cj 220 chapter 3 the courts and community justice © 2011 todd r. clear, john r. hamilton, jr and...

CJ 220CJ 220

Chapter 3Chapter 3

The Courts and Community JusticeThe Courts and Community Justice

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

IntroductionIntroduction

Of the three parts of the CJ system, the courts has Of the three parts of the CJ system, the courts has the furthest conceptual distance to travel to the furthest conceptual distance to travel to become community orientedbecome community oriented

Some of this may be attributed to the fact that the Some of this may be attributed to the fact that the subject matter of the courts is criminal matters and subject matter of the courts is criminal matters and not problem places not problem places

Other reasons have to do with the way courts workOther reasons have to do with the way courts work They process defendants through what appears to be an They process defendants through what appears to be an

impersonal assembly line of decisionsimpersonal assembly line of decisions They maintain the traditional values of detachment and They maintain the traditional values of detachment and

impartiality, which tend to disconnect judges and lawyers impartiality, which tend to disconnect judges and lawyers from their clients and their communities from their clients and their communities


IntroductionIntroduction

Over the past few years, courts have Over the past few years, courts have been involved with some interesting been involved with some interesting experimentation with community experimentation with community justice concepts and strategiesjustice concepts and strategies

Much of the experimentation has Much of the experimentation has involved the structure of the courts involved the structure of the courts and the use of community-based and the use of community-based courtscourts


Criminal Cases, Communities, Criminal Cases, Communities, and Courtsand Courts

The subject matter of the criminal courts is The subject matter of the criminal courts is criminal cases, not communities, and this has criminal cases, not communities, and this has been one of the impediments to the been one of the impediments to the implementation of community justice implementation of community justice conceptsconcepts

Courts are traditionally insulated from outside Courts are traditionally insulated from outside forces, and emphasis is given to creating an forces, and emphasis is given to creating an environment where professionally trained environment where professionally trained lawyers can use their training and skills in a lawyers can use their training and skills in a formal setting to create outcomes that the formal setting to create outcomes that the public sees as justpublic sees as just



The image of an independent, detached The image of an independent, detached judiciary is very traditional, and it has operated judiciary is very traditional, and it has operated as a counterforce to community justice thinkingas a counterforce to community justice thinking Whereas the traditional view of the courts is that Whereas the traditional view of the courts is that

they are stately and detached, community justice is they are stately and detached, community justice is seen as informal and involvedseen as informal and involved

Whereas traditional court procedures are dominated Whereas traditional court procedures are dominated by professionals with everyday citizens silent, by professionals with everyday citizens silent, community justice is open to the views of citizens community justice is open to the views of citizens and the participation of persons who are not lawyers and the participation of persons who are not lawyers



Traditional courts serve legal jurisdictions Traditional courts serve legal jurisdictions while community justice devotes its while community justice devotes its attention to a particular place, such as a attention to a particular place, such as a neighborhood, that is part of a legal neighborhood, that is part of a legal jurisdictionjurisdiction

Courts give high premium to the concept of Courts give high premium to the concept of equal justice under law while community equal justice under law while community justice accepts the importance of equal justice accepts the importance of equal justice but sees within that idea a broad justice but sees within that idea a broad range of flexibility to tailor legal strategies range of flexibility to tailor legal strategies to fit the particular circumstances of the to fit the particular circumstances of the communities affected by the law communities affected by the law



Today’s court innovators are successfully creating Today’s court innovators are successfully creating strategies that embrace the new court’s concerns strategies that embrace the new court’s concerns without violating its traditional valueswithout violating its traditional values

Court reformers have worked on rebuilding court Court reformers have worked on rebuilding court processes, procedures, and jurisdictions so that processes, procedures, and jurisdictions so that community-oriented values can emerge within community-oriented values can emerge within the broader context of individual protectionsthe broader context of individual protections

Courts still apply the law from a larger political Courts still apply the law from a larger political jurisdiction to individual criminal cases, but jurisdiction to individual criminal cases, but community-oriented courts do this in a way that community-oriented courts do this in a way that takes into account the need for community takes into account the need for community justice in the way these decisions are produced justice in the way these decisions are produced and carried outand carried out


The Two Functions of Criminal The Two Functions of Criminal CourtsCourts

Courts have two main responsibilitiesCourts have two main responsibilities Adjudicate disputesAdjudicate disputes Determine sanctions in cases that have Determine sanctions in cases that have

been adjudicatedbeen adjudicated Two underlying areas of core valuesTwo underlying areas of core values

