6 Specialized Courts

Introduction Specialized courts include drug courts, domestic violence courts, community courts, career criminal courts, etc. They all target different problems but share a similar mission: “to shift the focus from processing cases to achieving meaningful results for defendants by formulating creative, individually-tailored sentences”

Origins and Distinguishing Features Specialized courts emerged in response to several factors Goldstein’s concept of problem-oriented policing Wilson and Kelling’s broken-windows theory Argued that if minor problems are ignored, serious crime could take hold

Origins and Distinguishing Features Focus on Outcomes Traditional adjudication is concerned with process and punishment, not outcomes Outcomes can include long-term prospects for the offender, as well as the effects of criminal sanctions on family members and relatives Judicial Monitoring Problem-solving court judges stay involved in cases from beginning to end

Origins and Distinguishing Features Informed Decision-Making In some community courts, on-site caseworkers can evaluate defendant’s needs for judges Collaboration Problem-solving courts can work with officials from public and private agencies Nontraditional Roles, e.g. a movement from the adversarial system

Origins and Distinguishing Features Systemic Change Refers to the lessons problem-solving courts have learned and to the changes they urge other public agencies to make Voluntary Participation Defendants are generally given the choice to participate in specialized courts Benefit: the defendant may get help not offered in traditional courts (e.g. drug treatment) Drawback: “selection effect”

Origins and Distinguishing Features Therapeutic Jurisprudence: Seeing law as a helping profession Arose from the field of mental health law Concerned with consequences on social relationships e.g. in cases of domestic violence, therapeutic jurisprudence focuses on victim safety and offender accountability

Origins and Distinguishing Features Community Input Courts have traditionally been cut off from the communities in which they are located Specialized courts advocates realize benefits to community involvement Helps identify, prioritize and solve local problems Helps improve public trust in justice

Varieties of Specialized Courts Specialized courts are being developed in response to a wide variety of crime problems The definition of American criminal court appears to be changing Problem-solving courts are moving away from adjudication to monitoring and service provision tasks

Varieties of Specialized Courts Drug Courts Courts and treatment officials work closer together in the drug court environment Drug courts usually operate in one of two ways: Divert offenders out of the criminal process by assigning them to treatment Post-adjudication programs either defer sentencing or suspend it in exchange for completion of a treatment program

Varieties of Specialized Courts Insert Figure 6-1: Chesterfiled County Drug Court Program

Varieties of Specialized Courts Domestic Violence Courts The failure of mandatory arrest and other intervention methods have led to the creation of domestic violence courts Dedicated Judge Resource Coordinator On-Site Victim Advocate Coordinated Community Response

Varieties of Specialized Courts Evaluations suggest domestic violence courts can gain more convictions than traditional courts Grover and colleagues concluded that the establishment of a court for domestic violence cases increased responsiveness of law enforcement Other studies are less supportive of these courts

Varieties of Specialized Courts Community Courts More general in terms of the problems they target and approaches taken Emphasize partnering and problem-solving (The Midtown Community Court) There have been few evaluations in the effectiveness of community courts, which has prompted calls for more research

Varieties of Specialized Courts Gun Courts 1994 Rhode Island creates the nation’s first gun court Wanted to ensure tough sentences were handed down and delays minimized Philadelphia opened its own gun court Focus was on educating defendants on gun safety and rapid adjudication for repeat offenders and violators of court orders

Varieties of Specialized Courts Many recently-formed gun courts focus on gun crimes committed by juveniles Most are short-term programs that augment normal juvenile court proceedings Common features include: early intervention short term and intensive programming a focus on education a collaboration of court personnel and law enforcement

Varieties of Specialized Courts Sex Offense Courts Advantageous because: they require that judges have specialized knowledge concerning sex offenses coordination between the court and other stakeholder agencies occurs victim satisfaction is improved Historically there has been a historical lack of coordination by the various officials involved in processing sex offenders

Varieties of Specialized Courts In January 2006 New York state, three counties piloted specialized sex offense courts Core elements of the courts include: Keeping victims informed Scheduling cases promptly Having dedicated, trained judges Supervising defendants continuously Coordinating with probation departments Providing court personnel and partners with education and training

Varieties of Specialized Courts Homeless Courts Used to resolve outstanding misdemeanor criminal warrants Several of the homeless are content to remain homeless and want no part of a justice system intervention Many of the homeless lack the resources to meeting the obligations associated with their criminal convictions

Varieties of Specialized Courts Mental Health Courts Intended to bring the justice and mental health agencies together to provide services for mentally ill offenders Few evaluations of mental health courts Courts in the News: Special Veterans’ Courts

Varieties of Specialized Courts Reentry Courts Do not adjudicate new offenses Provide oversight and support services to offenders reentering the community Harlem Parole Reentry Court Reentry courts are intended to pick up where parole has traditionally left off Not much research on successes or failures

Success and Failure in Specialized Courts Possible Threats A Passing Fad Various policies come and go, new research studies are published, new sources of funding emerge, etc. Changing Courts for the Worse Critics argue specialized courts have no legitimate legal foundation, are not neutral, and are unfair because treatment is threatened

Success and Failure in Specialized Courts Insufficient Judicial Buy-In While the majority of judges favor problem-solving, this does not mean they buy into the concept of specialized courts Blurred Role Distinctions Specialized courts can blur the lines between historically distinct criminal justice functions Inadequate Empirical Support Lack of research into specialized courts

Success and Failure in Specialized Courts Soft on Crime Do treatment, individualized sentences, judicial monitoring, and the like coddle offenders? Voluntary Participation Specialized courts won’t reach the offenders most in need Court Challenges People v. Avery State v. Alexander

Success and Failure in Specialized Courts Making Them Succeed Three strategies offered by the Center for Court Innovation to help promote their continued expansion and development:

Success and Failure in Specialized Courts They need to be viewed differently from traditional courts Specialized courts need to share resources with one another They need some measure of support from officials in high-level positions