Court Management Trends

Abstract
This paper defines specialty courts and why they were created, providing real-world examples and statistics on success rates. The author will explain victims’ rights changes and what rights victims are now afforded by discussing Marcy’s Law and Victims Bill of Rights. A local court will be discussed, how it works, and what programs are required by the court.
Keywords:  specialty courts
Court Management Trends
Specialty courts were established to manage problem-solving to which all cases that fall within a specific area are directed. These courts tackle certain criminal requests by concentrating on public services to meet those needs. Specialty courts have undergone some reproach because they function inversely and beyond that of conventional court structures (Allen & Sawhney, 2018). Specialty courts are specific court hearings that suggest an extensive probation program for people with psychological health or substance use disorders. They aim to focus on the causal problems that can instigate criminal behavior. Specialty courts include mental health courts, non-attendance, domestic violence, drug courts, and other problem-solving courts.

Recovery Courts

Presently, there are 82 recovery courts in Tennessee that consist of adult healing, veterans’ therapy, DUI, family care, and human trafficking. These courts are judicially regulated court dockets that lessen correctional expenditures, safeguard community protection, and enhance civic prosperity. In recovery courts, non-violent persons with drug dependence partake in therapy while under tight legal and medical supervision. Tennessee’s recovery courts employ evidence-based indoctrination and standards to help males and females discover new-found lives in recovery.
In an assessment of participants in a Tennessee recovery court, 81% became hired or had an enhancement in job position. Twenty-eight percent who were displaced or in a group home locale, obtained their own place. Upon finishing the program, 63% continued an autonomous living situation. While most partakers came into the program with a high school diploma or GED, 14% upgraded their learning status by obtaining an advanced degree (Tennessee, 2016).

Marsy’s Law and Victims’ Rights

Marsy’s Law is named for college student, Marsy Nicholas, who was murdered by an ex-boyfriend in California in 1983. The campaign to push for victim’s rights began a week after her murder when Marsy’s brother and mother walked into a grocery store where they were confronted by Marsy’s accused killer. Marsy’s Law revised the state constitution and varying state laws to magnify legal rights of crime victims, demand reimbursement payments by offenders, and change processes for awarding and rescinding parole.
Marsy’s Law fights to guarantee that victims of crime have identical, constitutional rights. Law creators, activists, and criminal justice personnel work persistently to ensure that victims obtain the rights they deserve and to maintain that the bill provides support to agencies tasked with imposing Marcy’s Law. Presently, most states offer victims the right to security from warnings, coercion, and retribution. Victims may receive police escorts, even witness protection (Appleby, 2013).

Victim’s Bill of Rights

Victims have the right to be present during criminal proceedings to see firsthand the mechanisms of the criminal justice system. Victims want to listen to cases and look at responses of judge, jury, and the accused. Victims have the right to be treated with equality and with reverence, to be fairly safeguarded from the accused offender, and to be informed of court proceedings.
Prior to the 1990s, victim impact statements were not allowed to sway sentencing in many courts in the U.S. In the case, Payne vs. Tennessee, the court ruled that it was unethical to allow the perpetrator to put on justifying testimony about his good character while denying victims a chance to express the effect or harm imposed upon them by actions of the accused. Justice is due to the defendant, but to the complainant as well. The concept of impartiality must be balanced for both (Carpino & DeNeve, 2010).
In 1982, Congress passed several articles of victim’s rights law, and consequently adopted a succession of laws, providing better statutory acknowledgment to the rights of crime victims. If a victim of crime determines that a public agency is violating his or her rights, a lawsuit can be filed, requiring prosecution and demanding damages for harm caused by the violation of the constitutional right. In 2002, in response to crime victims and witnesses, an automated and free service, Victim Notification System (VNS) was formed to deliver appropriate knowledge to victims about important incidents that occur in the criminal justice system (Federal Bureau, n.d.).

Conclusion

Specialty courts were developed to aid in problem-solving for the criminal justice system. These courts address specific needs of the offender by providing services for mental health, drug and alcohol dependence, and underlying problems that lead to criminal behavior. Presently, in Tennessee, there are 82 recovery courts delivering services to reduce correctional costs, community safety, and improving public welfare.
Marsy’s Law was a campaign to push for victim’s rights. This law amended many state constitutions to implement policies and procedures to allow justice for victims of crime. The Victim’s Bill of Rights ensures equality, to be present at hearings, and protection from the accused. Prior to the passage of victims’ rights, victim impact statements were denied in courts, fearing an unfair influencing of sentencing hearings. Several states began allowing victims impact statements because fairness and equality applies to both the accused and the accuser.
References
 Allen, J. M., & Sawhney, R. (2018). Administration and management in criminal justice: A service quality approach (3rd ed.). Los Angeles, CA: Sage.
Appleby, R.S. (2013). Proposition 9, Marsy's Law: An ill-suited ballot initiative and the (predictably) unsatisfactory results. Southern California Law Review 86(2). 321-364. Retrieved from http://eds.b.ebscohost.com/eds/detail/detail?vid=1&sid=a7b1e476-a199-422f-b1cc-94a2fa20f285%40sessionmgr103&bdata=JkF1dGhUeXBlPXNoaWImc2l0ZT1lZHMtbGl2ZSZzY29wZT1zaXRl#AN=89862498&db=lgs
Federal Bureau of Prisons. (n.d.) Resources for victims and witnesses. Retrieved from https://www.bop.gov/resources/victim_resources.jsp
Tennessee. (2016). Recovery courts transforming lives in Tennessee TN Department of Mental Health & Substance Abuse Services. https://www.tn.gov/behavioral-health/news/2016/5/4/recovery-courts-transforming-lives-in-tennessee.html.

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