Justice – concerned with outcomesJustice – concerned with outcomes Rights – concerned with procedures Rights – concerned with procedures



AdjudicationAdjudication SanctioningSanctioning

Concern that the Concern that the defendant receives defendant receives due process under due process under the law and that the the law and that the innocent are not innocent are not mistakenly found mistakenly found guiltyguilty

Concern that the Concern that the “punishment fits the “punishment fits the crime” and is equally crime” and is equally applied in like casesapplied in like cases

Concern that the Concern that the guilty are not guilty are not mistakenly mistakenly exoneratedexonerated

Concern that the Concern that the sanctions take sanctions take differing differing circumstances into circumstances into account and are not account and are not counterproductivecounterproductive

Rights

Justice



Adjudication of complaintsAdjudication of complaints Brings about a dispute between citizens and Brings about a dispute between citizens and

the statethe state The dispute is whether or not the defendant may The dispute is whether or not the defendant may

be sanctioned for the alleged conductbe sanctioned for the alleged conduct Two types of unjust outcomes are possible Two types of unjust outcomes are possible

in adjudicationin adjudication An innocent person is mistakenly found guiltyAn innocent person is mistakenly found guilty The case against a person who committed a The case against a person who committed a

crime is not proven and the verdict is “not crime is not proven and the verdict is “not guilty”guilty”



The adjudication function seems to place The adjudication function seems to place a higher value on rights, especially the a higher value on rights, especially the defendant’s rights, than on justicedefendant’s rights, than on justice

Community justice advocates do not view Community justice advocates do not view the adjudication function as a contestthe adjudication function as a contest They want a better balance between a They want a better balance between a

concern for rights and a belief in outcomes concern for rights and a belief in outcomes that are justthat are just



Sanctioning wrongdoersSanctioning wrongdoers For those who are found guilty, the courts must For those who are found guilty, the courts must

determine the appropriate sanctiondetermine the appropriate sanction ““appropriate” is difficultappropriate” is difficult

When it comes to imposing a sanction, the When it comes to imposing a sanction, the concern for an outcome that is just rises in concern for an outcome that is just rises in importance, and the prominence of rights importance, and the prominence of rights is diminishedis diminished

Whereas adjudication is about a process of Whereas adjudication is about a process of law, sanctioning is about determining the law, sanctioning is about determining the right legal outcome of that process right legal outcome of that process



What is the proper outcome the sanction What is the proper outcome the sanction should achieve?should achieve? Punishment?Punishment? Rehabilitation and incapacitation?Rehabilitation and incapacitation?

Many voices speak opinionsMany voices speak opinions OffenderOffender VictimVictim ProsecutorProsecutor Expert witnesses, such as psychiatrists and Expert witnesses, such as psychiatrists and

psychologistspsychologists



Whatever penalty is selected must Whatever penalty is selected must conform to the requirements of the conform to the requirements of the law, and some choices are not in a law, and some choices are not in a given penal codegiven penal code

New sentencing guidelines have New sentencing guidelines have limited the latitude judges have in limited the latitude judges have in sanctioningsanctioning



Community justice challenges the Community justice challenges the sanctioning function of the court in two wayssanctioning function of the court in two ways Those who advocate community-oriented Those who advocate community-oriented

penalties tend to desire a broader array of penalties tend to desire a broader array of possible case outcomes than are now available possible case outcomes than are now available to judgesto judges

They approve of sanctioning that is based partly on the They approve of sanctioning that is based partly on the crime, but also very much on the circumstances of the crime, but also very much on the circumstances of the offenderoffender

Also call for a sentence that takes into account the Also call for a sentence that takes into account the desire of the community for a long term investment in desire of the community for a long term investment in public safety public safety



Advocates also give very high priority to Advocates also give very high priority to what is thought of as “voice”what is thought of as “voice”

Victim, offender, and community ought to Victim, offender, and community ought to discuss desired best outcome of the sanction, discuss desired best outcome of the sanction, once it is selectedonce it is selected

Believe sentence should not be “imposed” by Believe sentence should not be “imposed” by a judge who is remote to the circumstances of a judge who is remote to the circumstances of the case; rather, penalty is determined in the case; rather, penalty is determined in interaction with those who were affected by interaction with those who were affected by the crime – including the offenderthe crime – including the offender


How Courts Work TodayHow Courts Work Today

Caseload pressureCaseload pressure – number of cases to be – number of cases to be processed by the courts has grown without a processed by the courts has grown without a commensurate increase in the number of judges, commensurate increase in the number of judges, prosecutors, and defendersprosecutors, and defenders

