What's So Special about Specialized Courts? The State and Social Change in Salt Lake City's Domestic Violence Court

The nationwide growth in specialized or problem‐solving courts, including drug courts, community courts, mental health courts, and domestic violence courts, among others, raises questions about the role of the state with respect to social change. According to social control theories of the state, especially theories of technocratic or rationalized justice, law is increasingly about efficiency, speed, and effectiveness. Specialized courts, however, take on a social problem approach to crime, seeking to address crime's “root causes” within the individual, the society, and the larger culture in ways more characteristic of social movements. Are specialized courts about social control or social change? This study examines state action in a specialized court in domestic violence in order to examine this question. I focus on a domestic violence court that arose in February 1997 and four years later employed full‐time judges, prosecuting and defense attorneys, and numerous other staff to handle all misdemeanor domestic violence cases in Salt Lake County, Utah. I ask how legal, political, and community officials justify the court and its operation in order to examine some important issues about the role of the state and social change. Ultimately, I suggest that my findings about the complementary roles of social control and social change within domestic violence courts have implications not only for critical theories of technocratic justice and for the battered women's movement but also for democratic theories of the state.     

Problem‐Solving Courts: A Brief Primer

This essay traces the history of problem‐solving courts (including drug courts, community courts, domestic violence courts and others), outlines problem‐solving principles, and answers a basic set of questions about these new judicial experiments: Why now? What forces have sparked judges and attorneys across the country to innovate? What results have problem‐solving courts achieved? And what – if any – trade‐offs have been made to accomplish these results?     

Judicial Monitoring of Compliance: Introducing 'Problem Solving' Approaches to Domestic Violence Courts in England and Wales

This article examines the development of specialist domesticviolence courts. It overviews the features of ‘problemsolving’ courts and considers the extent to which thefledgling domestic violence courts in England and Wales areadopting the problem solving approaches found in some specialistcourts in the United States of America. Whilst noting some ofthe successes of the first seven domestic violence courts inEngland and Wales, the article concludes that more effectiveinterventions in domestic violence cases can be achieved throughgreater involvement of the judiciary in ongoing monitoring ofthe defendant’s compliance with court ordered perpetratorprogrammes.     

Creating Justice Through Balance: Integrating Domestic Violence Law into Family Court Practice

Freedom from domestic violence is a central right that will be realized through a transformation of culture. Law, embedded within the evolving cultural transformation, plays a necessary, though not sufficient, role in social change. This article reviews the development of family and domestic violence law. It compares and contrasts the core precepts of family and domestic violence jurisprudence with resulting practice and policy ramifications arising from the inherent substantive tensions. Finally, critical civil legal system actors, courts, and attorneys are challenged to apply and practice domestic violence law in the struggle to afford justice for all.     

ROMANCING THE COURT

Problem‐solving courts, created at the end of the twentieth century, make court‐based solutions central to addressing significant societal problems, such as substance abuse and its impact on criminal activity and family functioning. Yet, lessons gleaned from over 100 years of family court history suggest that court‐based solutions to intractable social problems have rarely been effective. This article asks three questions of the problem‐solving court movement: What problem are we trying to solve? Is the court the best place to solve the problem? What are the consequences of giving authority to a court for solving the problem? Answering those questions through the lens of specific examples from family court—the original problem‐solving court—leads to the conclusion that neither the structural issues that courts face, such as overwhelming numbers of cases, nor the momentous societal issues that problem‐solving courts have recently begun to shoulder can be adequately addressed through court‐based solutions. The factors that allegedly distinguish new problem‐solving courts from earlier exemplars, especially the family court, are both less unique and less successful than they have been portrayed by problem‐solving court enthusiasts. These factors alone fail to justify the expansion of problem‐solving courts without further evidence of their effectiveness. Moreover, the potential dangers inherent in problem‐solving courts are not theoretical. By examining illustrative examples from the history of the family court, the dangers become clearly apparent.     

Combating Violence against Women in India: Nari Adalats and Gender-Based Justice

Using qualitative methodology—field observations and in-depth interviews—the study examines the role of Mahila Samakhya (a group advocating women's equality) and Nari Adalats (informal women's courts) in India in combating violence against women. Interviews were conducted with members of a Mahila Samakhya in the southwest state of Karnataka and complainants who appeared before Nari Adalats. Nari Adalats in Karnataka are an innovation of Mahila Samakhya, a Government of India development program. The results indicate that Nari Adalats exercise broad authority to investigate and dispose of a wide range of domestic violence cases in India. The Mahila Samakhya serves as an advocacy group and provides shelter, legal assistance, and social help as well as education for victims of domestic violence.     

The Greenbook and the Overrepresentation of African American,Hispanic, and Native American Families in the Child Welfare System

Effective Intervention in Domestic Violence & Child Maltreatment Cases: Guidelines for Policy and Practice (the Greenbook) provided a valuable framework for child welfare agencies, domestic violence agencies, and the courts to work together to address the co‐occurrence in families of child maltreatment and domestic violence. It did not specifically address the overrepresentation of families of color in the child welfare system or the disparity of outcomes for these families. Yet the Greenbook’s approach to systems change can be used as a foundation to implement strategies to reduce overrepresentation and to improve safety, permanency, and stability for children and families.     

