Reinventing Justice

Reinventing Justice PDF Author: James L. Nolan Jr.
Publisher: Princeton University Press
ISBN: 9780691114750
Category : Law
Languages : en
Pages : 268

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Book Description
The findings reported in this book are based upon ethnographic observations of drug courts throughout the United States and provide a glimpse into the unique character of the American drug court model, considering the qualities and consequences of this form of criminal adjudication.

Reinventing Justice

Reinventing Justice PDF Author: James L. Nolan Jr.
Publisher: Princeton University Press
ISBN: 9780691114750
Category : Law
Languages : en
Pages : 268

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Book Description
The findings reported in this book are based upon ethnographic observations of drug courts throughout the United States and provide a glimpse into the unique character of the American drug court model, considering the qualities and consequences of this form of criminal adjudication.

Drug Courts

Drug Courts PDF Author: James L. Nolan
Publisher: Transaction Publishers
ISBN: 9780202365688
Category : Law
Languages : en
Pages : 284

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Book Description
Drug courts offer offenders an intensive court-based treatment program as an alternative to the normal adjudication process. Begun in 1989, they have since spread dramatically throughout the United States. In this interdisciplinary examination of the expanding movement, a distinguished panel of legal practitioners and academics offers theoretical assessments and on-site empirical analyses of the workings of various courts in the United States, along with detailed comparisons and contrasts with related developments in Britain. Practitioners, politicians, and academics alike acknowledge the profound impact drug courts have had on the American criminal justice system. From a range of disciplinary perspectives, contributors to this volume seek to make sense of this important judicial innovation. While addressing a range of questions, Drug Courts also aims to achieve a careful balance between focused empirical studies and broader theoretical analyses of the same phenomenon. The volume maintains an analytical concentration on drug courts and on the important practical, philosophical, and jurisprudential consequences of this unique form of therapeutic jurisprudence. Drug courts depart from the practices and procedures of typical criminal courts. Prosecutors and defense counsel play much-reduced roles. Often lawyers are not even present during regular drug court sessions. Instead, the main courtroom drama is between the judge and client, both of whom speak openly and freely in the drug court setting. Often accompanying the client is a treatment provider who advises the judge and reviews the client's progress in treatment. Court sessions are characterized by expressive and sometimes tearful testimonies about the recovery process, and are often punctuated with applause from those in attendance. Taken together, the chapters provide a variety of perspectives on drug courts, and extend our knowledge of the birth and evolution of a new movement. Drug Courts is an essential reference for courses in criminology, the sociology of drugs and deviance, and the philosophy of law and punishment.

Judging Addicts

Judging Addicts PDF Author: Rebecca Tiger
Publisher: NYU Press
ISBN: 0814785964
Category : Social Science
Languages : en
Pages : 210

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Book Description
The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.

Defining Drug Courts

Defining Drug Courts PDF Author: National Association of Drug Court Professionals. Drug Court Standards Committee
Publisher:
ISBN:
Category : Drug courts
Languages : en
Pages : 40

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Book Description


Illness Or Deviance?

Illness Or Deviance? PDF Author: Jennifer Murphy
Publisher: Temple University Press
ISBN: 1439910235
Category : Law
Languages : en
Pages : 232

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Book Description
Is drug addiction a disease that can be treated, or is it a crime that should be punished? In her probing study, Illness or Deviance?, Jennifer Murphy investigates the various perspectives on addiction, and how society has myriad ways of handling it—incarcerating some drug users while putting others in treatment. Illness or Deviance? highlights the confusion and contradictions about labeling addiction. Murphy’s fieldwork in a drug court and an outpatient drug treatment facility yields fascinating insights, such as how courts and treatment centers both enforce the “disease” label of addiction, yet their management tactics overlap treatment with “therapeutic punishment.” The “addict" label is a result not just of using drugs, but also of being a part of the drug lifestyle, by selling drugs. In addition, Murphy observes that drug courts and treatment facilities benefit economically from their cooperation, creating a very powerful institutional arrangement. Murphy contextualizes her findings within theories of medical sociology as well as criminology to identify the policy implications of a medicalized view of addiction.

