Abstract
Problem-solving criminal justice is the court-based approach developed in efforts to tackle social, health and lifestyle problems linked to repeat patterns of criminal offending. Typically, these cover drug and alcohol dependence issues, mental disorder and youth and early independence vulnerabilities. This paper presents a critical analysis of three specific forms of problem-solving practiced in the English and Welsh court system – youth sentence review panels, the Family Drug and Alcohol courts and adult drugs courts. Empirical research is used to discuss the effectiveness and outcomes of these court approaches and argues r ealistic expectations in terms of what is considered ‘success’ for those attempting to become drug free, or establish conventional pathways and desist from crime, is essential. The b arriers and obstacles preventing a more extensive application of problem-solving criminal justice is also discussed, drawing on points connected to sentencing parameters, ‘political will’ and legal cultural impediments. It is suggested if problem-solving justice is to become more widely established in local and geographical areas of need, alterations are needed to the way court innovation is enabled. Specifically, closer working relations between the professional judiciary and the large body of volunteer ‘lay’ magistrates who preside over much lower criminal court judging in England and Wales is necessary.
Highlights
Introduction and paper aims and objectivesProblem-solving justice is an umbrella term given to the court-based approaches that have grown in popularity across jurisdictions since the 1980s in efforts to tackle social, health and lifestyle problems linked to repeat patterns of criminal offending
These are developed in the USA, Australia, Canada, New Zealand and the UK1 too, and are typically applied with drug and/or alcohol dependence issues, mental disorder and youth and early independence vulnerabilities
Criminal court commentators writing on problem-solving justice summarise distinct features that describe the model.[3]. These are the primary focus on supporting an offender through a tailored treatment programme; the recognition certain lifestyle problems are causally correlated with offending; multi-agency team working that bridges specialist support across health, social and welfare services; consensual decision-making whereby sentence conditions are jointly agreed between an offender and a court judge; and the role the judge plays in monitoring and appraising a person’s progress through a programme of rehabilitation
Summary
Problem-solving justice is an umbrella term given to the court-based approaches that have grown in popularity across jurisdictions since the 1980s in efforts to tackle social, health and lifestyle problems linked to repeat patterns of criminal offending. These are developed in the USA, Australia, Canada, New Zealand and the UK1 too, and are typically applied with drug and/or alcohol dependence issues, mental disorder and youth and early independence vulnerabilities. Adversarial court styles, problem-solving justice is found more effective in terms of addressing re-offending and is appraised as a ‘fair’ form of justice in the way defendants are able to engage personally and proactively in the court process and in their rehabilitation pathways.[2]. Problem-solving justice is conceived of as uniquely offender-focused with an emphasis on achieving positive results that effect recidivism reduction.[4]
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