Community prosecution techniques are becoming "business as usual" around the U.S., according to the U.S. Department of Justice's Bureau of Justice Statistics. In fact, this approach emphasizing neighborhood knowledge and creative, prevention-oriented approaches to public safety problems has become part of the way the majority of prosecutors do business, a study of 307 offices has found.

And a closer look at the survey reveals even more common use of community prosecution techniques when the focus is on the three essential components of community prosecution - problem-solving, community engagement and partnerships:

Problem Solving
Ninety-five percent of large offices reported using tools other than criminal prosecution to address community problems, the Bureau of Justice Statistics reported in its 2005 National Survey of Prosecutors. Eighty percent of medium-sized offices, 72 percent of full-time small offices, and 43 percent of part-time offices also reported using alternative methods.

Community Engagement
Overall, more than half the offices surveyed engaged the community in identifying safety priorities, according to the survey. Ninety-five percent of large offices, 75 percent of medium offices, 51 percent of small offices, and 38 percent of small offices relied on the community to identify crime or problem areas.  

Partnerships
Almost 90 percent of the offices reported a formal or informal relationship with governmental agencies, 70 percent with community associations, and over half with private organizations, while about three-fifths of all offices met regularly with school and advocacy groups. Nearly half of the offices reported meeting regularly with youth service organizations and business groups. Virtually all the offices indicated a formal or informal relationship with law enforcement agencies.

Method
Questionnaires consisting of 48 questions were mailed to 310 elected prosecutors, and 307 completed the questionnaire.

 

As problem-solving innovation becomes more integrated into the way courts do business, law schools are beginning to offer courses examining problem-solving principles and practices. The Conference of Chief Justices and the Conference of State Court Administrators, among others, have urged law schools to include the principles and methods of problem-solving courts in their curricula. In a parallel development, Harvard Law School recently reformed its first-year curriculum to include a new course, “Problems and Theories,” that will focus on teaching students basic problem-solving skills. A recent article in the Washington University Journal of Law and Policy entitled "Lawyering and Learning in Problem-Solving Courts" makes the case for greater engagement between law school clinics and problem-solving courts. 

Given the recent interest in problem solving and academia, this article seeks to provide a short overview of current law school classes that touch on topics of problem-solving justice. Courses and clinics are organized into five basic categories: problem-solving courts, community prosecution, restorative justice, problem-solving lawyering, and therapeutic jurisprudence. The list was compiled with the help of Michael Cobden, based on interviews and web searches. It is not intended to be exhaustive or definitive. Rather, it seeks to provide a snapshot of a rapidly developing field by highlighting courses from law schools around the country. Note that this overview is limited to law school classes and does not include courses on problem solving at graduate schools in other disciplines (e.g., criminology, public policy, social work).

Problem-Solving Courts
In recent years, proponents of problem-solving courts have sought to introduce drug courts, community courts, and other new approaches to justice into law schools. Often this takes the form of a single guest lecture as part of a larger course on a related topic. In addition to these ad-hoc efforts, several more law schools have recently piloted full-semester classes devoted to problem-solving justice.

Fordham University School of Law
Course: Problem Solving Justice: Courts as Agents of Social Change
Professors: Patricia Henry, Susan Knipps, Valerie Raine

Fordham has piloted a syllabus created by the Center for Court Innovation with the help of a panel of academic advisors. The course begins with a look at the conventional approach to case processing and offers a history of problem-solving courts, focusing on drug courts, community courts, mental health courts, and domestic violence courts. Guest speakers and site visits are a part of the course.

Brooklyn Law School
Course: Problem-Solving Justice
Professor: Anne J. Swern

This course, taught by an adjunct lecturer from the Brooklyn D.A.’s office, covers the history of the problem-solving court movement and addresses the role these new courts play within the larger justice system. Concerns about how courts should treat issues like drug addiction are introduced and discussed. Visits to both traditional and innovative courts are part of the course.

State University of New York: Buffalo
Course: A Critical Look at Therapeutic Courts: Drug Treatment, Domestic Violence, Mental Health and Gambling Courts
Professors: Mark Violante, Mark Farrell

This course is taught by two judges and involves extensive site visits. During visits to court, students attend case conferences and “shadow” court staff including district attorneys, defense attorneys, and judges. Students are required to write a 20-page paper about any aspect of a problem-solving court they have learned about during the semester.

Columbia University 
Program Title: Center on Crime, Community and Law
Course: Pro-seminar on Problem-solving Courts
Professors: Jeffrey Fagan, Michael Dorf

This Columbia pro-seminar changes subject each year. The 2003 pro-seminar focused on community justice centers and community prosecution. The course began with readings on the theoretical basis for the courts before moving on to empirical research. This pro-seminar culminated in a research paper which was defended by each student author in a final symposium.

William and Mary School of Law
Course: Problem-Solving Courts
Professor: Gregory Baker

According to Professor Gregory Baker, there are plans to create a new course which would supplement the developing Therapeutic Jurisprudence Program (see below). 

Community Prosecution
Community prosecution—a new approach to law enforcement that emphasizes neighborhood knowledge and creative, non-prosecutorial approaches to public safety problems—is being taught in a couple of law school clinics.

Brooklyn Law School 
Course: Prosecutors Clinic
Professor: Lisa Smith and Anne J. Swern

In the Brooklyn program, third-year students work alongside community prosecutors from the Kings County D.A.’s office in a clinical setting. Students are encouraged to become familiar with the community itself as they learn about specific neighborhood problems.

University of Maryland School of Law
Course: Community Justice Clinic, Community Law in Action Clinic
Professor: Brenda Bratton Blom, Terry Hickey

The Community Justice Clinic has five components in which students may participate: community prosecution, community justice council, school conflict resolution, youth advocacy/law/leadership and business development. The community prosecution component allows students to design, operate and evaluate a community prosecution project with help from faculty and the Baltimore City State’s Attorney's Office. The community justice council is a group which consists of community leaders, law enforcement, prosecutors, defenders, law students and clergy who create and evaluate offender rehabilitation programs.

New York University School of Law
Course: Criminal and Community Defense Clinic
Professors: Kim Taylor-Thompson and Anthony Thompson

The Criminal and Community Defense Clinic offers students to explore the variety of ways that defender offices can be more grounded in the communities from which their clients come and to which they return. Students work with defenders at the Neighborhood Defenders Service of Harlem and also with community advocacy groups in addressing broader issues that affect communities of individuals charged with crime.

Restorative Justice
Several law schools have restorative justice programs or courses that focus on efforts to promote alternative approaches to disputes that bring together victims and offenders. What follows are selected examples.

University of Wisconsin Law School 
Program Title: Frank J. Remington Center
Course: Restorative Justice Project
Professors: Leslie Shear, Pete DeWind

This clinical program is open to 12 second and third-year law students and is divided into two parts: Family Law Project and Restorative Justice Project. The Restorative Justice Project facilitates meetings between incarcerated felons and victims. The project seeks to teach students a non-adversarial approach to criminal justice issues.