InformalityInformality Jury trials not necessary in many cases because the Jury trials not necessary in many cases because the

factual guilt of the defendant is not often in questionfactual guilt of the defendant is not often in question In these cases defendants have less a stake in In these cases defendants have less a stake in

adjudication than the eventual sanction to be imposedadjudication than the eventual sanction to be imposed Rather than simply leave the sanction up to the judge, it Rather than simply leave the sanction up to the judge, it

is thought better for the state and the defendant to is thought better for the state and the defendant to reach a general agreement about a sanction acceptable reach a general agreement about a sanction acceptable to both parties to both parties



ExchangeExchange Each party has something to offer the other in the Each party has something to offer the other in the

process of negotiating a case outcomeprocess of negotiating a case outcome Stages in decision makingStages in decision making

Stages leading up to the actual trial provide Stages leading up to the actual trial provide opportunities for parties to work out agreements prior to opportunities for parties to work out agreements prior to the involvement of the judgethe involvement of the judge

Each stage accelerates the pressure on the parties to Each stage accelerates the pressure on the parties to work out a non-jury decision, and each stage offers a work out a non-jury decision, and each stage offers a new opportunity to discuss a way to make a non-jury new opportunity to discuss a way to make a non-jury agreement workagreement work

What do you think about these suggested What do you think about these suggested processes?processes?



Critics of the community justice model Critics of the community justice model argue that a defendant’s rights are argue that a defendant’s rights are imperiled by the informality of decision imperiled by the informality of decision making in community-oriented courts, and making in community-oriented courts, and the basic protections of the law are lostthe basic protections of the law are lost They also say the negotiated decision making They also say the negotiated decision making

results in compromises that detract from the results in compromises that detract from the symbolic importance of the formal criminal lawsymbolic importance of the formal criminal law

There is also a concern that too much There is also a concern that too much discretion will lead to sanctions in a community discretion will lead to sanctions in a community justice framework that suffer from extensive justice framework that suffer from extensive sentencing disparity sentencing disparity


The Victims of CrimeThe Victims of Crime

Increasing importance has been Increasing importance has been placed on the victims of crimeplaced on the victims of crime Two formsTwo forms

Strong pressure to increase severity of the Strong pressure to increase severity of the sanctions in the belief that tougher penalties sanctions in the belief that tougher penalties show respect for the impact of the crime on show respect for the impact of the crime on the victimthe victim

Pressure to listen more to victims regarding Pressure to listen more to victims regarding the way cases are handledthe way cases are handled



More aggressive stances have let victims More aggressive stances have let victims have a say about the cases at every stagehave a say about the cases at every stage

Studies of victims of crime find they differ in Studies of victims of crime find they differ in their needstheir needs Some want revenge while others want Some want revenge while others want

restitutionrestitution Some want to meet the offender while others do Some want to meet the offender while others do

notnot Some care about offender rehabilitation while Some care about offender rehabilitation while

others do notothers do not© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora


Almost all victims want to be able to speak on Almost all victims want to be able to speak on their own behalf, and being able to give voice to their own behalf, and being able to give voice to their experiences in the formal justice process is their experiences in the formal justice process is often an important part of recovery from crimeoften an important part of recovery from crime

Almost all victims think that some form of Almost all victims think that some form of punishment is called for to bring the case to punishment is called for to bring the case to closureclosure

The increasing role of the crime victim in the The increasing role of the crime victim in the justice system is a critical development in the justice system is a critical development in the advent of community justice, because those who advent of community justice, because those who believe in community justice have had to invent believe in community justice have had to invent new ways to incorporate victim sentiments and new ways to incorporate victim sentiments and interests into the community justice ethic interests into the community justice ethic



Many federal and state courts now employ Many federal and state courts now employ victim advocatesvictim advocates These victim advocates are helpful not only to These victim advocates are helpful not only to

primary victims, but to secondary victims as wellprimary victims, but to secondary victims as well Victim advocates can explain technical court Victim advocates can explain technical court

processes and arcane language to victimsprocesses and arcane language to victims In some jurisdictions prosecutors are In some jurisdictions prosecutors are

consulting with victim about prosecution consulting with victim about prosecution issues and consulting with them about the issues and consulting with them about the filing of chargesfiling of charges


