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Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan Sep 2003

Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan

Cornell Law Faculty Publications

No abstract provided.


Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick Jan 2003

Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick

Fordham Urban Law Journal

This article asses what is known and what remains to be understood about problem-solving courts. Specifically, the article asserts that drug courts serve a needy population, court mandated treatment programs have higher retention rates, those who participate longer have better outcomes, those in drug courts had lower rates of recidivism, drug use, and that graduated sanctions have statistically significant impact on offenders behavior, sanctions are crucial to the model's effectiveness, post-program studies are sparse, drug courts are less costly than traditional adjudication, but cost savings for jail and prison beds are less clear. The article also addresses questions that ...


Specialized Courts: Not A Cure-All, Phylis Skloot Bamberger Jan 2003

Specialized Courts: Not A Cure-All, Phylis Skloot Bamberger

Fordham Urban Law Journal

This article argues that while specialized courts, such as drug courts, dealing with defendants charged with crimes are of critical importance, sole or primary reliance on specialized courts are not sufficient. Instead, centralized resources should be available as necessary to all courts in a county or city in which alternatives to incarceration are possible, although not automatic because not all defendants are serviced by specialized court.


Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin Jan 2003

Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin

Fordham Urban Law Journal

This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings ...


Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick Jan 2003

Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick

Fordham Urban Law Journal

This article asses what is known and what remains to be understood about problem-solving courts. Specifically, the article asserts that drug courts serve a needy population, court mandated treatment programs have higher retention rates, those who participate longer have better outcomes, those in drug courts had lower rates of recidivism, drug use, and that graduated sanctions have statistically significant impact on offenders behavior, sanctions are crucial to the model's effectiveness, post-program studies are sparse, drug courts are less costly than traditional adjudication, but cost savings for jail and prison beds are less clear. The article also addresses questions that ...


Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick Jan 2003

Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick

Fordham Urban Law Journal

This article offers a number of suggestions concerning how judges should act in problem solving court contexts to spark the motivation of the individual to achieve rehabilitation and increase compliance with treatment. The proposals are derived from psychological literature in other contexts but further analysis and empirical research is needed. The article finds that therapeutic jurisprudence can contribute to the functioning of problem solving courts which can refine therapeutic jurisprudence approaches.


Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin Jan 2003

Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin

Fordham Urban Law Journal

This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings ...


Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick Jan 2003

Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick

Fordham Urban Law Journal

This article offers a number of suggestions concerning how judges should act in problem solving court contexts to spark the motivation of the individual to achieve rehabilitation and increase compliance with treatment. The proposals are derived from psychological literature in other contexts but further analysis and empirical research is needed. The article finds that therapeutic jurisprudence can contribute to the functioning of problem solving courts which can refine therapeutic jurisprudence approaches.


Specialized Courts: Not A Cure-All, Phylis Skloot Bamberger Jan 2003

Specialized Courts: Not A Cure-All, Phylis Skloot Bamberger

Fordham Urban Law Journal

This article argues that while specialized courts, such as drug courts, dealing with defendants charged with crimes are of critical importance, sole or primary reliance on specialized courts are not sufficient. Instead, centralized resources should be available as necessary to all courts in a county or city in which alternatives to incarceration are possible, although not automatic because not all defendants are serviced by specialized court.


Due Process And Problem Solving Courts, Eric Lane Jan 2003

Due Process And Problem Solving Courts, Eric Lane

Fordham Urban Law Journal

This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.


Due Process And Problem Solving Courts, Eric Lane Jan 2003

Due Process And Problem Solving Courts, Eric Lane

Fordham Urban Law Journal

This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.


Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan Jan 2003

Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan

Faculty Scholarship

The phenomenal growth of drug courts and other forms of "problem-solving" courts has followed a pattern that is characteristic of many successful innovations: An individual or small group has or stumbles upon a new idea; the idea is put into practice and appears to work; a small number of other actors adopt the innovation and have similar experiences; if there is great demand for the innovation – for example, because it responds to a widely-perceived crisis or satisfies an institutional need and resolves tensions within organizations that adopt it – the innovation rapidly diffuses through the networks in which the early adopters ...


Problem-Solving Courts: From Innovation To Institutionalization – Foreword, Michael C. Dorf, Jeffrey Fagan Jan 2003

Problem-Solving Courts: From Innovation To Institutionalization – Foreword, Michael C. Dorf, Jeffrey Fagan

Faculty Scholarship

The phenomenal growth of drug courts and other forms of 'problem-solving' courts has followed a pattern that is characteristic of many successful innovations: An individual or small group has or stumbles upon a new idea; the idea is put into practice and appears to work; a small number of other actors adopt the innovation and have similar experiences; if there is great demand for the innovation-for example, because it responds to a widely-perceived crisis or satisfies an institutional need and resolves tensions within organizations that adopt it-the innovation rapidly diffuses through the networks in which the early adopters interact. Eventually ...