A Solution Focused Criminal Justice System Tackling overloaded criminal dockets Justice Kofi Barnes [email protected] 02/01/20
Solution Focused Approach Collaboration of stakeholders Solution Focused Skills Workshop One component of a multipronged strategy 02/01/20
COMMON THEMES A matter of degree Together but Separate Adjudicative and Solution Focused 02/01/20
COMPREHENSIVE ASSESSMENT WHY? ASSESSMENT: DRUG INVOLVEMENT MEDICAL ISSUES PSYCHIATRIC
STATUS EMPLOYMENT AND FINANCIAL STATUS FAMILY AND SOCIAL STATUS EARLY INTERVENTION
TREATMENT PLAN HOLISTIC TEAM APPROACH Collaborative Approach Communication Common goal Regular status meetings
NON ADVERSERIAL COLLABORATION/TEAM WORK SANCTIONS AND INCENTIVES COMMUNITY PARTNERSHIPS
CASE MANAGEMENT MONITORING FLEXIBILITY, CREATIVITY & INNOVATION Ability to adjust to address needs of target population
02/01/20 Justice Actor as Coach 02/01/20 A Solution Focused Approach
Some Examples 02/01/20 ANDREW Possession of an illegal drug
Single No previous criminal record 02/01/20
DIVERSION Referral to substance abuse treatment Charges withdrawn 02/01/20
DOROTHY Possession of illegal drug Assault pushed sister when high on drugs 02/01/20
RESTORATIVE JUSTICE Mediation with sister Drug treatment Charges withdrawn 02/01/20
ANTONIO 27 years old Selling illegal drugs .01grams to undercover police officer Selling to support drug habit
homeless 02/01/20 ANTONIO Plead guilty
Referral to drug treatment Regular accountability/motivational appearances before judge Compliance testing No jail upon completion 02/01/20
DRUG TREATMENT COURTS Drug Treatment Courts
Underlying problem is drug addiction Integration of drug addiction treatment and legal case processing
Judicial supervision Holistic rehabilitation Non custodial sentence GEORGE 47 year old
Possession of illegal drug for personal use Hearing voices drug use to block out voices Unemployed Single 02/01/20
GEORGE Referral to mental health treatment Close collaboration between mental health treatment and court processes No jail or other disposition
02/01/20 Mental Health Courts Mental Health Courts
Expedite assessment of Mental illness Sensitive to impact of court process on mentally ill
Treatment of mental illness over punitive measures FREDRICK 42 years old
Possession of illegal drug Pushes wife when high on drugs Has a drinking problem 02/01/20 DENIAL
FREDRICK Victim mediation Partner Response Program No jail 02/01/20
Domestic Violence Courts Domestic Violence
Account for the complexities of violence between intimates Rapid case processing Monitor offenders closely to ensure compliance with
treatment and other orders ROBERTO 25 years old Selling .01g of illegal drug to support
his drug addiction. Stole Rolex watch from high end jewelry store Aboriginal background and culture 02/01/20 ROBERTO
Referral for treatment Targeted culturally appropriate healings plans 02/01/20
Aboriginal Courts
Take into account circumstances and cultural background Provide courtroom sensitive to aboriginal culture Provide a court
environment sensitive to Aboriginal culture Consider alternative to incarceration CEDRIC 17
years old Possession of an illegal drug Painting graffiti on glass windows of small businesses 02/01/20 CEDRIC
Referral to drug treatment Submit some painting in support of Small Business Association community beautification project Job training No jail
02/01/20 Community Courts Community Courts
Rehabilitation of the offender through the betterment of his community psychosocial interventions such as
job training and drug treatment SANDRA 17 years old Possession of illegal drug
Stole food from grocery store homeless 02/01/20 SANDRA Participation
in drug treatment program Multidisciplinary team of rehabilitative actors Youth focused Strength based approaches No jail
02/01/20 Juvenile Drug Treatment Courts Different Strategy from Adults 02/01/20 DAVID
34 years old Armed Robbery Drug addict 02/01/20
Skills Workshop Justice Kofi Barnes [email protected] SOLUTION FOCUSED JUDGING Post Adjudication 02/01/20
DAVID Trial conviction Incarceration 3 years Rehabilitative interventions while in custody
Solution focused interventions post custody 02/01/20 IMPROVED OUTCOMES&COST SAVINGS Guiding Principles
Accountability through proportionate responses related to degree of maturity and degree of responsibility
Reintegration and rehabilitation of accused persons Comprehensive assessment 02/01/20 Guiding Principles
Referral to programing to address underlying cause of problematic behavior 02/01/20 Underlying Causes
Family dysfunction Poverty Learning disability 02/01/20
Underlying Causes Substance abuse/drug addiction Mental illness Fetal Alcohol Syndrome
02/01/20 Proportionate response Seriousness of offence & degree of responsibility 02/01/20
Guiding Principles Measures of accountability should be proportionate to degree of seriousness of the offence and accused persons role in it
02/01/20 Guiding Principles
Effective compliance monitoring strategies A coordinated strategy governs response to accused persons compliance and non-compliance with mandated interventions Interactions between accused and system actors must be meaningful 02/01/20
Guiding Principles Partnerships among courts, treatment and rehabilitation programs, public agencies and community based organizations to generate local support and enhances program effectiveness
02/01/20 Guiding Principles
Ongoing case management providing the social support necessary to achieve social reintegration Appropriate flexibility in adjusting program content, to better achieve program results. 02/01/20 Guiding Principles
Strategies to reduce delay in extrajudicial and court interventions using evidence based interventions Strategies to increase system effectiveness
Community, Family, Government and Private Sector partnerships to deliver appropriate interventions 02/01/20 Collaborative Approaches Conferencing
02/01/20 Collaborative Responses Collaborative Responses utilized at all aspects of
justice system where issues of guilty or liability have been resolved Collaborative Responses constitute various degree of hybridization of traditional court processes with solution focused (problem solving) court strategies. 02/01/20
Collaborative Responses Collaborative responses are called conferencing Conferencing: a multidisciplinary collaboration of varying degrees designed to achieve holistic rehabilitation outcomes.
02/01/20 A range of responses Creative - continuum options Non custodial custodial - hybrid 02/01/20
Guiding Principles Access to a continuum of interventions/programs intended to promote accountability, meaningful consequences and holistic rehabilitation
02/01/20 Range of Options
Family counseling/ Parenting classes Substance abuse treatment Mental illness Victim Offender Mediation 02/01/20 Guiding Principles
Extrajudicial (Diversion) interventions should be utilized whenever appropriate Collaborative approaches, where appropriate, to all aspects of the justice system
02/01/20 Extrajudicial Measures Out of court measures
Used when adequate to hold person accountable 02/01/20 objectives
Repairing harm caused to victim and community Involve victims, family and community where appropriate Address young persons needs 02/01/20
Guiding Principles Swift, certain and consistent responses for noncompliance or compliance Continuing interdisciplinary education to promote
effective planning, implementation and increases successful outcomes 02/01/20 Guiding Principles
Monitoring and evaluation processes measure the achievement of program goals and gauge effectiveness 02/01/20 Guiding Principles
A climate that promotes and rewards effective innovation A mechanism to identify, evaluate and disseminate effective new and old ideas system wide
02/01/20 TRIUMPH OF THE HUMAN SPIRIT