The Community CourtThe Community Court

Judges lived in the immediate Judges lived in the immediate communities, knew many of the communities, knew many of the residents, and had a sense of the residents, and had a sense of the values the community heldvalues the community held This was also a weaknessThis was also a weakness

If you were not seen as a legitimate part of If you were not seen as a legitimate part of the community, you might have had a little the community, you might have had a little trouble getting justicetrouble getting justice



This concern fueled a belief that the This concern fueled a belief that the work of the courts was a professional work of the courts was a professional task requiring technical skillstask requiring technical skills

Another concern came from the Another concern came from the sense that “amateur” justice was sense that “amateur” justice was inadequate, often stemming from a inadequate, often stemming from a faulty understanding of the law and a faulty understanding of the law and a parochial application of its principlesparochial application of its principles



There was also a concern for equality There was also a concern for equality in punishmentsin punishments

The way people describe the mission The way people describe the mission of the community court places its of the community court places its relevance directly within the troubled relevance directly within the troubled neighborhoods in our densely neighborhoods in our densely populated urban areaspopulated urban areas



The breakthrough example was the Midtown The breakthrough example was the Midtown Community Court in New York City developed in Community Court in New York City developed in 19931993 It was the brainchild of the midtown Business It was the brainchild of the midtown Business

Improvement District, a coalition of businesses, Improvement District, a coalition of businesses, prominent residents, and social services operating in prominent residents, and social services operating in Times SquareTimes Square

Behavior by disagreeable visitors had become a Behavior by disagreeable visitors had become a serious concern: drunken and disorderly, they serious concern: drunken and disorderly, they would urinate in the streets and alleys, openly would urinate in the streets and alleys, openly solicit prostitutes, get in fights with each other, solicit prostitutes, get in fights with each other, and engage in other loud and rowdy activity and engage in other loud and rowdy activity



One of the problems was that the One of the problems was that the criminal justice system was largely criminal justice system was largely unresponsiveunresponsive Arrests would be made but perpetrators Arrests would be made but perpetrators

would spend a night in a holding cell would spend a night in a holding cell before being releasedbefore being released

They would then return and repeat the They would then return and repeat the undesirable behaviorundesirable behavior



The new strategy developed by the BID did The new strategy developed by the BID did not propose offenders be taken elsewhere not propose offenders be taken elsewhere to be processed by the courts who had no to be processed by the courts who had no accountability to the Midtown communityaccountability to the Midtown community Instead they would be booked, arraigned, and Instead they would be booked, arraigned, and

adjudicated by locally by the Midtown adjudicated by locally by the Midtown Community CourtCommunity Court

The cases would be handled locally as well as The cases would be handled locally as well as sanctioned locallysanctioned locally

Sanctions would include requirements of public Sanctions would include requirements of public service and offenders would also be placed in service and offenders would also be placed in court-administered treatment programs court-administered treatment programs



The Midtown Community Court is not The Midtown Community Court is not without criticswithout critics Some argued that merely locating social Some argued that merely locating social

services within the courthouse merely serves services within the courthouse merely serves to strengthen judicial institutions at the to strengthen judicial institutions at the expense of the community institutions the expense of the community institutions the court was created to helpcourt was created to help

Since they tend to target low-level offenders, Since they tend to target low-level offenders, the courts are also subject to the charge that the courts are also subject to the charge that they engage in “net-widening” activitythey engage in “net-widening” activity

May make criminals out of people who may never May make criminals out of people who may never have contact with the CJ system and could be better have contact with the CJ system and could be better handled with more informal methodshandled with more informal methods


Community-Oriented Court Community-Oriented Court FunctionsFunctions

Community-Oriented Adjudication Community-Oriented Adjudication consists of three roles: prosecution, consists of three roles: prosecution, defense, and judiciarydefense, and judiciary

Community prosecutionCommunity prosecution Multnomah County (OR) set up a district Multnomah County (OR) set up a district

attorney branch in the Lloyd District attorney branch in the Lloyd District neighborhoodneighborhood

The ADA assigned there would handle all The ADA assigned there would handle all cases emanating from that neighborhoodcases emanating from that neighborhood



The result was the development of new, The result was the development of new, productive relationships between the productive relationships between the prosecutor and the citizenryprosecutor and the citizenry

The prosecutorial duties changed as The prosecutorial duties changed as well.well. Where most of the time the emphasis was Where most of the time the emphasis was

on serious felony crimes, the neighborhood on serious felony crimes, the neighborhood ADA found that the residents were more ADA found that the residents were more concerned about addressing the problems concerned about addressing the problems that damaged their neighborhoodthat damaged their neighborhood



