Law Commons^™

Mandatory, Fast, And Fair: Case Outcomes And Procedural Justice In A Family Drug Court, Melanie Fessinger, Katherine Hazen, Jamie Bahm, Jennie Cole-Mossman, Roger Heideman, Eve Brank

Center on Children, Families, and the Law: Faculty Publications

Objectives: Problem-solving courts are traditionally voluntary in nature to promote procedural justice and to advance therapeutic jurisprudence. The Family Treatment Drug Court (FTDC) in Lancaster County, Nebraska, is a mandatory dependency court for families with allegations of child abuse or neglect related to substance use. We conducted a program evaluation examining parents’ case outcomes and perceptions of procedural justice to examine whether a mandatory problem-solving court could replicate the positive outcomes of problem-solving courts. Methods: We employed a quasi-experimental design that compared FTDC parents to traditional dependency court parents (control parents). We examined court records to gather court orders, compliance …

Mental Health Courts And Sentencing Disparities, E. Lea Johnston, Conor P. Flynn

UF Law Faculty Publications

Despite the proliferation of mental health courts across the United States, virtually no attention has been paid to the criminal justice effects these courts carry for participants. This article provides the first empirical analysis of differential sentencing practices in mental health and traditional criminal courts. Using a case study approach, the article compares how Pennsylvania’s Erie County Mental Health Court and county criminal courts sentenced individuals who committed the same offenses and held the same average criminal history score. Information on the mental health court—including eligibility criteria, plea bargaining and sentencing procedure, sentencing policies, program length, graduation rates, likelihood of …

People With Secrets: Contesting, Constructing, And Resisting Women’S Claims About Sexualized Victimization, Rose Corrigan, Corey S. Shdaimah

Catholic University Law Review

What do sexual assault victims and women charged with prostitution have in common? Both are processed through a criminal justice system where legal actors assess their claims of victimization and either provide or deny resources and recognition in response to those claims. Ideal victim theory posits that not all victims’ claims are treated equally due to static factors such as personal characteristics or case facts. Professor Corrigan and Professor Shdaimah present the Arena of Intelligibility, an original analytical tool developed from their empirical data, to more effectively explain case outcomes for women affected by sexual crimes.

The Arena explains criminal …

Procedural Due Process In Modern Problem-Solving Courts: An Application Of The Asymmetric Immune Knowledge Hypothesis, Leah C. Georges

Department of Psychology: Dissertations, Theses, and Student Research

Problem-solving courts, such as drug and mental health courts, function under the model of therapeutic jurisprudence—the idea that legal policies and procedures should help and not harm clients, within the confines of the law (Winick & Wexler, 2002). Although it would seem that the lack of procedural due process in most problem-solving courts is in direct opposition to the best interests of a client, it is possible that observers find this more of a problem than do the court clients themselves. This two-experiment study applied Igou’s (2008) AIK hypothesis to problem-solving courts’ practice of sanctioning in the absence of due …

The Judge, He Cast His Robe Aside: Mental Health Courts, Dignity And Due Process, Michael L. Perlin

Articles & Chapters

One of the most important developments in the past two decades in the way that criminal defendants with mental disabilities are treated in the criminal process has been the creation and the expansion of mental health courts, one kind of “problem-solving court.” There are now over 300 such courts in operation in States, some dealing solely with misdemeanors, some solely with non-violent offenders, and some with no such restrictions. There is a wide range of dispositional alternatives available to judges in these cases, and an even wider range of judicial attitudes. And the entire concept of “mental health courts” is …

John Brown Went Off To War: Considering Veterans’ Courts As Problem-Solving Courts, Michael L. Perlin

Articles & Chapters

In this paper, I seek to contextualize veterans courts in light of the therapeutic jurisprudence (TJ) movement, the turn to problem-solving courts of all sorts (especially focusing on mental health courts), and the societal ambivalence that we have shown to veterans in the four decades since the Vietnam war.

I argue that TJ’s focuses on how law actually impacts people’s lives, on the law’s influence on emotional life and psychological well-being and on the need for law to value psychological health and avoid the imposition of anti-therapeutic consequences whenever possible can serve as a template for a veterans courts model …