The Drug Court Movement

The Drug Court Movement PDF Author:
Publisher:
ISBN:
Category : Court administration
Languages : en
Pages : 2

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Book Description


The Veterans Treatment Court Movement

The Veterans Treatment Court Movement PDF Author: Anne S. Douds
Publisher: Routledge
ISBN: 0429686218
Category : Social Science
Languages : en
Pages : 211

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Book Description
The Veterans Treatment Court Movement provides a comprehensive, empirical analysis of the burgeoning veteran’s court movement from genesis through to operation, and concluding with comments on its societal relevance. Beginning with the unlikely convergence of therapeutic jurisprudence with the oft-misunderstood warrior ethos that undergirds the entire movement, the text examines every component of veterans courts, weighing the cultural, legal, and practical strengths and limitations of these programs. Each chapter assesses key components of the court, including the participants, law enforcement, judges, prosecution, defense counsel, court administration, data management, the Veterans Justice Outreach Officer (VJO), probation, mentors, and the community. The book concludes with recommendations on how these courts can further integrate with communities, maximize efficiency, and improve. The book shows how veterans courts seek to serve veterans’ legal, social, and psychological needs, and how they serve more than just offending veterans by allowing law-abiding veterans, many of whom suffered greatly when they transitioned out of military service, to exorcize their own demons and integrate their experiences into a socially recognized system of care. Incorporating program evaluation with sociological considerations, this monograph offers a comprehensive, considered examination of how – and why – these courts operate, and provides a foundation for future development. The volume provides essential background for scholars studying law and the criminal courts, as well as policymakers, judges, academics, students, and practitioners concerned with effective jurisprudence.

Discretionary Justice

Discretionary Justice PDF Author: Leslie Paik
Publisher: Rutgers University Press
ISBN: 0813550971
Category : Social Science
Languages : en
Pages : 239

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Book Description
Juvenile drug courts are on the rise in the United States, as a result of a favorable political climate and justice officials' endorsement of the therapeutic jurisprudence movement--the concept of combining therapeutic care with correctional discipline. The goal is to divert nonviolent youth drug offenders into addiction treatment instead of long-term incarceration. Discretionary Justice overviews the system, taking readers behind the scenes of the juvenile drug court. Based on fifteen months of ethnographic fieldwork and interviews at a California court, Leslie Paik explores the staff's decision-making practices in assessing the youths' cases, concentrating on the way accountability and noncompliance are assessed. Using the concept of "workability," Paik demonstrates how compliance, and what is seen by staff as "noncompliance," are the constructed results of staff decisions, fluctuating budgets, and sometimes questionable drug test results. While these courts largely focus on holding youths responsible for their actions, this book underscores the social factors that shape how staff members view progress in the court. Paik also emphasizes the perspectives of children and parents. Given the growing emphasis on individual responsibility in other settings, such as schools and public welfare agencies, Paik's findings are relevant outside the juvenile justice system.

Therapeutic Jurisprudence Applied

Therapeutic Jurisprudence Applied PDF Author: Bruce J. Winick
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 440

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Book Description
A sensitive policy analysis of law should seek to measure and weigh all of the costs and benefits of legal rules. This book suggests ways in which mental health law can be reshaped -- not only to protect the legal rights of patients, but also to improve their mental health. "[A] lesson on where and how to focus the therapeutic jurisprudence lens so that the concept generates original and fruitful ideas." -- Thomas Grisso, Ph.D., University of Massachusetts, Department of Psychiatry "[The chapters] demonstrate that therapeutic jurisprudence provides a remarkable number of new insights into mental disability law... Litigators, scholars, policy makers, and mental disability professionals all owe Professor Winick a tremendous debt for the thoughtful, original, and provocative work that he has done." -- Michael L. Perlin, New York Law School "For novices in the field, it is an exciting view of a difficult corner of the law. For those who have spent their careers in the area, this work is both eye-opening and rejuvenating." -- Christopher Slobogin, University of Florida College of Law

Drug Courts and the Criminal Justice System

Drug Courts and the Criminal Justice System PDF Author: Deborah Koetzle
Publisher: Lynne Rienner Publishers
ISBN: 9781626376977
Category : Criminal justice, Administration of
Languages : en
Pages : 227

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Book Description
Drug courts - a rare success story in the criminal justice system - are generally credited with reducing recidivism and providing a lower-cost alternative to incarceration. They have also spawned the development of other specialty courts. The authors of Drug Courts and the Criminal Justice System provide a comprehensive analysis of just how drug courts work, systematically examining the model and exploring its broader significance.