IMPROVING THE ENFORCEMENT OF RESTRAINING ORDERS AFTER CASTLE ROCK V. GONZALES*

After the U.S. Supreme Court's decision in Castle Rock, reliance on domestic violence restraining orders does not offer the solution in and of itself. Our legal system needs to provide greater protection for victims of domestic violence. This note explores ways to use risk assessment tools to augment restraining orders, in addition to examining integrated domestic violence courts that take a proactive approach to aiding victims of abuse.     

FAMILY COURT IMPROVEMENT AND THE ART OF GRANTSMANSHIP: A JUDGE'S PERSPECTIVE

Many American courts face funding obstacles as they try to create and implement unified family court processes that have not been part of the traditional family court adversarial process. To create new staff positions, build and equip adequate facilities, and create and implement innovative programs, grant funding may be available to supplement what local and state governments provide. While social science research confirms that children are adversely affected by exposure to high‐conflict family litigation and domestic violence, many communities have few affordable and available resources to address these issues. This article presents lessons and principles that one court learned as it applied for a grant to design programs for high‐conflict families and families with domestic violence history.     

Social problem solving,anxiety, and depression in adult male prisoners

Objectives. Social problem‐solving ability has been identified as a significant mediator between stressful life‐events and psychological distress in community samples. This study examined the relationships between social problem solving, anxiety, and depression in adult male prisoners. The hypothesis was that a negative problem orientation (NPO) would be the strongest predictor of anxiety and depression. Methods. Participants (N=68) completed the Social Problem‐Solving Inventory–Revised: Short Version (SPSI‐R:S) and the Hospital Anxiety and Depression Scale (HADS). Results. NPO was found to be the sole predictor of anxiety and depression. Conclusion. NPO includes feelings of nervousness, threat, and fear in response to problems. In a prison setting, this may serve to protect the individual against conflict with and abuse by dominant others. However, high levels of fear and anxiety may be disabling both for coping with imprisonment and for effective participation in rehabilitation programmes. While this raises issues regarding prison cultures and the damage imprisonment may cause to individuals, it also indicates that interventions to assist some prisoners to cope are required.     

Specialised domestic violence courts in Canada and the United States: Key factors in prioritising safety for women and children

ABSTRACT

This paper reviews the response of specialised domestic violence courts in Canada and the United States to contact disputes where there are allegations of domestic violence. It begins with a discussion of legal reforms responding to domestic violence in Canada and the United States, including the different types of DV courts and their rationales, key features, merits and drawbacks. Evaluations of Integrated DV courts in the United States and Canada are then reviewed. The research shows that although IDV courts hold more promise to deal with contact disputes given their inclusion of family law matters, there are few studies analysing the impact of IDV courts on these disputes, and some suggest these courts may actually increase contact and hence the potential for safety issues to arise. The final section discusses the strengths and weaknesses of IDV courts in relation to contact disputes, identifying the factors that make these specialised courts more or less successful in prioritising safety and minimising harm for women and children.     

Against the Grain: Therapeutic Judging in a Traditional Family Court

The last several decades have seen a proliferation of specialized courts, including within the family court system, that deviate from the adversarial model, and that rely on therapeutic jurisprudence and other problem‐solving techniques. Whether and how traditional family courts can incorporate the best practices of these specialized courts is a largely understudied area. Drawing from ethnographic observations of a traditional urban family court, this study finds that some judges are able to transform nontherapeutic courtrooms into therapeutic ones despite obstacles. These “against the grain” actors, who act contrary to the institution's dominant norms and practices, demonstrate how therapeutic jurisprudence and other problem‐solving techniques can be utilized in traditional courtrooms.     

Introduction: Problem‐Solving Courts

Problem‐solving courts have become a significant feature of the U.S. justice system, and their popularity appears to be growing internationally with courts under way or in development in countries such as Australia and Great Britain. Drug courts are the most visible type of problem‐solving court, but other varieties are beginning to take hold. Mental health courts, domestic violence courts, and community‐based courts among others are beginning to handle a considerable portion of the legal workload in many jurisdictions. Criminal law violations as well as neighborhood conflicts and interpersonal disputes are increasingly being referred to problem‐solving courts rather than to traditional criminal or civil courts.     

Crawford v. Washington One Year Later: Its Practical Effects in Child Abuse and Domestic Violence Cases

A year after the United States Supreme Court decided Crawford v. Washington, 541 U.S. 36 (2004), the maelstrom that many legal scholars anticipated has failed to materialize. Crawford's abrogation of Ohio v. Roberts, 448 U.S. 56 (1980), and its articulation of the new standard for determining when the Sixth Amendment's Confrontation Clause applies to out‐of‐court statements, has had less effect than some predicted, regarding which statements are admissible and which are excluded. This article explores Crawford's practical effect as courts around the country have applied it, particularly in the context of child abuse and domestic violence cases.     