Marquette University Law School 
Course Titles: Restorative Justice; Restorative Justice Initiative Clinic
Professors: Janine Geske

The course teaches restorative justice in both American and international settings, including victim/offender and victim/family conferencing, victim impact panels and Native American Circles. The course also explores constitutional problems related to restorative justice.

Pepperdine University School of Law 
Course: Restorative Justice
Professor: Daniel Van Ness 

This course explores the restorative justice movement, a systematic approach to criminal justice that emphasizes repairing harm caused or revealed by criminal behavior. Restorative justice incorporates aspects of alternative dispute resolution and civil law into criminal matters in furtherance of its overarching goals of healing and reconciliation. The course considers where the movement originated, how it has developed in the past twenty years, the opportunities and challenges it confronts, and specific ways in which it can be woven into and implemented as part of the criminal process.

Georgetown Law
Course: Restorative Justice In International Human Rights: A New Paradigm
Professor: Lynn Fraser

This is an LL.M. seminar offered on international human rights and restorative justice that teaches the basics of the restorative justice theory before applying it to the international issues.

New York University School of Law
Course: Retribution in Criminal Law Theory & Practice Seminar
Professor: James Frederick Gilligan and David A.J. Richards

This course discusses the role retribution should play in criminal justice. Topics discussed will include the philosophy of retributive justice and social justice in a democracy, the psychology of violence (rooted in patriarchal emotions of humiliation and shame, suppressing the moral emotion of guilt), the historical roots of American retributivism (including mass incarceration and the death penalty), and alternatives to retributive justice (including therapeutic and restorative justice). The seminar includes in its pedagogy experiments in freeing creative voice through weekly writing and theatre exercises and includes a close study of philosophy, history, psychoanalysis, novels, and plays.

Problem-Solving Lawyering and Alternative Dispute Resolution
In October 2006, the Harvard Law School revised its first-year curriculum to include a new course, “Problem Solving Workshop,” that will engage students in working on complex, multi-faceted problems involving diverse areas of law. Other schools that offer at least a course or two which teach general problem-solving lawyer skills include Stanford, UCLA and New York Law School. California Western University has taken the idea further by creating an entire curriculum and concentration called “Creative Problem-Solving.” The curriculum has three core courses: Problem-solving & Preventive Law; Cross-cultural Problem Identification and Problem Solving Skills & Theory. Georgetown Law School has a special program on “Conflict Resolution and Legal Problem Solving” led by Carrie Minkel Meadow that focuses on mediation and other forms of alternative dispute resolution. Like Georgetown, many law schools have classes in Alternative Dispute Resolution. Indeed, the Association of American Law Schools, the principal association of law professors, has a special section devoted to Alternative Dispute Resolution.

Florida Coastal School of Law
Course: Comprehensive Law Practice
Professor: Susan Daicoff

This course is limited to 30 students and has been offered during spring semesters since 2000. The official description says that the course is evenly divided between theory and skill development. Most of the course covers mediation and general lawyer skills from the perspective of law as a healing profession. One week is devoted to problem-solving courts.

University of Baltimore School of Law 
Course: Center for Families, Children and the Courts’ Student Fellows Program
Professor: Barbara A. Babb

The fellowship program has a limited enrollment of six students. The program consists of weekly two-hour seminars and weekly one-hour supervisory meetings. About eight or nine class sessions (out of sixteen) are devoted to problem-solving courts, teen courts, drug courts and family courts. Students participate in research projects for the Center.

Therapeutic Jurisprudence
Proponents of therapeutic jurisprudence, most notably Professors Bruce Winick and David Wexler, argue that therapeutic jurisprudence—the study of the therapeutic (and anti-therapeutic) impacts of legal decisions and actions—can apply to all areas of legal practice. Many of the courses listed below have posted syllabi on the website for the International Network on Therapeutic Jurisprudence maintained by the University of Arizona.

William and Mary School of Law 
Course Title: Therapeutic Jurisprudence
Professor: Gregory Baker

Students spend most of their time working in either a drug court or mental health court. This work commonly involves being a “therapeutic court law clerk,” researching constitutional and other legal issues and writing legal memoranda for the judge. There is also a community service component that requires students to provide some non-legal service to either the court or to the local community.

University of Miami School of Law 
Course Titles: New Directions in Lawyering: Interviewing, Counseling, & Attorney/Client Relational Skills; Therapeutic Jurisprudence Seminar; Therapeutic Courts Externship
Professors: Bruce Winick, Bernard P. Perlmutter, Jennifer Zawid

The first course focuses is on preventive lawyering, holistic representation and civil matters. Students are assigned a variety of readings including articles profiling attorneys who utilize therapeutic methods in their practice. Traditional cases are re-examined with an eye towards how they might have been handled differently from a preventive or holistic perspective. Students engage in mock interviews and role-playing exercises, some of which are based on real case files and some of which are scripted. Outside speakers from other departments in the University of Miami inform the class of other disciplines and how they might contribute to the understanding of the client’s perspective. In the final phase of this course, students conduct supervised interviews of clients who are in the custody of a juvenile detention facility and prepare memoranda which are shared with the public defender’s office.

The second course focuses on studying and attempting to reform substantive legal rules and legal procedures. Students will prepare a 30-40 page paper on a therapeutic jurisprudence topic or theme and will have the opportunity to participate in research or law reform activities conducted by the Therapeutic Jurisprudence Center.

University of Puerto Rico
Courses: Therapeutic Jurisprudence; Therapeutic Jurisprudence and New Directions in Criminal Lawyering; Interdisciplinary Collaboration in Therapeutic Jurisprudence; and Sentencing and Corrections from a Therapeutic Jurisprudence Perspective
Professor: David Wexler

Professor Wexler is a Professor of Law at the University of Puerto Rico in San Juan, Puerto Rico, a Distinguished Research Professor of Law at the James E. Rogers College of Law, Tucson, Arizona, and the Director of the International Network on Therapeutic Jurisprudence.

Touro Law Center 
Course: Selected Topics in Professional Responsibility: Lawyering as a Happy, Healthy, Healing and Ethical Profession
Professor: Marjorie A. Silver

According to the course description, this course is geared toward students who are already experiencing disillusionment about their chosen profession. The course addresses the emotional and mental strain on lawyers as much as on litigants. Problem-solving courts and restorative justice are presented as areas of practice that might avoid the ethical and emotional difficulties of working in a traditional legal career.

New York Law School
Course: Therapeutic Jurisprudence 
Professor: Deborah Dorfman

This course focuses on mentally disabled individuals who are litigants or are the subject of litigation. It is a predominantly on-line course, requiring students to participate in a weekly chat room, discussion board, and two, day-long weekend live seminars at New York Law School.

University of Connecticut Law School 
Course: Therapeutic Jurisprudence
Professor: Robert G. Madden

This is a seminar covering a wide range of theory and skill development. One class session is titled “Specialized Courts: Applied Therapeutic Jurisprudence.” Three other sessions deal with Domestic Violence, Juvenile Justice, Drug Courts and Criminal Courts.

