‘A Problem Shared...?’ Some Reflections on Problem Solving Courts and Court Innovation in Australia (original) (raw)

Are Problem-Solving Courts the Way Forward for Justice?

Problem-solving courts are not a new innovation, but their use and implementation appears to be growing across a number of jurisdictions, including the UK. This development suggests there is belief in the ‘therapeutic jurisprudence’ approach that underpins this style of criminal court adjudication; moreover their growth fits within the discourse which points out traditional criminal justice mechanisms too often leave the offender out as an uninvolved actor in the process (Nolan, 2001; Berman and Fox, 2009; Braithwaite, 1989). Processes that draw people in more closely, making them accountable for their actions, and playing an active role in their rehabilitation are more likely to achieve success at reducing reoffending and assisting people to live altered and reformed lives (Hoyle, 2012). This working paper provides some background detail on problem-solving courts and the central guiding principle of therapeutic jurisprudence, and argues court structures that assist people to construct positive self-identities and reintegrate into purposeful lives, and which empower people to play a role in their rehabilitation demonstrate a criminal justice model that has well-being at its core, and puts a human face to the delivery of justice.

Beyond the Revolving Court Door. Is it Time for Problem-Solving Courts?

Scottish Justice Matters

Is it time for a radical re-think in the way in which the justice system deals with offenders? Are there better and more constructive ways of dealing with the problem of offending at its roots, or, are we stuck with a revolving door of re-offending? The 2012 Report of the Commission on Women Offenders recommended a pilot ‘Problem-Solving Court’ (PSC) for ‘repeat offenders with multiple and complex needs who commit lower level crimes.’ That recommendation, accepted by the Scottish Government, was followed by the visit of three senior PSC judges from the USA who gave a public lecture at Strathclyde University and had discussions with the Justice Secretary, senior officials, members of the judiciary and others.

Keeping it in the Neighbourhood? Neighbourhood Courts in the Australian Context

2019

The first Neighbourhood Justice Centre has recently been set up in Australia and forms part of a worldwide neighbourhood justice movement which focuses upon local justice solutions. These models are based around community courts operating as part of broader justice initiatives which reposition the relationship between the community and the justice system. This article explores the drivers of neighbourhood court solutions and systemic issues which may impact upon the success of these community court models.

The Future of Problem-Solving Courts: Inside the Courts and Beyond

University of Maryland Law Journal of Race Religion Gender and Class, 2013

I. INTRODUCTION I appreciate the invitation from the University of Maryland School of Law to participate in this Symposium on problem-solving courts and thank the faculty and student organizers of the University of Maryland Law Journal of Race, Religion, Gender and Class for arranging the event and for their warm hospitality. Through my participation in the Symposium and the conversations I had with other Symposium participants, I have refined my thinking about problemsolving courts, the problems which find their way into these courts, and the goals of such courts in implementing remedial solutions to social problems. I have increasingly come to value community-based approaches to many of the issues addressed in problem-solving courts. Such strategies reflect that seeking recourse in the formal criminal justice system should, whenever possible, be a measure of "last resort."' This Article considers my experiences conducting field research in a variety of problem-solving courts across southern California and the implications of my observations for understanding how problem-solving courts may improve in the future, including how problem-solving efforts outside the courts can be expanded. On a micro-analytic level, I have found that not all problemsolving courts or judges are alike and that some practices and courts seem to work better than others. It is thus useful to ground our understanding of "what works" in problem-solving courts in large part on close observations, detailed descriptions, and systematic analysis of the actual day-today happenings "inside" specific problem-solving courts in local jurisdictions. 2 On a macro-analytic level, the operation of the entire criminal justice system, not just the courts, must be considered (e.g., criminalization of "offenses," policing practices, and

The Problem of Problem-Solving Courts

SSRN Electronic Journal, 2019

The creation of a specialized, "problem-solving" court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively-at least according to their many proponents, who celebrate them as an example of a successful "evidence-based," data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist? This Article seeks to answer that question by scrutinizing the role of judges in creating and sustaining the problem-solving court movement. It contends problem-solving courts do effectively address a problem-it is just not the one we think. It argues that these courts revive a sense of purpose and authority for judges in an era marked by diminishing judicial power. Moreover, it demonstrates that the courts have developed and proliferated relatively free from objective oversight. Together, these new insights help explain why the problem-solving court model endures. They also reveal a new problem with the model itself-its entrenchment creates resistance to alternatives that might truly reform or transform the system.

Community Justice Courts a New Approach: Community Engagement and Problem Solving

In recent years a number of changes have emerged in terms of the way in which 'justice' is approached. This has particularly been evidenced by the national drive towards more community justice orientated initiatives. Community involvement is increasingly being championed as the way forward for criminal justice policy especially in response to AntiSocial Behaviour (ASB) and with the emergence of the Community Justice Court. Community Justice Courts represent a radical development for criminal justice policy within the UK, a development which has been significantly influenced by the much vaunted success of the Red Hook Community Justice Centre in the US. The extent to which these courts are truly effective at delivering a form of community orientated justice, and, how they differ from traditional practice, is yet to be seen within the UK. This paper reviews the emergence of Community Justice Courts in connection with ASB policy and the consequent shifts in the Community Justice Approach in the UK. It then provides an illustration of the framework for my doctoral research by unpacking two key issues which distinguish these courts from the more traditional approaches to justice, namely, community engagement and problem solving.

Transforming court governance in Victoria

2017

This thesis by publication analyses the emergence of independent judicial councils and their role in facilitating judicial control of court administration in Australia, Canada, Ireland, the Netherlands, Sweden, the UK, the USA and other countries. While much research has been conducted into the relative merits of judicial control of court administration, the thesis extends the court governance literature by developing an analytical policy framework for a model Judicial Council of Victoria with broad statutory responsibility for improving the quality of justice in the court system. The thesis then applies the proposed analytical model to assess the legal and institutional framework of Court Services Victoria (‘CSV’), which was established in 2014 in order to transfer the responsibility for court administration from the executive government to the judiciary. The thesis argues that an independent judicial council, such as CSV, requires a strong developmental mandate to assist the court...