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Purpose – This chapter considers the consequences on liberty in relationship to the development of the international problem-solving court movement.

Design/methodology/approach – The research, which relies principally on ethnographic fieldwork in six different common law countries (England, Ireland, Scotland, Australia, Canada, and the United States), explores the development of local problem-solving courts in each jurisdiction. These include drug courts, community courts, domestic violence courts, and mental health courts. The ethnographic fieldwork was supplemented with data from various other sources, including government reports, parliamentary debates, evaluations of individual court programs, publications issued by various advocacy groups, media accounts, public statements and articles by problem-solving court judges, and analyses of specialty courts in law reviews and other academic journals.

Findings – The research reveal that the five countries outside of the United States demonstrate greater concern with protecting the dignity of the court, due process, and individual rights – or what the Australians refer to as open and natural justice.

Originality/value – It is the first large-scale comparative study of problem-solving courts in the common law countries where the movement is most advanced.

How do prosecutors behave when the state puts them in charge of solving social problems? Drawing on interviews with prosecutors in California, this article investigates the degree to which problem-oriented strategies can transform the conventional prosecutorial role. The data show that problem-oriented prosecutors regard themselves as more responsive to the communities they serve and more inclined to develop creative and broad-ranging strategies to manage deviance within these communities. But there are significant limitations to the social worker role embedded in the problem orientation. First, problem-solving approaches are most compatible with chronic, low-level criminal offenses that hold little professional allure for prosecutors, who therefore have little incentive (at least in traditional professional terms) to devote time and energy to solving them. Second, the problem-oriented model produces among prosecutors a challenging role conflict, as the skills required for effective, creative problem-solving contrast sharply with those traits that traditionally define a good prosecutor. If problem-solving strategies are to effectively take hold, therefore, the prosecutorial role must be reconceptualized and the institution of prosecution reconstituted to accommodate a wider range of attitudes and actions.

Purpose – The purpose of this study is to examine how staff contributes to the operations of an adult drug court and, more critically, how staff produces client failure. Previous drug court researchers often attribute outcomes to the characteristics or the behaviors of the clients or to the program design, not to the actions of the staff.

Methodology – This study is based on extensive field research in three drug courts over a 4-year period. We observed both public and less public drug court events from the court event to staff meetings.

Findings – The key finding is that staff produces program failures. Within the policies and procedures of their programs, using their professional belief systems, and in interaction with a range of others to manage the demands of their position, staff produces the outcomes.

Limitations – As with other ethnographies, the generalizability of the exact processes may be limited. The core finding that the staff actively creates outcome decisions is a fundamental process that we believe occurs in any drug court or, more widely, problem-solving courts.

Implications – The practical implications of this research are in the illustrations of how staff matter, which we hope will spur others into examinations of staff actions.

Originality – Previous research ignores staff or treats them as mere extension program policies. The in-depth examination of staff behavior provides a unique and valuable examination of how much is lost by ignoring the staff judgments, perceptions, and actions.

This paper aims to examine the ways in which the criminal justice system has evolved to accommodate mental illness. Mental health courts are one such alternative; these courts actively seek rehabilitative and therapeutic outcomes for participants. However, current literature suggests that these courts are ineffective for offenders who have been diagnosed with borderline personality disorder (BPD).

The aim of the current inquiry was to determine the degree to which participation in the Assessment and Referral Court (ARC) List in the Magistrates’ Court of Victoria reduced re-offending rates for offenders diagnosed with BPD by providing a comparative analysis of pre and post ARC List offending.

The results of a two-year recidivism study suggest that successful completion of the ARC List reduces recidivism for 50% of offenders diagnosed with BPD.

To the authoring team’s knowledge, this is the second paper to explore the efficacy of the Assessment of Referral Court List (Magistrates’ Court of Victoria) in reducing recidivist behaviours for programme participants; however, it is the first paper to look specifically at the recidivist behaviours of participants of the Assessment of Referral Court List (Magistrates’ Court of Victoria) who have been diagnosed with BPD.

