
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This is a timely new edition of Sharyn L Roach Anleu's invaluable introduction to the sociology of law and its role as a social institution and social process. Discussing current theory and key empirical research from a diverse range of perspectives Law and Social Change gives relevant examples, from various cultures and societies, to provide a sociological view which goes beyond more jurisprudential approaches to law and society. The book: • provides coverage of major classic and contemporary social theories of law • is informed by empirical research drawn from several countries/societies • includes up to date and relevant examples This thoroughly updated edition engages with modern scholarship, and recent research, on globalization whilst also looking at related issues such as the internationalization of law and human rights. It explores recent reforms at local and national levels, including issues of migration and refugees, the regulation of 'anti-social' behaviour, and specialist or problem solving courts and also provides a clear, accessible introduction to research methods used in the socio-legal field. Direct and wide-ranging this text will be essential reading for students and researchers on social science and law courses and in particular, those taking sociology, legal theory, criminology and criminal justice studies.

Handbook of Psychology in Legal Contexts

Author: David Carson
Publisher: John Wiley & Sons
ISBN: 047086222X
Format: PDF, Mobi
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The second edition of this popular international handbook highlights the developing relationship between psychology and the law. Consisting of all-new material and drawing on the work of practitioners and academics from the UK, Europe, North America and elsewhere, this volume looks not only at the more traditional elements of psychology and the law - the provision of psychological assessments about individuals to the courts - but also many of the recent developments, such as the interaction between psychologists and other professionals, decision-making by judges and juries, and the shaping of social policy and political debate. Contemporary and authoritative in its scope, the second edition of The Handbook of Psychology in Legal Contexts will again prove to be a valuable resource for scholars and students, as well as being a vital tool for all professionals working in the field. * Well known editors and an international list of authors, most of whom are leaders in their field * Focus on psychological concepts and knowledge that will enlighten best practice and research * The focus on process and issues ensures that the book is not limited in interest by specific legal codes or legislation, it is international * More than an updating of the old chapters, really a rethinking of the field and what is now important and emerging

Problem solving Courts

Author: Paul C. Higgins
Publisher: Praeger Publishers
ISBN:
Format: PDF, Kindle
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Explores the rise of the problem-solving court movement, the logic behind the courts, the approaches they take, and the anticipated benefits and possible negative aspects of problem-solving courts.

Rebel Law

Author: Frank Ledwidge
Publisher: Oxford University Press
ISBN: 184904922X
Format: PDF, ePub, Docs
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In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and ensure that its decisions are carried out, for practical purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law examines this key weapon in the armory of insurgent groups, ranging from the Ireland of the 1920s, where the IRA sapped British power using 'Republican Tribunals' to today's 'Caliphate of Law' - the Islamic State, by way of Algeria in the 1950s and the Afghan Taliban. Frank Ledwidge tells how insurgent courts bleed legitimacy from government, decide cases and enforce judgments on the battlefield itself. Astute counterinsurgents, especially in "ungoverned space," can ensure that they retain the initiative. The book describes French, Turkish and British colonial "judicial strategy" and contrasts their experience with the chaos of more recent "stabilization operations" in Iraq and Afghanistan, drawing lessons for contemporary counterinsurgents. Rebel Law builds on his insights and shows that the courts themselves can be used as weapons for both sides in highly unconventional warfare.