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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.

Reporting to the police incidents of challenging behaviour displayed by inpatients with autism spectrum disorders (ASD) and learning disability (LD) represents an important but often controversial issue. The purpose of this paper is to contribute to this topic through a brief literature review and the presentation of a clinical case.

Case study and literature review.

The action of reporting to the police can be a useful tool within the therapeutic input provided to patients with ASD and LD who present with challenging behaviour. This can enable staff to feel legally supported, and can promote patients’ learning of social rules, in respect of their rights and duties. The clinical case highlighted that reporting to the police can be effective when it is part of a comprehensive, multi‐professional therapeutic process. This should aim at directing patients towards rehabilitation rather than incarceration. This should also entail the identification of clear pathways and ongoing involvement of patients and families.

Despite the relevance for clinical practice of the above debate, little has been published on this topic. This paper contributes to this discussion through the presentation of a clinical case and by describing how this issue was addressed within a secure inpatient setting.

This paper aims to present an overview of a variety of risk assessment issues that are of particular relevance for work with juvenile fire setters in clinical and forensic settings. The paper seeks to consider Juvenile Fire Setting (JFS)‐Youthful Misuse of Fire (YMF) across a broad array of clinical domains, including developmental, prognostic, and the diagnostic utility anticipated by using the DSM‐5. National standards and risk assessment levels are to be examined.

The paper includes a comprehensive review of the research and practices related to juvenile fire setters. This review included assessment and intervention resources that are used in diverse practice environments. The authors reviewed the literature to establish a nexus between risk assessment and community‐based interventions which were illustrated by a nationally recognized YMF mental health program (FATJAM).

The paper provides empirically‐based insights into key issues for working with these forensic cases. It offers discussion regarding diagnostic issues that are relevant to the DSM‐5.

Because of the conceptual or theoretical approach used, the research basis for generalizations is restricted to the practice‐based analyses provided by the authors. Therefore, practitioners and researchers are urged to further test the observations and conclusions presented.

This paper is unique in that it increases the knowledge base related to the diagnostic applications with the DSM‐5, as well as evidence‐based interventions for JFS as it pertains to public safety.

The purpose of this paper is to draw to the attention of parliamentarians and policy-makers the specific vulnerabilities of applicants for bail that need to be addressed if there are to be any answers to the current malaise.

Almost a quarter of the adult prison population in Australia is made up of persons imprisoned awaiting trial. By looking at current data and recent research findings, the paper reveals that there persists in Australia great unevenness in remand distributions by jurisdiction.

The paper explains why there are differences in remand rates across Australia and why they are rising and draws from more recent snapshots that complement these findings from comprehensive studies conducted a decade ago.

Furthermore it examines ideas floated in the last decade by academics and practitioners keen to lower remand rates and to bring some uniformity to the process while keeping intact the two key (yet potentially contradictory) aims of the remand in custody system: the safety of the community and the presumption of innocence.

The paper’s findings will appeal to parliamentarians and policy-makers tasked with bringing about law reform in the field, as well as police leaders, correctional advisors and students of the legal process.

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.

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.