Mercer University School of Law 
Course: Therapeutic Jurisprudence
Professor: Bonnie Cole 

The course covers the psychology of law and the psychological well-being of practitioners. Other topics include comprehensive law, holistic lawyering and collaborative law.

In 2006, the Red Hook Youth Photography Project was developed as a response to community needs in Red Hook, Brooklyn. Over the course of a summer, young people use photography to express their feelings and questions about the world. At the end of the summer, all student portfolios are displayed in a show at the Red Hook Community Justice Center, giving participants an opportunity to be the subject of positive attention from their community.

As a geographically and socially isolated neighborhood, Red Hook has struggled with the absence of many basic services and amenities. For example, local youth and their parents have emphasized the need for more arts programs for young people. At the same time, the Red Hook Community Justice Center’s social workers have identified a need for programs that build self-esteem and enable positive forms of self-expression.

The Red Hook Youth Photography Project was developed in 2006 as a response to this set of needs. Over the course of a summer, young people ages 14 to 18 use photography to express their feelings and questions about the world in which they live. Program participants are trained in the technical elements of photography—camera operation and care, image editing, and photograph printing—and develop visual literacy by identifying and employing composition, framing, symbolism, mood, and gestures in images. At the end of the summer, all student portfolios are displayed in a show at the Justice Center. The display of their work gives participants an opportunity to be the subject of positive attention from their community, according to James Brodick, director of the Justice Center.

Supported by the Edith Glick Shoolman Children’s Foundation, the Youth Photography Project in its first year recruited 10 students to work three days a week for eight weeks. Over the next two years, the program’s capacity will increase to 15 and then 20 students.

The program begins with a 25-hour training that teaches youth appropriate workplace behavior, financial management, conflict resolution, and other skills. Participants receive a small weekly stipend that enables them to make a contribution to family finances and helps them begin to implement some of the financial management skills they have learned.

In 2006, classes were coordinated by a lead teacher Alice Proujansky and assistant Johanna Neufeld, who have extensive experience in arts education with youth from under-resourced areas. “Sharing and discussing their photographs helps young people develop coping behaviors like positive self-expression, constructive risk-taking, and appropriate social participation, while the photography itself provides an alternative way to communicate difficult emotions and ideas,” Proujansky said. Because some topics may spark challenging and deeply personal conversations, a Justice Center social worker participates in some class meetings and activities, and is available to the participants individually as needed. Each participant also has an individual meeting with the teachers and the social worker to identify any services or programs the young person may want or need and to provide appropriate referrals.

The program is designed to have an impact that extends beyond the eight weeks the students spend at the Justice Center. All young people who participate in a Justice Center program have life-long access to the center’s network of partnering agencies and programs, and also become eligible for a variety of services provided by the Justice Center’s Youth Court, including college prep classes and trips, summer internships, and mentoring matches. They also get to keep their digital camera, enabling them to continue their artistic work.

To view photos from the 2006 class, click here.

 

In just 10 years, the New York State Court System has launched dozens of domestic violence courts across the state—an achievement that the court system marked during a special ceremony Sept. 20, 2006.

 

The state’s first domestic violence court—the Brooklyn Felony Domestic Violence Court—opened in 1996.  The court, which was developed in collaboration with the Center for Court Innovation, was distinguished by a specially trained presiding judge and an emphasis on reaching out to potential partners, including victim advocates, batterer programs and probation officials. Researchers found that these innovations led to a reduction in probation violations, reduced dismissals and improved delivery of services to victims.

 

Today, that Brooklyn model serves as the inspiration for two kinds of domestic violence courts in New York: criminal domestic violence courts and integrated domestic violence courts. While the criminal courts handle only criminal cases, the integrated courts bring before a single judge all the cases involving an individual family, whether the cases involve criminal, civil, family, housing or matrimonial issues.

 

As New York State Chief Administrative Judge Jonathan Lippman explained, the most important goals of all the state’s domestic violence courts are “victim safety and defendant accountability.” 

 

Domestic violence courts represent “a basic change in the way we do business,” Lippman said. “It’s about not letting domestic violence victims fall through the cracks. With this and other problem-solving courts, we developed a new role for the courts, one that is less passive … The courts cannot remain passive in a world where the ills of society are reflected in the courts.”

 

Judith S. Kaye, the state’s chief judge, recalled two murder-suicides in the mid-1990s that motivated the court system “to find a better way” to deal with domestic violence.  The question court planners asked themselves, Kaye recalled, was, “How do we assure there will be a just result in every one of these heart-wrenching cases?”

 

Despite the progress of the last decade, Kaye lamented that there seems to have been no reduction in the need for orders of protection.  She noted that 1.4 million orders had been issued in the state over the last 10 years.  “Yes, we’re making a difference, but as these grim statistics remind us, our work is far from complete,” Kaye said.

 

Barry Kamins, president of the Bar Association of New York City, called the concept of the domestic violence court “a breathtaking one.” He said the courts today have changed dramatically for the better since his days as a young prosecutor when “a battered woman would appear before the judge, and the judge would ask me if there’s a relationship, as if that explained the evil that had been done… and then he’d suggest that they go home.”

 

Bronx District Attorney Robert T. Johnson noted that domestic violence crime poses unique challenges. “This crime doesn’t quite respond to the placement of a police officer in a particular location. It happens behind closed doors… Because of that, it cries out for the community and courts to do a bit more.”

 

Also speaking at the ceremony was a woman whose case had been handled by an integrated domestic violence court.  The mother of two young children talked about the abuse she suffered at the hands of her husband of 13 years.  “It started as verbal and then went to hitting, pushing, slapping… Once he had me on the floor with a knife to my throat threatening to kill me.”  Her husband restricted her access to money and the phone “to control everything I did.” Eventually, fleeing to a battered women’s shelter, she brought both criminal and custody cases in an integrated domestic violence court.  Today, she said, her life is much better. Among other things, she lives in a shelter and her children are in counseling, getting proper medical care for their asthma and have supervised visitation with their father. An order of protection is also in place.

 

Judges John Leventhal, who has presided over the Brooklyn Felony Domestic Violence Court since its inception, and Matthew D’Emic, who was appointed to the second Brooklyn Felony Domestic Violence Court in 1998, were singled out for special praise. “How lucky we were John Leventhal to have found you on day one and then his colleague Matt D’Emic,” Kaye said.

 

Speakers also highlighted the Center for Court Innovation’s role. The center, which serves as the independent research and development arm of the New York State Court System, helped develop and run the state’s first domestic violence courts and provides training and other forms of technical assistance, including evaluation services, to all the state’s domestic violence courts. 

 

Other speakers at the 10^th anniversary ceremony included Assemblywoman Helene E. Weinstein, chairwoman of the Assembly Judiciary Committee, and Yolanda B. Jimenez, commissioner of the Mayor’s Office to Combat Domestic Violence.

 

There are over 60 domestic violence and integrated domestic violence courts in operation or planning in New York, and the state has received over $5 million in federal grants to support domestic violence court operations, program development and staff.

