A proplem of problem sloving courts
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A proplem of problem sloving courts
The Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (h A proplem of problem sloving courts hat 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 reducbig recidivism and saving money. And they do so effectively — at least according to their many proponents, who A proplem of problem sloving courts celebrate them as an example of a successful "evidence-based," data-driven reform. But the actual data on their efficacy Is underwhelming, inconclusivA proplem of problem sloving courts
e, or altogether lacking. So why do they persist?This Article seeks to answer that question by scrutinizing the role of judges in creating and sustainThe Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (h A proplem of problem sloving courts es 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 A proplem of problem sloving courts court model endures. They also reveal a new problem with the model itself — its entrenchment creates resistance to alternatives that might truly reforA proplem of problem sloving courts
m or transform the system.’ Copyright Ô 2021 I rin R. Collins. Associate Professor, University of Richmond School of Law. Many thanks to Rachel BarkowThe Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (h A proplem of problem sloving courts , Kay Levine, Luke Norris. William Oilman, Shaun Ossei-Owusu, Michael Pappas, Michael Pollack. Jocelyn Simonson, Allison Fail, Ron Wright, the University of Maryland Francis King Carey School of law faculty, and participants of the CrirnFest Conference, the Neighboihood Criminal Justice Roundtable, A proplem of problem sloving courts the Southeastern Association of law Schools Conference, and the University of Richmond Junior I acuity Forum for their helpful comments and conversatiA proplem of problem sloving courts
ons. And thank you to Danny Zemel for his thorough research assistance. Finally, thank you to the Criminal Justice Section of the Association of AmeriThe Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (h A proplem of problem sloving courts ersity of California, Davis [Vol. 54:1573Table or CONTENTSINTRODUCTION................................................1575I.Problemat IZING PROBLEM-SOLVING Courts...............1582A.Recounting the Traditional Origin Story...........1582B.Correcting the Traditional Origin Story...........1586II.Judg A proplem of problem sloving courts ing Problem-Solving Courts.......................1591A.Reclaiming Courts.................................1591B.Building a Problem-Solving Court EmpireA proplem of problem sloving courts
...........1595c. Enabling Problem-Solving Courts....................16011Authorization.................................16032Affirmation..............The Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (h A proplem of problem sloving courts Success...............................16102Excusing Failures.............................1614B.Resisting Reform..................................16161Institutionalizing Assumptions................16162Opposing Alternatives.........................1620Conclusion............7.......................... A proplem of problem sloving courts ...........1629Electronic copy available at. https://ssm.com/abstract=349200320211The Problem of Problem -Solving Courts1575INTRODUGI IONA common respA proplem of problem sloving courts
onse Io the persislenl problem of I he overburdened criminal court system is to create a specialized, or "problem solving."1 2 3 * conn to locus on a The Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (h A proplem of problem sloving courts em-solving court movement has gained tremendous momentum. There are now more than 4,000 specialized courts throughout the country dedicated to an ever-expanding roster of issues, which currently includes mental health courts, veterans courts, human trafficking courts, re-entry courts, and opioid int A proplem of problem sloving courts ervention courts, along with many others? And while this reform method emerged its a state-court innovation, there is growing interest in expanding itA proplem of problem sloving courts
s presence in the federal arena. I or example, the President's Commission on Combatting Drug Addiction and the Opioid Crisis recommended in 2017 that The Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (h A proplem of problem sloving courts I is itself problematic. .See l-.i in R. Collins, Status Courts, IỪ5 Geo. t.J. 1481 1483 11 1 (2017) (hereinafter Status Courts] (summarizing uniques). However, I will use that lent! in this Article, as it is the term tliat is most commonly used tn the relevant literature. I will also interchangeabl A proplem of problem sloving courts y use the term “specialized" or "specialty" coun.2Some scholars have suggested juvenile courts were the first "problem-solving" court. See id. at 1496A proplem of problem sloving courts
; see, eg.. Jane M. Spinak, Romancing the Court, 46 Fam. Ct. Rlv. 258. 259 (2008) (identifying family conn as the “paradigmatic problem-solving court"The Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (h A proplem of problem sloving courts forerunner of... specialized Iproblcm-solvingl courts’). See generally Collins. Status Courts, supra note 1. at 1520 (discussing connection between juvenile courts and problem-solving courts).3As ol January 2020. there were more than .3.000 drug courts. Sec U.S. Due'I Di JusiK.L. Drug Courin 1 (2020 A proplem of problem sloving courts ). htips7/www.nc|rs.gov/pdlhlcsl/nt|/2.38527.pdl|https;//pcrma.cc/67XN-KNSK|. As of December 31. 2014. there were 1.311 problemsolving courts other thA proplem of problem sloving courts
an drug courts. See Douglas B. Marlowl. Carolyn D. Hardin & Garson L Fox. Nai l Drug Gouri 1NM., Painiing IIIL C.URRLM Piciurl: a Naiional RLrORl on DThe Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (h A proplem of problem sloving courts lnre 2UI6 pdf [bllpsV/perrna CC/7V6I NTMA); I'ltMrm Solving Courts, NsTr INST. JOST (Feb 20, 2020), hllps77wwwnij gov/lopfcskiiiirls/page.s/sprrialirrd courls.aspx |hllps7/permaA proplem of problem sloving courts
com/abstract=3492003The Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (hThe Problem of Problem-Solving CourtsErin R. Collins'rhe creation of a specialized. “problem-solving" court is (I ubiquitous response to the issues (hGọi ngay
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