Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Incapacitating Errors: Sentencing And The Science Of Change, M. Eve Hanan
Incapacitating Errors: Sentencing And The Science Of Change, M. Eve Hanan
Scholarly Works
Despite widespread support for shifting sentencing policy from “tough on crime” to “smart on crime,” reflected in legislation like the federal First Step Act, the scope of criminal justice reform has been limited. We continue to engage in practices that permanently incapacitate people while carving out only limited niches of sentencing reform for special groups like first-time nonviolent offenders and adolescents. We cannot, however, be “smart on crime” without a theory of punishment that supports second chances for the broadest range of people convicted of crimes.
This Article posits that the cultural belief that adults do not change poses a …
About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon
About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon
Scholarly Works
This Article examines specialty courts, including drug, alcohol, and mental health courts, which proponents claim created a revolution in criminal justice. Defendants whose underlying crime is the result of a substance use disorder or a mental health disorder can choose to be diverted into a specialty court, where they receive treatment instead of punishment. Many of these individuals, however, do not just suffer from a substance use disorder or a mental health disorder; instead, many have a “co-occurring disorder.” Approximately 8.9 million American adults have co-occurring mental health and substance use disorders, and almost half of individuals who meet diagnostic …