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Date: April 30, 2024 Tue
Time: 12:55 am
Time: 12:55 am
Results for problem-oriented courts (australia)
2 results foundAuthor: Blagg, Harry Title: Problem-Oriented Courts Summary: This paper addresses a number of issues linked to the emergence of problem-oriented courts. Problem-oriented courts form part of an emerging judicial sphere where the traditional focus on legal process is balanced with concern for therapeutic outcomes. Expressed simply, problem-oriented courts seek to use the authority and structure of the courts to further therapeutic goals and enhance the performance of agencies involved in delivering court mandated services. Problem-oriented courts attempt to facilitate a team approach and encourage close collaboration between agencies involved in the justice process. The problem-oriented court acts as the ‘hub’ connecting various ‘spokes’, such as drug and alcohol treatment agencies, community based corrections, probation services and domestic violence agencies, forming a holistic and integrated approach. This approach encourages magistrates and judges to take a pro-active and overtly leading role in the creation of better, well coordinated services for clients. Supporters of problem-oriented courts maintain that such courts sit outside the traditional punishment paradigm, being more concerned with treatment and rehabilitation outcomes. The orientation of the court is neatly encapsulated in the notion of ‘forward looking’ as opposed to ‘backward looking’ forms of justice – that is, sentencing practices should be geared towards encouraging positive future behaviour rather then simply punishing past actions. The future impact of problem-oriented courts on the ways the criminal justice as a whole deals with offending linked to issues such as drug and alcohol use, mental health, homelessness and social exclusion could prove to be far reaching. Moreover the problem-oriented approach – and the philosophies of therapeutic jurisprudence and, to a lesser extent, restorative justice that inform the approach – may influence the orientation of mainstream courts. The approach is largely in its infancy in Australia. There is no settled theory (although a number of theories vie for relevance) and no unified template describing how a problem-oriented court should operate. Working practices vary according to the nature of the problem the court has been developed to deal with. The long-term benefits of the problem-oriented approach and its implications for the criminal justice system remain the subject of debate, both within the judiciary and within the network of agencies a problem-oriented approach binds together to work collectively on a particular problem. Problem-oriented courts can include community or neighbourhood courts, family and domestic violence courts, mental health courts, drug courts and alcohol courts. However, the problem-oriented approach is also being used by some magistrates in general courts when dealing with particular groups of offenders. This is particularly the case where a magistrate’s court has become the site for specialist treatment and diversionary services, such as Western Australia’s courtbased drug diversion initiatives. This paper excludes discussion of Aboriginal Courts which have been extensively considered by the Law Reform Commission as part of its Aboriginal Customary Law Project. Problem-oriented courts have not emerged in a vacuum, but in response to the challenges posed by a number of seemingly intractable urban social problems (drug use, alcohol, family and domestic violence, mental illness, anti-social behaviour, fear of crime, and problems associated with ‘hyper-marginalised’ groups) apparently impervious to traditional remedies and solutions. They also reflect frustration with the often fragmented and ad hoc response of traditional justice structures, cultures and processes. Some courts, such as community or neighbourhood courts, have emerged in response to claims that the courts are out of touch with the concerns of local communities and have been mandated to directly involve local people in the delivery of justice. Problem-oriented courts have been influenced by the philosophies of restorative justice and therapeutic jurisprudence. While, as will be demonstrated later, the two philosophies cannot simply be collapsed together, they do share a common commitment to ‘humanising’ the justice process, closely integrating concerns for individual and social change into the legal process, and providing ‘forward looking’ rather than ‘backward looking’ justice outcomes. This latter concern in particular represents a paradigm shift in the way justice is conceived: less concerned with simply judging past actions than with affecting change in individuals and social contexts to ensure crime and victimisation is prevented in the future. Besides the various philosophies vying for influence in the courts, the problem-oriented court has become the site for new hybrid techniques for engaging with the needs and problems of offenders. Since the focus of problem-oriented courts extends beyond applying the law, there is a need for behavioural techniques and treatments suited to the new environment. Intervention techniques such as motivational interviewing and brief interventions, discussed later, borrowed from addiction counselling, are emerging as intervention tools within problem-oriented courts because they claim positive results within a short timeframe. Problem-oriented courts are not simply a new type of specialist court. Details: Perth: Law Reform Commission of Western Australia, 2008. 30p. Source: Internet Resource: Project 96: Accessed July 7, 2011 at: http://www.lrc.justice.wa.gov.au/2publications/reports/P96-BlaggRP.pdf Year: 2008 Country: Australia URL: http://www.lrc.justice.wa.gov.au/2publications/reports/P96-BlaggRP.pdf Shelf Number: 121998 Keywords: Domestic Violence CourtsDrug CourtsMental Health CourtsProblem-Oriented Courts (Australia)Sentencing |
Author: Western Australia. Law Reform Commission Title: Court Intervention Programs: Final Report Summary: This final report is divided into six chapters. Chapter One explains the Commission’s approach to reform, in particular, the need for legislative and policy reform to support the continued operation of court intervention programs and the Commission’s guiding principles for reform. Chapter Two (which contains the majority of the Commission’s recommendations) deals with the legal and policy issues that are relevant to all court intervention programs. Specific recommendations dealing with court intervention programs addressing drug and alcohol dependency are discussed in Chapter Three. Chapter Four considers recommendations in relation to mental impairment court intervention programs and Chapter Five considers recommendations in relation to family violence court intervention programs. Finally, recommendations in relation to general court intervention programs are contained in Chapter Six. The Final Report is intended to be read in conjunction with the Commission’s Consultation Paper, which describes how various court intervention programs operate and provides the research and analysis that support the Commission’s final recommendations. In order to avoid unnecessary duplication, the Final Report sets out the Commission’s conclusions and fi nal recommendations without repeating all of the descriptive material in the Consultation Paper. The Commission has made a total of 37 recommendations for reform in this Final Report. A list of recommendations is contained in Appendix A. For ease of reference, a list of recommendations that require legislative amendment is set out in Appendix B. Details: Perth: Law Reform Commission of Western Australia, 2009. 152p. Source: Internet Resource: Project No. 96: Accessed July 7, 2011 at: http://www.lrc.justice.wa.gov.au/2publications/reports/P96-FR.pdf Year: 2009 Country: Australia URL: http://www.lrc.justice.wa.gov.au/2publications/reports/P96-FR.pdf Shelf Number: 121999 Keywords: Court ReformDomestic Violence CourtsDrug CourtsMental Health CourtsProblem-Oriented Courts (Australia)Sentencing |