Domestic violence court judges from across the state attended the ceremony, which was held in the Brooklyn Courthouse.

For courts with limited resources that are interested in problem-solving, Buffalo (N.Y.) City Court offers an intriguing model. With no extra funds, in 1995 the court began to identify defendants’ social problems and link them to needed services. Today, Buffalo’s innovative C.O.U.R.T.S. (Court Outreach Unit: Referral and Treatment Services) program links together more than 130 community-based providers and makes more than 6,000 referrals a year.

 

The program, a collaborative effort of Buffalo City Court and the City of Buffalo, provides judges with an on-site court-based screening and referral service. “We’re basically a treatment and communication broker for the court. And you name it, we got it. We basically can meet any need of a person who comes through the doors,” Director Hank Pirowski says. The program links individuals coming through the justice system with a full range of social services, including drug treatment, mental health treatment, medical care, anger management, family counseling, youth counseling, domestic violence and battering programming, vocational/educational services, and housing.

The idea for the program came about in 1994, when the Hon. Thomas Amodeo became chief judge for the Buffalo City Court. Frustrated by the haphazard way defendants were being placed into treatment, the lack of a centralized tracking system for the court, and increased recidivism rates driven in part by the crack epidemic, he started talking to court staff and city officials about new ways of doing business. According to Amodeo, the court had two major problems: first, reports weren’t coming back to the judge, and second, the court needed a regimented screening system to ensure that everyone who needed treatment received it.

Treatment provider Hank Pirowski spearheaded a study of how the court could best link clients to services. “That’s when we came up with this idea, to get all our partnering agencies involved,” Pirowski says. The court then called together a meeting with over 60 area providers to get them on board, explaining the concept for the program and convincing providers that if they would co-locate staff members in space provided by the court, defendants would have easier access to their treatment systems. “On the staffing side we started the program with no dollars,” Pirowski says. “Zero. I was given a closet in the courthouse that still had wash basins in it. But the city gave me a team of six people, two from the Division of Substance Abuse Services and four from the Division for Youth, and my partnering agencies donated staff at no additional cost to the court.”

Today there are 26 full- and part-time workers on site, only four of them from the Office of Court Administration. “Without the community partnership, we wouldn’t exist,” says Pirowski, who also helps oversee Buffalo’s drug court and mental health court.

C.O.U.R.T.S. staff interview defendants while in custody, relaying the information to court advocates, who make recommendations to judges. The judges make the final call on whether a defendant is appropriate for C.O.U.R.T.S. or not. Defendants referred to the program are placed with a participating member of the treatment consortium. Placement is based not on which agency performed the assessment but on the defendant’s individual needs, geographical location and ability to pay. No one is allowed to refer defendants to his or her own agency, though the judge may approve such a placement if it is clearly the best choice for the defendant. Managed care partners are on site to make the process run more smoothly. And once defendants are placed, case managers monitor defendants’ compliance with tailored, individual service plans, and report treatment outcomes to the judge.

By the summer of 2006 the C.O.UR.T.S. program had made over 40,000 referrals, and was referring 6,000 cases to social service providers each year. From 2000 to 2005, defendants completed over 75,500 hours of community service, including graffiti removal and demolition of crack houses. The value of labor contributed to the community during that time was estimated to be $453,000. The program has received the New York State Bar Association Public Service Award for the Furtherance of Justice and the U.S. Conference of Mayors’ City Livability Award.

Over the past several years, a broad consensus has emerged within the research community that adult drug courts indeed fulfill their promise of increased treatment retention rates and reduced recidivism. While it is difficult to generate exact national estimates, drug courts appear to retain from 60 to 65 percent of their participants for at least one year. This improves considerably on the 10 to 30 percent one-year retention rates that are typical of community-based treatment programs nationwide, where many participants enter voluntarily—without the pressure of a court mandate. Further, drug courts appear to average about a 15 percentage point reduction in the re-arrest rate when compared with conventional prosecution (although many drug courts have achieved considerably larger reductions). While most studies only track re-arrests over one or two years following program intake, several that track offenders over longer “post-program” periods—including studies of the Los Angeles Treatment Court, Baltimore City Treatment Court, and six New York State drug courts—have similarly found that drug courts reduce recidivism.

 

Drug court results vary considerably from site to site of course. As with many innovations showing early promise, results may decline as drug courts are institutionalized, early charismatic judges and other staff turn over, and funding resources grow more strained. Sustaining the model’s effectiveness may require a more surgical approach to research, focused less on “The bottom line”—do drug courts work?—and more on teasing out which specific components are truly essential. While to date research efforts in this area are limited, a few lessons have begun to emerge:

• Immediacy: Participants engaged early in the drug court process, often measured by whether they actually begin attending a community-based treatment program within the first thirty days after formally agreeing to enter a drug court, are more likely to be retained and have successful long-term outcomes.
• Legal Coercion: Part of the success of drug courts stems from the threat of jail for failure. However, legal coercion does not work magically on its own. Evidence indicates that drug courts elicit greater perceptions of coercion when staff conveys clearly, frequently, and specifically the exact consequences of graduating and failing (how much jail time will be served); and when participants perceive that noncompliance will be consistently and swiftly detected and enforced.
• Judicial Supervision: Biweekly judicial supervision before the drug court judge works especially well with “high-risk” participants (e.g., with those who have previous failed treatment or are diagnosed with anti-social personality disorder). Supervision that includes a great deal of positive feedback from the judge is particularly effective.
• Sanctions: Behavioral research is clear that sanctions are effective when applied consistently (in every case), fairly (everyone treated the same), rapidly (soon after the infraction), and with appropriate severity (severe enough to be undesirable but not so severe as to preclude graduating to a more severe sanction next time). The literature is limited with respect to which drug court sanctions are most effective, and under what circumstances, however.
• Rewards: The limited research that exists suggests that rewards appear to increase program retention when they are tangible and applied frequently throughout the participation process—not merely once every three or four months upon phase advancement.
• Treatment: In general, more time in treatment leads to more positive post-treatment outcomes on measures such as drug use, criminal activity, and employment. Ninety days in treatment is a critical minimum threshold, while on the other end of the spectrum, imposing excessive graduation requirements that keep participants in treatment far beyond one year may be counter-productive. While the evidence indicates that treatment can make a difference, little is known about which modalities (e.g., residential, outpatient, etc.) are most appropriate for different categories of participants.
• Graduation: Participants who reach drug court graduation are more likely to attain continued success thereafter. Can those who fail drug court nonetheless gain from the experience? Several studies suggest they cannot—that graduation is a pivotal milestone and that without it continued progress is unlikely. These findings highlight the importance for drug courts to maximize their graduation rate (again suggesting that graduation requirements should not be excessive).

Equally important as how drug courts work is for whom—which categories of defendants are especially likely to benefit. While little is known to date, three categories of defendants have emerged as likely candidates for success: (a) “high risk” defendant (e.g., more serious criminal history and weaker community ties), (b) those facing greater legal consequences for failing (e.g., those charged with more serious offenses and thus facing more potential jail time), and (c) drug offenders (i.e., as opposed to those arrested for property or other crimes, who may be driven by criminal impulses or motivations besides addiction).

 

During spring and summer 2004, focus groups were conducted among the participants and court staff in three New York State drug courts. The research was designed to provide feedback about drug court operations and to assist programs by examining the extent to which participants and staff hold comparable views about various aspects of the drug court experience. In other words, do drug court participants and court staff see eye-to-eye?

At each court, participant sessions were followed by focus groups and interviews among court staff. Participants and staff discussed a variety of topics: why participants enter and remain in drug court, views about the drug court program and staff, which components of be the program are more and less effective, the courtroom experience, and suggestions to improve the program.

Motivating the project was a recognition that drug courts are likely to be most effective when those operating programs are fully cognizant of the attitudes and experiences of program participants. Drug court staff and participants will, of course, have areas of agreement and disagreement. But it is crucial for staff to be aware of how their perceptions and attitudes might differ from participants’ so that they can most effectively manage those differences, deliver the drug court intervention, and identify areas for continuous improvement.

To ensure the anonymity of research participants, the drug courts are not individually identified in the report, which can be read in its entirety here. The report focuses on common themes and findings that emerged across sites.

Key Findings
Drug court participants and court staff generally do see eye-to-eye. In all three courts, staff were remarkably cognizant about why participants enter drug court, what they do and do not like about it, and what motivates them to remain clean and in the program. The research also made clear that these courts, to varying degrees, regularly elicit feedback from program participants and take that feedback into account when shaping policies and procedures. Staff members’ knowledge of and concern for the participant perspective likely explains in part participants’ positive impressions of the staff.

More detailed findings are below.
 

• Participants enter drug court primarily to avoid prison, not to enter treatment and get off drugs. Although some said that their opportunity to enter drug court happened at the “right time” when they wanted to enter treatment, the overwhelming majority of participants acknowledged that they entered drug court mainly to avoid going to prison. Most also felt that, although the program is nominally voluntary, they had little choice but to enter drug court—prison is viewed as an unattractive alternative. Many participants did concede that their motivation changed after being in the program for some time, and they became more concerned about completing treatment, staying clean, and improving their lives.
• Many participants do not fully appreciate what they are agreeing to when they enter drug court. Most drug court participants reported that the rules and expectations of drug court were explained to them, but it was not until they spent some time in the program and began treatment that they fully understood what they had gotten into—intensive supervision and monitoring. Drug court staff members were aware of this, and reported that they make numerous attempts to make it clear to participants what they are agreeing to at program entry. They were also aware that participants are likely to be resistant early on and that it takes time for them to adjust to the program.
• Most participants believe the rules of drug court are fair. Most participants reported that the rules of drug court are fair and felt that they are treated fairly by the treatment court team. They spoke particularly favorably about how the judge and others take participants’ “personal situations” into account when making decisions such as sanctions and phase advancement. This knowledge about participants’ lives, and capacity to use it to craft personalized responses, appears to add to drug court participants’ perceptions of procedural justice.
• Defense attorneys were not perceived as important to drug court. Many participants complained about what they felt was their defense attorneys’ lack of involvement in their case. Once again, staff members appeared aware of these concerns. Some seemed to agree that, at least after the participant enters drug court, defense attorneys are not critical to the program. Others, however, pointed out that defense attorneys have a role but that it is largely behind the scenes—in team meetings rather than open court. Drug court participants, therefore, generally do not see the work their counsel does for them, according to this argument.
• The judge is a critical component of the drug court treatment model. Both participants and staff had largely positive views about the judge in their court. While appearing before the judge can be daunting, particularly for those called up on an infraction, most participants acknowledged that the judge was fair, sympathetic, and supportive, and that having to appear before the judge helped them stick to their treatment plan.
• Heightened monitoring, drug testing, and the threat of prison are key motivators to remain clean and in the program. The threat of going to prison for failing the drug court program has a clear and powerful effect on virtually all drug court participants. Participants clearly feared incarceration and would go to great lengths to avoid it. Just as most participants entered drug court to avoid prison, so too the prospect of incarceration is a powerful motivator to keep them in the program.
• Participants also cited heightened monitoring, especially frequent drug testing, as a critical component of drug court. They differentiated drug court from previous court experiences where there was little monitoring and, thus, their continued drug use went undiscovered.
• The courtroom experience is critical to drug court participants. Drug court participants clearly personalized the experience of appearing before and speaking to the judge in court; it appears to have a powerful effect. Participants spoke about being very nervous before court appearances, particularly when they anticipated sanction or reprimand and also about the sense of satisfaction when they received positive feedback from the judge. Sitting in court and seeing other cases also appears to be effective. Participants were surprisingly cognizant that this “audience effect” is intentional and most agreed that seeing others receive praise and sanctions (particularly the latter) sends the message that “it could be me” and helps to keep them clean.
• Treatment programs were the subject of frequent complaint. In all focus groups, criticism focused on a variety of complaints about treatment programs. Participants voiced concern about the length of treatment, classes they felt were inappropriate for them, scheduling issues, and required treatment fees. Staff discussed the lack of certified treatment providers in their communities, particularly those offering programs for specialized populations, as well as the drug court’s limited ability to hold providers accountable.

Suggestions to Improve Drug Courts
The focus groups also produced a number of thoughtful suggestions from participants and staff about ways to improve their drug court programs. Participants recommended expanding the court in different ways—e.g., having more treatment providers work with the court and providing flexible scheduling of classes; enhancing access to education, employment, job training, and other services; and reimbursing for travel so participants can more easily travel between court and treatment and home. Drug court staff echoed many of these concerns, and offered other suggestions not raised by participants, including the need for more treatment services for women, non-English speakers and the dually diagnosed; more training in addiction issues for judges, attorneys, and other legal staff who work with drug courts (as well as those in other court settings); and more widely available methadone treatment.

Should problem solving be encouraged in general courts? Some may object that elements of the problem solving court model are inconsistent with conventional court processes. There are also unresolved questions. What this research project makes clear, however, is that the potential exists for problem solving to be practiced both in specialized and conventional court settings.

In recent years, an array of innovative courts has emerged throughout the country in an effort to address the underlying problems of defendants, victims and communities. Adult drug courts, which seek to break the cycle of addiction, crime, and repeat incarceration by mandating addicted defendants to treatment, were the first such innovation. The first drug court opened in Dade County, Florida in 1989; since then, more than a thousand others have opened. Analogous models have also arisen, including family and juvenile drug courts, domestic violence courts, community courts, and mental health courts. These “problem-solving” courts all attempt to use the authority of the judiciary in new ways and are characterized by a number of unique elements: a problem-solving focus; team approach to decision-making; referrals to treatment and other social services; ongoing judicial monitoring; direct interaction between litigants and judge; community outreach; and a proactive role for the judge inside and outside of the courtroom.

