Domestic violence and dependency courts: the Greenbook demonstration experience

This field study reports on a cross-site evaluation of dependency courts in communities receiving federal funding to implement the Greenbook initiative, a multisite demonstration for community improvement of coordinated responses to families victimized by domestic violence and child maltreatment. This article focuses on the dependency court, where child maltreatment cases are heard, specifically court participation in collaborative activities and court practice improvements. Findings indicate that perceptions of judicial leadership varied considerably by site. Cross-training appeared to increase over time, particularly with court staff. Collaborative efforts emerged across the Greenbook initiative with regard to the courts, and some innovative practices appeared within Greenbook sites, such as separate case plans for perpetrators and victims of violence in families, reducing the likelihood of controversial failure to protect charges. Results also highlight challenges inherent in changing court practices. Research and practice implications are discussed, focusing on relevance to other communities attempting to work collaboratively with the court system.     

Developmental incompetence to stand trial in juvenile courts

Juveniles' competency to participate in delinquency proceedings has received increased attention in recent years. Developmental incompetence, whereby juveniles' incompetency is based upon their immaturity, as opposed to a mental disorder or developmental disability, is an evolving and important aspect of this area of law. The following paper reviews theories used to support the notion of developmental incompetence, as well as the extant empirical research on juveniles' competency-related abilities. Using a LexisNexis search, statutory and case laws pertaining to juvenile competency were identified across the 50 states and the District of Columbia. Only six states clearly allow developmental incompetence, whereas 17 have laws that do not include developmental immaturity as an acceptable basis of incompetence in juvenile courts. Developmental incompetence is likely to affect a relatively small proportion of juvenile cases, but has important implications for juvenile forensic practice. Recommendations are offered for forensic practitioners conducting this type of evaluation.     

Achieving justice for children: public defenders in Israel's juvenile courts

In 1999, public defender (PD) representation of defendants appearing before Israel's juvenile courts began to be phased in. This article reports some of the major findings of a study that examined the impacts of the introduction of PDs. Analysis of interviews with 14 PDs yielded four major themes concerning the impact of the "arrival" of PDs, nature of the court, PDs' role, and PDs' interactions with other court actors. Analysis of interviews with eight prosecutors yielded seven themes concerning the need for PDs, PD as state agent, PDs' role, harms of legalization, disruption of the court, compromising the therapeutic value of the court hearing, and changes in court process. More generally, both PDs and prosecutors placed uncritical store in the value of rehabilitation alternatives. Indeed, the welfare model continues to shape their roles. The findings can largely be explained in terms of Eisenstein and Jacob's courtroom workgroup model.     

Procedural justice at German courts as seen by defendants and juvenile prisoners

The article summarizes German research on procedural and distributive justice at criminal courts. The first German field studies addressing these topics are presented. Procedural justice characteristics like neutrality, courtesy, equal consideration of evidence, voice, and fairness of procedural rules are relevant for Germans. A study on juvenile prisoners shows no support for equity theory and some for the Group Value model. Lay assessors receive positive evaluations by juvenile prisoners.     

Analytic methods for examining race and ethnic disparity in the juvenile courts

Prior studies of juvenile court decision making and racial disparity are often criticized for their lack of methodological rigor. These studies are criticized for focusing their analyses on separate decision-making stages and not taking into account issues that are related to sample selection. This research attempted to address these issues through an analysis of juvenile court case records from the state of Hawaii. Different limited dependent variable models were used to estimate ethnic disparity in juvenile court outcomes. Comparisons of models according to the Bayesian Information Criteria (BICs) are used to assess the overall fit of these models. The findings indicate few substantive differences across models and a general leniency of the court in favor of White youth. The findings do reveal that there are differences in the accuracy with which these models predicted juvenile court outcomes. The usefulness of this method of model comparison for disparity research is discussed.     

Manifestation determination: rulings of the courts

A legal history of the logic behind the manifestation determination meeting was compiled based on a review of the literature. In addition a search of the Individuals with Disabilities Education law Reporter (IDELR) was conducted to identify manifestation determination cases decided after 1994 and before 2003. This time frame gave an indication of the rulings before and after the 1997 IDEA enactment, in order to examine the impact of these regulations. The result of this research indicates that more cases went to hearing after the 1997 enactment. School districts rely on administrative professionals to be aware of the legal procedures regarding manifestation determination decisions and that eighty nine out of ninety nine cases where decided strictly on these procedural issues. It also indicated that the school is not following correct procedures on nearly 50% of the cases that were reported.     

Occupational health ethics: OSHA and the courts

Recent court decisions have stressed the necessity for cost-benefit analysis in evaluating Occupational and Safety Health Administration (OSHA) standards, thus raising difficult ethical questions which this paper analyzes using classical approaches of deontology and teleology. Since both modes of analysis have deficiencies, the need for a synthesis using economic and noneconomic measures is suggested.     

Assessing the effectiveness of drug courts on recidivism: A meta-analytic review of traditional and non-traditional drug courts

Purpose

The objective of this research was to systematically review quasi-experimental and experimental evaluations of the effectiveness of drug courts in reducing offending.

Methods

Our search identified 154 independent evaluations: 92 evaluations of adult drug courts, 34 of juvenile drug courts, and 28 of DWI drug courts. The findings of these studies were synthesized using meta-analysis.

Results

The vast majority of adult drug court evaluations, even the most rigorous evaluations, find that participants have lower recidivism than non-participants. The average effect of participation is analogous to a drop in recidivism from 50% to 38%; and, these effects last up to three years. Evaluations of DWI drug courts find effects similar in magnitude to those of adult drug courts, but the most rigorous evaluations do not uniformly find reductions in recidivism. Juvenile drug courts have substantially smaller effects on recidivism. Larger reductions in recidivism were found in adult drug courts that had high graduation rates, and those that accepted only non-violent offenders.

Conclusions

These findings support the effectiveness of adult drug courts in reducing recidivism. The evidence assessing DWI courts' effectiveness is very promising but more experimental evaluations are needed. Juvenile drug courts typically produce small reductions in recidivism.     

Advisability of substance abuse testing in parents who severely maltreat their children: the issue of drug testing before the juvenile/family courts

The authors discuss the advisability of juvenile courts requiring urine testing for parents who severely maltreat (abuse and/or neglect) their children. While urine testing for substance abuse is not sufficient to ensure adequate treatment, it is important as part of the overall substance abuse treatment in a selected group of parents. An objective of this article is to offer specific urine testing guidelines in the context of child maltreatment cases in which the court considers removing children from parental custody to state custody. Although potentially useful, urinalysis to detect abused substances has limitations and is appropriate only in well-defined situations. Effective treatment of the substance-abusing, child-maltreating parent must be multimodal, with treatment of substance abuse as the first and most important step.     

Mental health courts: serving justice and promoting recovery

This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the same Constitutional protections.