Abstract
The problem-solving approach is not explicitly present in the Polish justice system. Various provisions required to implement it are dispersed throughout the system of law, but they are heavily underused and do not form a comprehensive system. To date, there have been virtually no efforts to concentrate resources, develop cross-sectoral partnerships and provide solutions tailored to special groups of court users; features that are hallmarks of problem-solving justice in other jurisdictions. Low and decreasing levels of crime remove pressure from legislators to seek innovative solutions. Somewhat paradoxically, given the decline of crime, the current government has been pursuing a rather restrictive sentencing policy. Nevertheless, recent reforms – of the Criminal Code in 2015, and a new 2016 law on alternative dispute resolution – promise to finally boost mediation and other problem-solving measures.
Highlights
Pressure for efficiency and financial constraints, as well as social concerns about legitimacy of the justice system and social cost of an excessively repressive sentencing policy, have led to a dynamic proliferation of problem-solving justice since the 1980s, first in the United States, and later in other jurisdictions
This paper first outlines the broader context of the Polish justice system and addresses the relative absence of the concept of problem-solving justice in the public discourse, to offer a review of those problem-solving measures that do exist in the current legal system, with particular focus on sentencing policy, mediation and alternative dispute resolution, and criminal and family law
In the absence of strictly problem-solving measures we offer this review of the current state of mediation
Summary
Pressure for efficiency and financial constraints, as well as social concerns about legitimacy of the justice system and social cost of an excessively repressive sentencing policy, have led to a dynamic proliferation of problem-solving justice since the 1980s, first in the United States, and later in other jurisdictions. While the concept of problem-solving justice is absent from the official discourse, elements of problemsolving can still be found both in the law and in court practice. To include these scattered and variegated initiatives and practices that do exist, a broad understanding of this approach is adopted here. This paper first outlines the broader context of the Polish justice system (section 2) and addresses the relative absence of the concept of problem-solving justice in the public discourse (section 3), to offer a review of those problem-solving measures that do exist in the current legal system, with particular focus on sentencing policy (section 4), mediation and alternative dispute resolution (section 5), and criminal and family law (section 6). Stanislaw Burdziej be remodelled according to the problem-solving approach (such as treatment of driving while intoxicated (DWI) offenders) are still forced upon the offenders.[3]
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