Problem-Solving Courts

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Schaefer, L
Egan, C
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Camilleri, Marg

Harkness, Alistair

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2023
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Abstract

This chapter considers the catalyst for developing specialist problem-solving courts across Australia. It charts their emergence and assesses their evolution from tentative beginnings to the critically important role they play within the contemporary criminal justice system. Use of the term ‘problem-solving’ is, in itself, somewhat controversial, as these courts might be better considered as ‘problem-oriented’ to reflect that they cannot solve the causes of criminal behaviour. Australia has observed an ‘Americanisation’ of these specialty courts: this somewhat confused identity creates challenges and warrants change. It describes the potentially coercive nature of participation in problem-solving courts and the contentious sentencing practices that undergird them. There are multiple complexities and therefore challenges inherent in the contemporary operationalisation of problem-solving courts, including equity of access; resourcing issues; and case co-ordination hurdles. In order to ‘solve problems’ related to offending, problems must be better defined, access increased and solutions better resourced.

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Australian Courts: Controversies, Challenges and Change

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1st

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Law and legal studies

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Schaefer, L; Egan, C, Problem-Solving Courts, Australian Courts: Controversies, Challenges and Change, 2023, pp. 197-214

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