Drug courts, mental health courts, veteran's courts, and other problem-solving courts have grown quickly around the United States since the first drug court began in 1989. These courts are premised on the idea that the criminal justice system should address the problems that cause criminal behavior such as drug addiction and mental illness and that by doing so recidivism will decrease. In an era of mass incarceration, problem-solving courts have been heralded as a way to decrease prison populations by using non-incarceration alternatives. Proponents also point to the lower cost of non-incarceration alternatives. Critics question whether problem-solving courts can have such a far-reaching impact as these types of courts require more resources and regularly suffer from waitlists and the inability to accept all those who might qualify. In addition, many of these courts are structured so that participants must plead guilty to the underlying offense before being accepted. This means they are not saved the serious collateral consequences of a criminal conviction. This panel will discuss the theory behind problem-solving courts, the growth of these courts, the public policy goals served by problem-solving courts, and the concern of critics.
The Section held a virtual business meeting in advance of the Annual Meeting.