TITLE

PROPORTIONAL RESPONSE: THE NEED FOR MORE-- AND MORE STANDARDIZED--VETERANS' COURTS

AUTHOR(S)
Arno, Claudia
PUB. DATE
August 2015
SOURCE
University of Michigan Journal of Law Reform;Summer2015, Vol. 48 Issue 4, p1039
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, "diversionary" programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans' courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide monitoring, training, and occupational and psychological counseling in lieu of imprisonment. Because these veterans' courts have been created on an ad hoc, state-by-state basis, it remains unclear exactly how such courts should be implemented in order to be most effective. This Note argues that the evidence currently available suggests that veterans ' courts are a good policy choice, in that they can have a positive impact on state criminal systems by reducing recidivism among offenders and by conserving state resources. Accordingly, this Note argues, states should pursue diversionary programs for at least some subset of U.S. veterans because: (1) the U.S. government has already invested significant resources in training veterans and helping them to develop skills; (2) in many cases the behavior that leads to a veteran being incarcerated stems at least in part from service-related trauma, suggesting that addressing the trauma may correct the behavior; and (3) as a matter of equity, those who have served in defense of the United States may be due special consideration in light of their special sacrifices. This said, given the difficulties inherent in determining which veterans, in which cases, should be afforded the benefits of these diversionary programs, that there is no coordinated state action in this area, and that many of the potential benefits of veterans' courts can best-- or perhaps only-- be realized through a standardized, uniform model, the federal government should promulgate standards for implementing such programs in state court systems.
ACCESSION #
108491731

 

Related Articles

  • Analysis of Competing Risks in the Federal Home Confinement Program. Gowen, Darren // Journal of Offender Monitoring;Summer/Fall2001, Vol. 14 Issue 3/4, p5 

    The article investigates various dimensions of program failure risk in the federal home confinement programs in the U.S., especially the time dimension as it relates to the legal status of participants and program outcome. The study used a data set of 6,897 federal home confinement programs and...

  • THE NATURE AND EFFECTIVENESS OF CORRECTIONAL TECHNIQUES. CRESSEY, DONALD R. // Law & Contemporary Problems;Autumn1958, Vol. 23 Issue 4, p754 

    The article analyzes the nature and effectiveness of the correctional techniques which are being used for criminals in the U.S. As stated, in the country the principal societal reaction to criminality has been punitive and to satisfy the reaction the government intentionally inflicts pain on the...

  • SOME REFLECTIONS ON THE ROLE OF CORRECTIONAL RESEARCH. SCHNUR, ALFRED C. // Law & Contemporary Problems;Autumn1958, Vol. 23 Issue 4, p772 

    The article analyzes the significance of research on correctional techniques. It is stated that, correctional research can help in indicating the implications, the consequences, the costs, and the compatibility of possible correctional decisions. However, as stated, there is a lot of...

  • Assessing the Effectiveness of Correctional Sanctions. Cochran, Joshua; Mears, Daniel; Bales, William // Journal of Quantitative Criminology;Jun2014, Vol. 30 Issue 2, p317 

    Objectives: Despite the dramatic expansion of the US correctional system in recent decades, little is known about the relative effectiveness of commonly used sanctions on recidivism. The goal of this paper is to address this research gap, and systematically examine the relative impacts on...

  • Principles of effective assessment for community corrections. Gendreau, Paul; Goggin, Claire // Federal Probation;Sep96, Vol. 60 Issue 3, p64 

    Discusses the principles of effective assessment for community corrections. Clinical and actuarial models for assessing and predicting human behavior; Predicting criminal behavior; Special offender populations.

  • Looking Back to See the Future of Punishment in America. Tonry, Michael // Social Research;Summer2007, Vol. 74 Issue 2, p353 

    The article traces the history of the criminal punishment system in the U.S. since the 1970s. It compares the system of punishment in the U.S. to European countries, along with descriptions on the crime rate situation in each country. It describes the punitive law, practices and beliefs in the...

  • The Myth of a Fair Criminal Justice System. Robinson, Matthew; Williams, Marian // Justice Policy Journal;Mar2009, Vol. 6 Issue 1, p1 

    This paper examines whether the belief that the US criminal justice system is fair is a myth. After an introduction of the criminal justice system and its goals, we turn to possible sources of unfairness in criminal justice, including the criminal law, definitions of crime, policing, courts, and...

  • THE PSYCHIATRIC APPROACH TO CRIME AND CORRECTION. GUTTMACHER, MANFRED S. // Law & Contemporary Problems;Autumn1958, Vol. 23 Issue 4, p633 

    The article analyzes the place of psychiatrics in crime and correction. It is stated that, since psychiatrists can recognize the welter of antisocial impulses occurring in noncriminal individuals, so they have a peculiarly tolerant attitude towards criminal behavior. As stated, the views of...

  • A CRITIQUE OF THE PSYCHIATRIC APPROACH TO CRIME AND CORRECTION. HAKEEM, MICHAEL // Law & Contemporary Problems;Autumn1958, Vol. 23 Issue 4, p650 

    The author argues against the use of psychiatric approach in the field of crime and correction. It is stated that, psychiatrists have been trying to extend the scope and power of their influence in legal fields like, administration of justice, the disposition of offenders, and the policies and...

Share

Read the Article

Courtesy of NEW JERSEY STATE LIBRARY

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics