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
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
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