As the first generation of drug courts has been proven effective and received public attention and support, several states have begun efforts to institutionalize—or take to scale—problem-solving innovation throughout their court systems. For example, under the leadership of Chief Judge Judith S. Kaye, New York State has implemented adult drug courts in every New York county and has plans for implementing an “integrated” criminal/family domestic violence court in all counties by 2007.

In addition to replicating problem-solving courts, a growing number of policymakers have expressed an interest in the application of problem-solving court practices outside the specialized court setting. Among those interested are the Conference of Chief Justices and the Conference of State Court Administrators, who advocated,

where appropriate, the broad integration over the next decade of the principles and methods of problem solving courts into the administration of justice to improve court processes and outcomes while preserving the rule of law, and meeting the needs and expectations of litigants, victims, and the community.

In an effort to aid this process, the California Administrative Office of the Courts, in collaboration with the Center for Court Innovation in New York, recently conducted research to explore how court systems might integrate problem-solving court practices into conventional court operations. Focus groups were conducted with problem-solving court judges in California and New York, two states at the forefront of testing new problem-solving models. The discussions were wide-ranging but focused on which problem-solving court practices are most easily applied in conventional courts, barriers to the more widespread adoption of problem solving, and strategies to overcome these barriers. The participating judges were cautiously optimistic, identifying many opportunities to practice problem solving in mainstream courts, while raising numerous barriers as well.

Which Problem Solving Practices Can Be Integrated throughout Conventional Courts?
Focus group participants identified a number of practices they felt could be effectively applied in conventional courts, including:

• Problem-Solving Orientation. Participants felt that judges in a variety of criminal and civil court settings could be more proactive—asking more questions, reaching out to service providers, and generally seeking more information about each case. Using that information, they could craft more individualized and at times unconventional court orders.
• Interaction with Defendants/Litigants. Focus group participants considered direct engagement with defendants to be one of the easiest practices to apply in conventional courts, perhaps because it requires no additional resources. Concerns were raised that, in criminal cases, defense attorneys might prevent such interaction for fear that clients might incriminate themselves. But several judges reported that they routinely address defendants directly, with few objections from the defense bar.
• Treatment and Social Service Integration. Participants identified opportunities to integrate social service mandates (drug treatment, job training, anger management, etc.) into more areas of the conventional court process. At the same time, there was a recognition of the need for increased access to, and coordination of, services.
• Judicial Supervision. Requiring defendants to report back to court to discuss progress with court mandates was identified by participants as one of the most effective practices that could be applied in conventional criminal courts. While acknowledging the limited time available, many judges said that they have integrated ongoing supervision into their conventional court practice.
• Team-Based, Non-Adversarial Approach. There was less agreement about whether it is feasible or appropriate to lessen the adversarial nature of the conventional court process. But many judges felt that there were opportunities to craft resolutions agreeable to all parties, particularly in juvenile and family law settings, which already foster such an approach. Participants cautioned that a non-adversarial approach cannot be imposed by the judge alone but is contingent on the willingness of attorneys. They emphasized that defense attorneys in particular must come to trust that the judge will not allow such a team approach to compromise the defendant’s interests.

What Are the Barriers and How Might They Be Overcome?
Focus group participants identified two key categories of impediments to the practice of problem solving in conventional courts. The first and most significant is limited time and resources. Judges, particularly those in higher-volume jurisdictions, emphasized that they had little time for individualized attention to cases and for ongoing supervision, citing pressures to “move cases along.” Participants also noted that conventional courts lack the technology, case management staff, and other resources that help make specialized problem-solving courts effective.

Could these resource-related barriers be overcome? Some participants were pessimistic, but several strategies did emerge from the discussion. For example, judges might adopt a “triage” approach, selecting only the most appropriate cases for increased attention and ongoing judicial supervision. Also discussed were longer-term, more systemic (and costly) solutions such as establishing court-wide screening, assessment and case management systems, sharing specialized problem-solving courts’ case management resources with other courts, and developing directories of community-based service providers to inform all judges about available programs.

The second key barrier is conflicting philosophies. Many focus group participants felt that judges with a “traditional” role orientation (“deciding cases,” not “solving problems”) are unlikely to embrace problem solving. Others disagreed, arguing that problem solving is a “learned behavior” and that “exposure to the concept” is the key to changing attitudes. For this reason, many judges believed that educational efforts would be most effective with newer judges, who are less set in their philosophy and practices and more open to learning new skills. The judges conceded, however, that attitudes among longer tenured judges may be slow to change and, therefore, the widespread adoption of problem solving would inevitably be a long-term process. Participants also felt that there are many judges who would potentially be receptive to problem solving yet lack the necessary skills or are unaware of opportunities to practice it in conventional courts.

Steps were suggested to better educate the bench, such as including relevant training courses in new judge orientation and judicial college curricula. Most judges felt that it would only make a difference if these courses were mandatory to avoid a “preaching to the choir” effect. Also recommended were less formal ways that judges could be exposed to problem solving—observing specialized problem-solving courts, holding brown bag lunches to discuss relevant issues, sharing success stories. A common theme was that judges should “hear it from other judges” rather than from administrators, attorneys or academics. Focus group participants also encouraged similar training for prosecutors and defenders.

In California, there was discussion of the need for “encouragement” and “institutional validation” from presiding judges and other judicial leaders. They suggested that these leaders might encourage bench judges to practice problem solving when appropriate and to volunteer for specialized problem-solving court assignments. Focus group participants did not, however, favor mandatory assignment to these courts, fearing that an assigned judge might be hostile to the court’s goals or methods, or that too-frequent rotation might introduce discontinuity and reduce efficiency. One participant suggested that when making promotions that judicial leaders place less emphasis on traditional skills (e.g., scholarly publications or timely case flow management) and greater emphasis on solving problems.

Conclusion
Should problem solving be encouraged in general courts? Some may object that elements of the problem solving court model are inconsistent with conventional court processes. There are also unresolved questions. We do not yet know how effective problem solving might be when practiced in conventional courts, with their heavier caseloads, more adversarial process and untrained court personnel. Nor do we know what might be lost when judges and courts, rather than adopting the entire problem-solving court model, selectively apply just some of its practices and principles. What this research project makes clear, however, is that the potential exists for problem solving to be practiced both in specialized and conventional court settings.

Launched in January 2004, the Youth Justice Board brings together young people from throughout New York City to propose solutions to the public safety issues that affect them and their peers. Shocked to learn that 75% of all youth released from state custody are rearrested within three years, the sixteen Board members—drawn from high schools throughout the city—spent nine months researching the topic of juvenile reentry. They met with over two dozen city and state officials, youth workers, scholars, and even reentry youth and their family members, then spent months analyzing the data they collected, formulating policy recommendations and drafting a formal report.