Therapeutic Jurisprudence in Practice: Changes in Family Treatment Court Norms Over Time

Family treatment court (FTC) is an example of an increasing number of problem‐centered courts currently operating in the United States. Problem‐centered courts such as FTC encompass the ideas of therapeutic jurisprudence but operate within the broader court system. Presented are the results of an FTC case study that seeks to understand the evolution of courtroom norms and practice over time. Observations of courtroom interactions and interviews with courtroom personnel show that initial observations are consistent with the ideals of therapeutic jurisprudence. However, over time, daily demands and pressures on the courtroom undermine the therapeutic approach.     

Specialized Domestic Violence Courts

Abstract

The multimethod study assesses the perceptions of specialized domestic violence courts' processes with victims' experiences as the central focus. Perceptions of the traditional courts and specialized domestic violence courts are compared among victims, courtroom police, attorneys, judges and victim advocates. Domestic violence education among attorneys, judges, and victim advocates is also compared. Despite the intended improvements with the specialized court model, victims report similar problems in both court models. Safety and victims support among respondents is mixed. Professionals from the specialized court receive no more domestic violence education than those from the general court. Victims' and courtroom police recommendations are presented.     

Exposure Reduction or Retaliation? The Effects of Domestic Violence Resources on Intimate‐Partner Homicide

Rates of homicide involving intimate partners have declined substantially over the past 25 years in the United States, while public awareness of and policy responses to domestic violence have grown. To what extent has the social response to domestic violence contributed to the decline in intimate‐partner homicide? We evaluate the relationship between intimate‐partner homicide and domestic violence prevention resources in 48 large cities between 1976 and 1996. Controlling for other influences, several types of prevention resources are linked to lower levels of intimate‐partner homicide, which we interpret in terms of their capacity to effectively reduce victims' exposure to abusive or violent partners. Other resources, however, are related to higher levels of homicide, suggesting a retaliation effect when interventions stimulate increased aggression without adequately reducing exposure. In light of other research on deficiencies in accessing and implementing prevention resources, our results suggest that too little exposure reduction in severely violent relationships may be worse than none at all.     

The Agencies of Abuse: Intimate Abusers' Experience of Presumptive Arrest and Prosecution

Presumptive arrest and prosecution policies are designed to eradicate domestic violence by disrupting abusive relationships and transforming the subjectivities of victimized women and abusive men. Using in-depth interviews with 30 persons arrested and prosecuted for domestic violence, this article examines the power of presumptive policies by exploring how intimate abusers experience them. The study finds that while the police and courts are able to secure arrests and convictions on domestic violence cases, nearly all the respondents in this study understand their punishments as unfair sanctions meted out by an unjust local legal system rather than as the consequences of their own actions. These injustice claims emerge from abusers' group identities as well as the very practices through which the police and courts gain authority over them. These findings demonstrate that the power of the law as a force for social change may be more limited than some have claimed. In addition, they reinforce calls to reform society's response to intimate violence through procedures that can go further in empowering victims and having offenders recognize their responsibility for violence.     

Fifty Years After the 1967 Crime Commission Report

In the 50 years since the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson issued its report, feminist activism and both feminist and mainstream research have resulted in defining domestic violence (DV) as a social problem. This awareness of the seriousness and expansiveness of DV has spurred the development of unprecedented programs and policies. Although DV policing changes have been significant, so too have been the development of and changes in safehouses, no‐drop court policies, domestic violence courts, community‐coordinated responses, and batterer intervention programs. In this article, we review the nonpolice responses to DV cases and outcomes and provide recommendations. First, research and policies need to more regularly be aimed at addressing victims’ safety and their diverse needs and experiences. Second, assessments should include addressing the processing of these cases through the impact of responses by individual community and criminal legal system actors (e.g., victim advocates, police, prosecutors, and judges) to victims and offenders.     

INTIMATE PARTNER VIOLENCE IN U.S. METROPOLITAN AREAS: THE CONTEXTUAL INFLUENCES OF POLICE AND SOCIAL SERVICES*

Although community responses to the problem of intimate partner violence typically focus on increasing and improving policing and social services, few studies have examined the relationship among police force size, social service providers, and women's safety at home. To address this issue, we use data from the National Crime Victimization Survey to examine patterns of intimate partner violence for 40 metropolitan statistical areas (MSAs) over a 16‐year period (1989–2004). We analyze the data using three‐level multilevel models, with individual respondents (N = 487,166) nested within years, nested within MSAs. Net of other important individual and contextual factors, the results show that women's likelihood of victimization is significantly lower in MSAs that employ more sworn officers per capita, whereas the states’ mandatory arrest laws are not found to have significant independent effects. Above and beyond the effects of police force size, we also find a significant negative relationship between the size of the social service workforce and intimate partner violence. Future research should develop collaborative data collection efforts to examine the specific activities of police and social service workers in dealing with intimate partner violence so that the mechanisms underlying these significant relationships can be understood more clearly.