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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.

The mental health court is the newest venue for rerouting persons with mental illness from the criminal justice system to the treatment system. Mental health courts share with drug courts the mission of offering therapeutic alternatives to jail. But their success, however, depends on the nature of the illnesses to which they attempt to treat, the strength of the connection between those illnesses and criminal behavior, and the effectiveness of treatment as a deterrent. To explore these connections, mental health courts are assessed through the lens of therapeutic jurisprudence. From theoretical and practical perspectives, mental health courts are found to have substantial limitations in terms of their potential impact on criminal behavior and incarceration of people with mental illness. Serious concerns about fairness are also raised. An alternative strategy for judicial intervention on behalf of offenders with mental illness is suggested.

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 paper articulates common organizing narratives which recur within alternative movements in law, and posits the art of dispute resolution as an experimental reconstructive methodology for engaging conflicts, while incorporating a critique of classical liberal thought. The paper offers a reading of conflict resolution approaches, including Alternative Dispute Resolution; Therapeutic Jurisprudence; Restorative Justice, and Transitional Justice, in search of a new legal culture or jurisprudence which emerges from the following narratives: emphasis on process; emphasis on constructive conflict intervention; deconstruction and hybridization; a search for an underlying layer; emphasis on relationship and acknowledgment of emotions; community work and bottom-up development.

Purpose – Since the mid-20th century, drug addiction in America has increasingly been redefined as a disease and diagnosed as a widespread yet treatable disorder. The idiosyncrasies of addiction as a disease, however, have tended to block the journey of the addict from stigmatized moral failure to therapeutic reprieve. Centering in on the process of the “court-led diagnosis” of addiction, this qualitative case study uses ethnography and interviewing at a county drug court and one of its “partner” therapeutic communities to examine the process in detail, from the first negotiations between treatment and court personnel over the eligibility of the client, to the gradual inculcation of an addict identity by means of intensive cognitive education and behavioral modification.

Methodology/approach – Qualitative: ethnography and interviews.

Findings – We demonstrate that a shift from moral judgment to therapeutic sympathy is particularly unlikely for the fast-growing mass of criminal offenders whose diagnosis is spearheaded by the state in the form of the therapeutic jurisprudence of the drug court. For this group, the emphasis on the need for comprehensive resocialization and the close cooperation between the intimacies of therapeutic “rehab” and the strong arm of criminal justice “backup” not only maintains, but intensifies, moral tutelage, and stigmatization.

Social implications – The convergence of drug treatment and criminal justice tends to produce yet another stigmatizing biologization of poverty and race, lending scientific validity to new forms of criminalizing and medicalizing social hardship.

From the mid-1980s to the mid-1990s, several prominent feminist legal scholars made a case for “difference feminism.” Inspired by psychologist Carol Gilligan’s classic text, In a Different Voice, these scholars argued that social relationships, caring, and the emotions should be recognized as important to jurisprudence and legal regulation. Today, difference feminism is no longer a dominant movement within legal scholarship, but reformers are bringing “mindfulness,” “emotional intelligence,” and attention to relationships into law and business – a development dubbed “therapy culture” by its critics. This essay describes some of the manifestations of therapy culture in law and argues for more feminist engagement.

Large numbers of adults with mental illness detained by police, seen in the courts, and confined in prisons and jails has been a longstanding concern of officials in the mental health and criminal justice systems. Diversion programs represent an important strategy to counteract the criminalization of persons with mental illness. The challenge is to identify and integrate resources in such a way that an organization bridging the police, courts, mental health, substance abuse, homelessness, welfare and entitlements agencies would evolve that would effectively and appropriately serve offenders with mental health issues, keeping them stable in the community and reducing recidivism.