Based on their interviews and research, the Youth Justice Board identified three principles that should apply to the whole reentry process:

• Early Planning
  Most juveniles who enter placement return to the same communities that they left. Placement is an opportunity to prepare the young person—and the family—to address the challenges he or she will face when released. Therefore, planning for the return home should start early—as soon as the decision is made to send the young person to placement.
• Individual Treatment
  The Youth Justice Board recommends that the key players involved with each young person meet early to create a plan that reflects his or her individual strengths and challenges. The team should include the young person, guardians, staff from the state agency responsible for placement and reentry (New York State Office of Children and Family Services, or OCFS), and a school representative.
• Coordination
  Young people in placement and aftercare come into contact with many agencies (e.g. OCFS, the New York City Department of Education, and community-based service providers), but the Board heard from several agencies that they are in the dark about what other agencies were doing. Regular meetings of all the agencies working with reentry youth would help improve communication, ensuring that youth do not fall between the cracks.

Building on these principles, the Youth Justice Board recommends the following ideas to help prevent recidivism among reentry youth:

1. Motivate young people to succeed
Ultimately, reentry youth themselves are the only ones that can improve their lives. One of the reasons youth drop out of programs and get into trouble is that they are not involved in activities they enjoy. To help reentry youth stay motivated, the Board recommends linking youth to programs they can get excited about, offering job training and links to adult mentors, in particular.

2. Help young people get in school and stay in school
Although everyone interviewed agreed that education is crucial, it is hard to get reentry youth back in school and it is hard to get them to stay in school. One Department of Education official said that the biggest barrier is “the human hurdle—no one wants them back.” The Board recommends that OCFS make a higher priority of helping young people catch up in basic reading and math skills while in placement and provide an orientation workshop once they return home to prepare students for the return to their local school. In addition, the Department of Education should match students to schools quickly, make sure credits earned in placement are transferred correctly, and create incentives for schools to accept reentry students.

3. Strengthen the relationships between family and youth
One OCFS official said that if a young person is not accepted by his or her family, he or she will hang out in the streets. He emphasized that it was important to make sure that the family is ready for the young person’s return and bring the youngster up to speed on what has occurred back home. To help address these problems, the Board recommends counseling for the family and youth together, as well as voluntary parent-to-parent support groups. In addition, to maintain communication while the young person is in custody, OCFS should make sure families have an easy way to visit placement facilities in upstate New York.

4. Improve the reentry process
The Board recommends four specific ways to improve the current reentry process:

• Share assessment information. OCFS collects a lot of information about the young person. Relevant information from these assessments should be available to the organizations that provide services to the young person.
• Track the early warning signs of recidivism. Usually there are warning signs before a young person is rearrested: he or she becomes truant, violates curfew or doesn’t attend programs. OCFS should institute a uniform system to track these warning signs and intervene before the next arrest occurs.
• Create Connection Centers. The Board recommends creating a transition facility just north of New York City that would focus on helping young people make the difficult transition from placement to home. Since it is closer to home, OCFS aftercare workers, Department of Education staff, and parents could all meet to make sure the details of the reentry plan (e.g. school placement) are in place.
• Create Welcome Centers. Once they are back home, reentry youth need a place where they can go to get reliable information about services and opportunities. Welcome Centers in their communities would have links to youth development programs, mental health and substance abuse services, job training and peer support groups.

 

Nationally, there are 27 community courts in operation across the United States. The first community court opened in midtown Manhattan in 1993. Focusing on quality-of-life offenses (drug possession, shoplifting, vandalism, prostitution, and the like), the Midtown Community Court combined punishment and help, sentencing low-level offenders to perform visible community restitution and receive on-site social services, including drug treatment, counseling, and job training. The community courts that have followed in the Midtown Court’s wake seek to achieve many goals, such as reduced crime, increased engagement between citizens and the courts, improved perceptions of neighborhood safety, and a greater level of accountability for low-level, "quality-of-life" offenders.

 

 

 

As yet, no consensus has emerged regarding how to best measure the goals of these programs, primarily due to the large variety of models adopted by different courts. To date, there are seven notable community court evaluations focusing on four community courts—Midtown Community Court, Red Hook Community Justice Center in Brooklyn, New York, Hennepin County Community Court in Minneapolis, Minnesota, and Hartford Community Court in Connecticut. This article summarizes the basic findings from these evaluations.

While sharing similar goals overall, the four community courts studied have a variety of differences, both in the types of court cases they hear and in their programmatic emphasis. It comes as little surprise that a variety of methodologies have been used to evaluate community courts. The most common is some form of community survey (e.g, phone interviews, door-to- door surveys, focus groups) designed to measure community perceptions of community court success. This was the primary method of the two Red Hook studies (Moore 2004; Frazer 2005). In addition, the studies of Hennepin (Weidner and Davis 2000; Eckberg 2001), Midtown (Sviridoff et al—Phase One, 2000; Phase Two, 2001), and Hartford (The Justice Education Center 2002) included offender interviews or focus groups and utilized stakeholder interviews to gather the perceptions and opinions of court staff and treatment providers. The two Hennepin studies and both Midtown studies also gathered administrative/court data to do larger-scale quantitative analysis. As a result, Midtown and Hennepin, unlike Hartford, have been a subject of both process and outcome evaluations. The 2000 Hennepin and Midtown studies included cost-benefit analyses as well.

What follows is a review of what the literature tells us with regard to the community courts’ success in meeting their primary goals—holding offenders to a greater level of accountability for quality-of-life crimes, increasing communication between the community and the criminal justice system, improving community perceptions of safety, increasing case processing efficiency, and reducing certain types of crimes in certain neighborhoods.

Holding Offenders Accountable
One of the original goals of the Midtown Community Court was to reduce the number of “walks” given out for quality-of-life crimes—sentences such as “time served” or a conditional discharge with no conditions. Midtown achieved this goal for all of the most common charges handled by the court—between 1 percent and 12 percent of Midtown offenders were given a “walk” for the top four charges compared to 23 percent to 55 percent of offenders whose cases were heard at Manhattan’s centralized criminal court. As such, offenders sentenced at the Midtown Community Court were at least twice as likely to receive a community or social service sentence as opposed to offenders sentenced in downtown Manhattan.

In addition to changing sentencing practice, the Midtown Court also sought to improve compliance with community-based sanctions. Researchers found that the Midtown community service compliance rate was 75 percent—about 50 percent higher than downtown, and the highest compliance rate in all of New York City.

Finally, the 2000 community survey in Hennepin reported that community members thought the most important feature of the community court was that compliance with community service sentences was closely monitored by the court (3.73 on a scale of 4.0).

Community Perceptions
Many community members in Midtown and Hennepin reported that they were willing to reallocate their tax dollars, or even pay more in taxes, to support a community court. In Midtown, 64 percent of respondents were willing to pay some amount of additional taxes to support a court with features like the Midtown Community Court. Of those willing to pay more in taxes, 52 percent were willing to pay up to $100 extra per year.

Many community members in Midtown and Hennepin reported that they were willing to reallocate their tax dollars, or even pay more in taxes, to support a community court. In Midtown, 64 percent of respondents were willing to pay some amount of additional taxes to support a court with features like the Midtown Community Court. Of those willing to pay more in taxes, 52 percent were willing to pay up to $100 extra per year.