Problem solving courts are a result of the therapeutic jurisprudence movement. Drug treatment courts (DTCs), for instance, aim to divert substance using offenders away from the criminal justice system (CJS) to (drug) treatment services. DTCs are associated with reduced criminal offending and substance use. Psychosocial outcomes of DTCs, such as employment, health and family relations, received only little attention. The paper aims to discuss these issues.

This paper focuses on the outcomes regarding substance use and psychosocial variables of a Belgian DTC situated in the Ghent region, which were investigated by a naturalistic evaluation study with a pre- post-design using judicial files.

The results show that Ghent DTC clients were diverted to drug treatment and financial counselling services. Next the Ghent DTC produced beneficial outcomes regarding employment. Contrary to criminal offending (De Keulenaer and Thomaes, 2013), substance use was not significantly reduced in the Ghent DTC sample. Yet more compliance with opioid maintenance treatment was observed. Information on more client centred outcomes such as health and social relations was lacking, precluding a full outcome measurement of psychosocial variables.

Future DTC studies should address more client centreed outcomes by gathering information through DTC clients and treatment services instead of solely relying on judicial data sources. In addition, DTCs should develop a clear and uniform registration system regarding these outcomes.

Since the therapeutic jurisprudence movement continues to expand, discussion regarding the roles and tasks of the CJS as well as treatment and counselling services is vital. Each actor should maintain its own role and task, regarding monitoring and substantive work, to insure a “problem solving approach” that is in line with the recovery philosophy.

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the public. Organized advocacy by youth also informs and animates policy development. One recent example fosters youth organizing to promote “normalcy” in child welfare practices in Florida, and in related federal legislation.

The purpose of this study was to describe programs that aim at programs to divert people with a mental condition from the criminal justice system to mental health services are being initiated, but reporting is limited and fragmented. This study described programs that aim at diverting persons with mental health conditions out of criminal justice systems to community mental health services, with the intention to inform research and practice.

A scoping review was used to map and synthesise diversion programs. Ten online data bases were searched. Preferred Reporting Items for Systematic Reviews and Meta-Analyses extension for Scoping Reviews was used to direct the selection of sources. Research and evaluation publications and grey literature published from 2010 to 2021 in English language were included.

Eight distinct diversion programs were identified across 24 countries or territories covering five phases of the criminal justice process. Diversion programs included crisis intervention teams, the electronic linkage system, mobile crisis units, the criminal justice liaison program, problem-solving courts, the abstinence-based program, the community equivalence program and the forensic assertive community treatment program. Although distinct programs have the potential to form a system of diversion across the continuum of the criminal justice process, only two territories moved in that direction. Diversion programs reported overwhelmingly originated from high-income countries.

Stigma that labels people with mental health conditions as violent and dangerous need to be addressed. It is important to place diversion systems on national policy agendas and advocate for evidence-based interventions.

The study provides a blueprint on diversion systems to set a research agenda and develop a road map, tailored towards local contexts.

Peter French has worked as a police officer and chief inspector for over 30 years. His experience in dealing with drug‐related crimes and a recent visit to the States has convinced him that the UK needs more, not less, criminal justice interventions. Drug Courts, he argues, increase treatment retention and offer greater flexibility to help people stay the course. Though they work for the US, with up to 75% success rates, will they work for the UK? Find out why Peter French thinks they will, with bells on.

The purpose of this paper is to provide an overview of major mechanisms instituted in Australia to ameliorate the experience of vulnerability arising as a corollary of involvement in Australian criminal courts as defendants, victims or witnesses of crime or family members/friends of such people.

The paper begins by providing an overview of two major categories of vulnerability within the criminal justice system – generally experienced vulnerability arising as a corollary of involvement in Australian criminal courts and attribute-based vulnerability. It focusses on the former locating it within a human rights framework. It then outlines dominant responses to this form of vulnerability. Finally it considers the potential for the Court Network program to achieve a more integrated approach to ameliorating this form of vulnerability.

The paper takes the view that major responses to systemic vulnerability in the criminal justice system fall short of adequately managing this form of vulnerability. It suggests that the Court Network model has the potential to address some lacunae in other responses and importantly to provide a gateway to them.

It explores an aspect of vulnerability that is now infrequently addressed and considers one option to supply lacunae in other major responses that has not yet been brought into the scholarly discussion in any significant way.