Other jurisdictions have taken the Other jurisdictions have taken the same action with similar resultssame action with similar results Whenever a centralized prosecution Whenever a centralized prosecution

service has opened up specialized offices service has opened up specialized offices to serve a particular, troubled location, to serve a particular, troubled location, there has been an increase in citizen there has been an increase in citizen confidence in the prosecutor’s activity, confidence in the prosecutor’s activity, and there has been a shift in that and there has been a shift in that activity to better match the needs and activity to better match the needs and desires of the citizenry who live there desires of the citizenry who live there



Problems may also arise with this method of Problems may also arise with this method of prosecutionprosecution Community prosecutors must be careful to maintain Community prosecutors must be careful to maintain

a professional relationship with the community and a professional relationship with the community and not become co-opted by the community groupnot become co-opted by the community group

Community prosecutors must also be careful about Community prosecutors must also be careful about burnout due to the multiple and varied problems burnout due to the multiple and varied problems that prosecutors may find themselves taking onthat prosecutors may find themselves taking on

Currently, there is a lack of accepted and Currently, there is a lack of accepted and established guidelines to assist prosecutors in established guidelines to assist prosecutors in establishing community prosecution establishing community prosecution



Community Defender ServicesCommunity Defender Services A newer concept is the development of community A newer concept is the development of community

defenders (similar to the centralized public defenders)defenders (similar to the centralized public defenders) Better opportunity to obtain supporting witnesses for the Better opportunity to obtain supporting witnesses for the

defendant because the defender is more familiar with the defendant because the defender is more familiar with the communitycommunity

Relationships can also be developed with resources in the Relationships can also be developed with resources in the community which can translate into jobs and emotional community which can translate into jobs and emotional supportsupport

The neighborhood defender looks at the broader interests The neighborhood defender looks at the broader interests of the defendantof the defendant

They are no longer only concerned with the tactics of the They are no longer only concerned with the tactics of the criminal case and they look for ways to strengthen the criminal case and they look for ways to strengthen the client’s integration into the neighborhood client’s integration into the neighborhood



Community judiciaryCommunity judiciary Currently, there is no established role Currently, there is no established role

for a community judiciary beyond what for a community judiciary beyond what is done in community courtsis done in community courts

When developed, such a judiciary would When developed, such a judiciary would work closely with citizen groups and work closely with citizen groups and neighborhood interests to develop a neighborhood interests to develop a judicial practice on behalf of judicial practice on behalf of neighborhood concerns neighborhood concerns



Under traditional models of sanctioning, the Under traditional models of sanctioning, the aims of the criminal sentence are primarily aims of the criminal sentence are primarily punitive, especially for serious crimepunitive, especially for serious crime The main point is to do something The main point is to do something toto the offender the offender

that will communicate blame and reprobation that will communicate blame and reprobation through a penalty that is intentionally unpleasantthrough a penalty that is intentionally unpleasant

Community justice changes the aim of the Community justice changes the aim of the sentence.sentence. Punishment of the offender not eliminated as a Punishment of the offender not eliminated as a

goal, but it takes a second priority to the needs of goal, but it takes a second priority to the needs of the community for an outcome that restores the community for an outcome that restores some of the losses suffered as a result of the some of the losses suffered as a result of the crimecrime



Thomson argues that much of the use of the Thomson argues that much of the use of the penalty-oriented model is because it is penalty-oriented model is because it is comfortable and familiarcomfortable and familiar

He argues that there is a growing amount of He argues that there is a growing amount of research over the last 25 years indicating public research over the last 25 years indicating public support of moderation in criminal sentencingsupport of moderation in criminal sentencing

He also believes that a combination of He also believes that a combination of restorative justice principles and moderation in restorative justice principles and moderation in sentencing would provide a benefit to sentencing would provide a benefit to communities communities



Under community-oriented sanctioning, Under community-oriented sanctioning, victims play a different role in the processvictims play a different role in the process They have an opportunity to tell their story and try They have an opportunity to tell their story and try

to understand why the offender committed the to understand why the offender committed the crimecrime

The desire is for a three-way restoration – of The desire is for a three-way restoration – of the victim, the community, and the offenderthe victim, the community, and the offender

To achieve this three-way restoration, To achieve this three-way restoration, community justice has to place the victim and community justice has to place the victim and the community in the center of the the community in the center of the sanctioning process, not at the sidelinesanctioning process, not at the sideline