In the 2000 Hennepin study, 66 percent of community residents who were surveyed were willing to reallocate their taxes, and 64 percent were willing to pay more in taxes to support a community court. Of those willing to pay more in taxes, 73 percent were willing to pay up to $25 more annually in taxes. Significantly, those residents who had heard of the community court or who owned their residence were most likely to be willing to contribute to the court.

The 2005 study of Red Hook, Brooklyn reported that 76 percent of respondents had a positive feeling about having a community-based court in their neighborhood. Another Red Hook study, published in 2004, documented that those who lived in public housing or who identified as “black” had more negative perceptions of their community. A similar community survey was conducted in Hennepin in 2001 and found that almost two thirds of respondents (65.6 percent) thought that the county was not harsh enough with criminals.

Processing Efficiency
The Midtown study documents speedier case processing in community court, as does the 2000 Hennepin study. In the first three years that the Midtown Court was open, the average arrest-to-arraignment time was 18.9 hours compared to 29.2 hours at the downtown Manhattan court. The Hennepin Court also achieved quicker case processing, even though more appearances were required before disposition. The average number of days from court filing to disposition was 78.9 for the Hennepin community court defendants, compared to 80 and 124 for the two comparison groups used in that study. However, from arraignment to disposition, the community court needed 6.4 appearances compared to only 3.2 and 4.2 for the comparison defendants. The authors of the Hennepin study speculate that the increased number of appearances in the community court are, in large part, due to the increased number of compliance monitoring appearances needed to hold offenders accountable.

Reduced Crime
The Midtown study is the only one to tackle the impact on crime in the community, documenting encouraging results: Prostitution arrests were down 56 percent and illegal vending arrests were down 24 percent following the opening of the community court. Data from ethnographic observations and individual interviews confirmed this drop in criminal activity. In addition, defendants who had completed at least 90 days of court-mandated drug treatment demonstrated a reduction in annual arrest rate over three years compared to prior to the Midtown intervention (2.3 annual arrests pre-Midtown versus 0.9 post-Midtown).

Cost-Benefit Analysis
The 2000 Hennepin study includes a comprehensive cost-benefit analysis. Overall, the community court was found to be more expensive than regular case processing, costing an additional net $704.52 per case, but the authors noted that there are many additional benefits that cannot be quantified in monetary value to offset the costs. The only benefit that was included is the value of community service performed by defendants. Other benefits included the improved quality of life in the neighborhood and the improved quality and efficiency of decision-making due to increased information sharing.

The Midtown study includes a cost-benefit analysis, as well, but that analysis is, by the authors’ own admission, limited due to lack of ability to quantify fully all benefits and costs. What the Midtown study did find, though, are significant monetary benefits to the court system—including approximately $100,000 in reduced costs due to decreased pre-arraignment detention, $500,000 in reduced costs due to reduced use of jail, $570,000 in future reduced costs due to reduced prostitution arrests, and $150,000 in benefits derived from the community service of defendants—for a total of approximately $1.3 million annually.

Offender Perceptions
The Hartford study included interviews with offenders to document their perceptions of their experience. Overall, offenders thought the community court was a good idea (96 percent), that their sentence was fair (73 percent), that the community court was helping Hartford neighborhoods (83 percent), and that all people were treated fairly at the community court (61 percent). Similarly, the Red Hook community survey (Moore 2004) found that the majority (56 percent) of those who had had a case at the Justice Center reported a positive experience. The Hartford offenders also thought the prosecutor was fair (76 percent) and an overwhelming majority (91 percent) thought they were treated with respect by the judge. As is typical in Connecticut for misdemeanor cases, most defendants had no legal representation (79 percent). Many thought they needed a lawyer (84 percent).

The Midtown study included interviews with female prostitutes who had been arrested and brought to the Midtown Community Court. These women had both positive and negative comments about the Court. On the positive side, they commented that, compared to the traditional downtown court, the community court processed their cases quicker, the holding cells were cleaner, the food was better, and the staff more sympathetic. On the other hand, the women complained that the alternative sentences at Midtown made it more difficult for them to “work”; furthermore, many women mentioned that they would continue to engage in prostitution, but would move out of the Midtown catchment area. (In response the Midtown Community Court made several efforts to combat the potential “displacement effect.” Most notably, the Court now handles all prostitution arrests in Manhattan.)

Both Hennepin studies included offender interviews or focus groups. The 2000 study included a handful of semi-structured interviews with defendants who had been sentenced to community-based services. These four defendants felt that the community court gave them the opportunity and the help they needed to break out of the cycle of rearrest by linking them to needed services.

Stakeholder Perceptions
The 2000 Hennepin study included focus groups and interviews with stakeholders of the community court, including staff and treatment providers. The treatment providers in particular were pleased with the court’s linking offenders to services, holding them accountable, and locating key service providers in the same building.

In Hartford, staff felt that reacting strongly to quality-of-life crimes prevents future offenses because offenders know these actions are going to be taken seriously. Similar to Hennepin, Hartford staff liked the balance between punishment and help and thought accountability was important. Overall, Hartford staff thought the community court provides an “opportunity for a second chance” with “a client-centered” social service delivery system. The Hartford study also included interviews with staff that documented the implementation challenges and barriers in opening an innovative program within the criminal justice system.

Conclusion
As the community court model spreads across the country, it is important for the evaluation literature to catch up. There are several methodologies highlighted here, but, to date, no one single study has covered all aspects of evaluation—process evaluation, outcome evaluation, community impact survey, offender perceptions, and cost-benefit analysis. The Midtown and Hennepin evaluations come the closest but are now several years old. Future analysis should seek to give a more comprehensive picture of these complex projects.

References
Eckberg, Deborah, 2001, Hennepin County Community Justice Project: Summary Report of Short-Term Evaluation, Hennepin County District Court Research Department.

Frazer, M. Somjen, 2005, Op Data, 2004: Red Hook, Brooklyn, Center for Court Innovation.

Goldkamp, J., D. Weiland, and C. Irons-Guynn, 2000, Developing an Evaluation Plan for Community Courts: Assessing the Hartford Community Court Model, Crime and Justice Research Institute.

Malkin, Victoria, 2003, Community Courts and the Process of Accountability—Means to What End? (unpublished paper).

Moore, Kelli, 2004, Op Data, 2001: Red Hook, Brooklyn, Center for Court Innovation.

The Justice Education Center, Inc, 2002, Evaluation of the Hartford Community Court, The Justice Education Center, Inc.

Sviridoff, M., D. Rottman, B. Ostrom and R. Curtis, 2000, Dispensing Justice Locally: The Implementation and Effects of the Midtown Community Court, Harwood Academic Publishers, Amsterdam.

Sviridoff, M., D. Rottman, R. Weidner, F. Cheesman, R. Curtis, R. Hansen, and B. Ostrom, 2001, Dispensing Justice Locally: The Impacts, Cost and Benefits of the Midtown Community Court, Center for Court Innovation.

Weidner, R., and C. Davis, 2000, Benefits and Costs of the Hennepin County Community Court—A Preliminary Analysis, Institute on Criminal Justice, University of Minnesota Law School.