SOLVING PROBLEMS, MAKING DILEMMAS?Canadian Criminal Justice Association

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SPEED DATING FOR IDEAS

Is there a problem worth addressing? Do PS courts address the problem? Do PS courts create problems/dilemma? Are there other, better ways to address the

problem? “Better” i.e. more effective, less expensive, fewer

dilemma

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THERE ARE PROBLEMS

Symptomatic crime Criminal behaviour rooted in drugs and mental

illness Justice system is the catchment

Complexity Personal: symbiotic relation between drugs &

mental illness Systemic: two or more systems

Limited coordination of systems and services Carrots or sticks, not carrots and sticks

Ineffective / damaging criminal sanctions

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SWIMMING UPSTREAM OF CRIME: PS COURTS

... are judge-led teams of justice, health, and social service professionals more interested in future behavior than past behavior

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FOR EVERY PROBLEM A COURT

Drug Mental health Family drug Domestic violence Teen Community Re-entry Aboriginal ?

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DILEMMA BY NUMBERS

1. Accused’s rights2. Patient’s rights3. Medical efficacy4. Justice efficacy5. Democracy

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ACCUSED/PATIENT’S RIGHTS & TEAMS

Self incrimination Right to counsel Medical confidentiality Priority of treatment & harm reduction Consent and coercion

Greater judicial discretion & accused vulnerability

Justice system is built to coerce

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MEDICAL EFFICACY

Voluntariness: is it medically necessary? is it a myth? Coercion by the state, by the judge, by the team:

is it different? Are judges qualified to direct therapy? Are judges conflicted when directing

therapy?

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JUSTICE EFFICACY

PS Courts compatible with blind justice? Judge-led teams compatible with justice? Allocation of justice resources

“Boutiquing” of the court system Hi-grading time and services?

Is directing executive functions a threat to judicial independence?

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BREAKING NEW GROUND OR PAVING THE DETOUR?

If the helping systems don’t or can’t help, the punishing system takes over by default

Is justice suited to helping? Helping sits uneasily with punishment in any

system The purpose of justice is social order that is just It relies on moral authority and punishment Nuisance offences begat a rising crescendo of

criminal sanctions Justice has its own problems

Case processing times Inefficiencies Resistance to business systems analysis

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DEMOCRACY

Should judges direct or allocate government resources?

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PS COURTS: GOOD? BETTER? OR BEST?

There is a problem PS courts are, to varying degrees, an

effective response Can the dilemma be navigated? Can PS courts be institutionalized? Are there other responses?

Not involving courts Not supervised by judges Not requiring close coordination Administratively supervised coordination

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Good luck!

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