Restorative justiceRestorative justice Victim-offender mediationVictim-offender mediation Community reparative boardsCommunity reparative boards Family group conferencingFamily group conferencing Circle sentencingCircle sentencing



Alternative Dispute Resolution (ADR) Alternative Dispute Resolution (ADR) has assisted in the growth of has assisted in the growth of reconciliation programs reconciliation programs

Three elements of ADRThree elements of ADR ConciliationConciliation MediationMediation Arbitration Arbitration


Courts for Specialized Courts for Specialized CommunitiesCommunities

Drug courtsDrug courts As commonly implemented today, they As commonly implemented today, they

coordinate legal case proceedings with a coordinate legal case proceedings with a range of treatment modalitiesrange of treatment modalities

In a drug court, the judge plays an In a drug court, the judge plays an active role in helping defendants active role in helping defendants conquer their addiction by teaching conquer their addiction by teaching consequential thinking through a series consequential thinking through a series of graduated sanctions and rewardsof graduated sanctions and rewards



Domestic-violence courtsDomestic-violence courts Designed to promote swift and certain Designed to promote swift and certain

responses to domestic violence offenders while responses to domestic violence offenders while also ensuring the victim’s safetyalso ensuring the victim’s safety

Domestic-violence courts provide a critical step Domestic-violence courts provide a critical step in a continuum of response that begins with in a continuum of response that begins with local police intervention and continues through local police intervention and continues through ongoing community correction monitoring of ongoing community correction monitoring of the offender and community-based services for the offender and community-based services for victims victims



Domestic-violence courtsDomestic-violence courts In Lexington County, South Carolina, success in In Lexington County, South Carolina, success in

domestic violence courts was found to be domestic violence courts was found to be related to procedural justice processesrelated to procedural justice processes

The idea of procedural justice is based upon the The idea of procedural justice is based upon the concept that processes have a very strong concept that processes have a very strong effect on the way people obey the law effect on the way people obey the law

Offender behavior appeared to be affected more Offender behavior appeared to be affected more strongly by the manner in which the sanctions strongly by the manner in which the sanctions were imposed than by the sanctions themselveswere imposed than by the sanctions themselves



Mental health courtsMental health courts Collaboration between the criminal justice Collaboration between the criminal justice

system and mental health professionals system and mental health professionals to address the needs of mentally ill to address the needs of mentally ill persons charged with non-violent crimespersons charged with non-violent crimes

Usually structured similarly to drug courts Usually structured similarly to drug courts where trained professions interact with where trained professions interact with the court work groups to establish the court work groups to establish appropriate treatment plansappropriate treatment plans



Teen courtsTeen courts Teen courts use young people to censure teens Teen courts use young people to censure teens

who have broken the lawwho have broken the law Typical teen court involves low-level offenders Typical teen court involves low-level offenders

who have already admitted their guilt and who have already admitted their guilt and participate voluntarily in a process in which their participate voluntarily in a process in which their case will be heard by a judge and jury of their case will be heard by a judge and jury of their peers, who determine the appropriate sanctionpeers, who determine the appropriate sanction

Frequently draw on the principles of restorative Frequently draw on the principles of restorative justice by incorporating a social-service justice by incorporating a social-service assessment of the young person prior to or after assessment of the young person prior to or after the hearing and subsequent linking to social the hearing and subsequent linking to social servicesservices



Teen courtsTeen courts One of the primary philosophical One of the primary philosophical

underpinnings of the use of teen courts underpinnings of the use of teen courts is that youth consistently cite the effect is that youth consistently cite the effect of peers on their behavior as they are of peers on their behavior as they are growing up. growing up.



Re-entry courtsRe-entry courts Take the drug-court model of intensive court Take the drug-court model of intensive court

monitoring, therapeutic jurisprudence, monitoring, therapeutic jurisprudence, graduated sanctions and rewards, and the graduated sanctions and rewards, and the combination of services with justice case combination of services with justice case processing and then apply it to offenders processing and then apply it to offenders returning to the community from extended returning to the community from extended stays in jail or prisonstays in jail or prison

Their goal is to stabilize parolees and Their goal is to stabilize parolees and probationers in the community when they first probationers in the community when they first exit prison so as to prevent future recidivismexit prison so as to prevent future recidivism

Offenders are assessed prior to release, at Offenders are assessed prior to release, at which point a re-entry plan is developedwhich point a re-entry plan is developed


cj 220 chapter 3 the courts and community justice © 2011 todd r. clear, john r. hamilton, jr and...

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