CRIM 241 Lecture Notes - Lecture 3: Mental Health Court, Traditional Courts In Malawi, Risk Management

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Crim 241: Lecture 3
Specialized Problem-Solving Courts
- Objective: divert offenders with special needs from the system
- Attributes: address underlying problems, involve collaboration, accountable to the
community
- Therapeutic Justice: using the law and authority of the courts to promote offender
health and well being
Comparison of Traditional Courts and Problem-Solving Courts
- Table 5.1
The Effectiveness of Specialized Courts
- Few Canadian evaluations
- Comparing effectiveness is difficult due to variation in:
o Admission criteria, services provided, how success is measured
- Issues with high rates
- Mental Health Court
o 10-75%
- Drug Treatment Court
o Per client costs are less than traditional court
- VDCC
o Impact on crime and reoffending unknown
Intermediate Sanctions
- Fall between traditional probation and incarceration
- Offender oriented objectives include
o Assurance of real punishment, retribution and some degree of incapacitation
and control
- System oriented objectives include reducing:
o Institutional populations, the cost of corrections, and rates of recidivism.
- Electronic Monitoring
Conditional Sentences
- Serve sentence of incareation for a period of less than two years in the community, not
the prison
- Two factors in decision:
o Risk to reoffend and the amount of harm if reoffend
- Supervised by probation officers
The Effectiveness of Alternatives
- There is no evidence that diversion impacts correctional populations
o May increase workloads and costs
- Problem-solving courts may be effective at reducing rates of reoffending.
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Document Summary

Objective: divert offenders with special needs from the system. Attributes: address underlying problems, involve collaboration, accountable to the community. Therapeutic justice: using the law and authority of the courts to promote offender health and well being. Comparing effectiveness is difficult due to variation in: admission criteria, services provided, how success is measured. Drug treatment court: per client costs are less than traditional court. Offender oriented objectives include: assurance of real punishment, retribution and some degree of incapacitation and control. Institutional populations, the cost of corrections, and rates of recidivism. Serve sentence of incareation for a period of less than two years in the community, not the prison. Two factors in decision: risk to reoffend and the amount of harm if reoffend. There is no evidence that diversion impacts correctional populations: may increase workloads and costs. Problem-solving courts may be effective at reducing rates of reoffending. Probation can be effective if the principles of rnr are followed.

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