Problem-Solving Courts, Questionnaire Example

Introduction

The introduction of problem solving courts to compliment the roles of traditional courts in handling problems that affect the society was one of the best steps in the judicial system. The bottom line of every court system in the judiciary is to eliminate crime and ensure that low and order is upheld. This therefore means that traditional courts and problem solving courts share more similarities than differences.

It is within the grasps of justice for a court to eliminate a social problem that may cause havoc in the society or interfere with the socioeconomic development of the people. It is in the light of this fact that problem solving courts identifies the root course of the problem and solves it. McMichael, (2011) posits that problem solving courts are the best courts for solving problems that face the members of the society and embracing elements of creativity and innovation.

Berman, (2009) in his view posits that problem solving courts have been effective due to the fact that it emphasize on the results whereby the court process is expected to produce reliable and positive results for the victims or the offenders. It aims the promoting safety in the community by the eliminating the root course of the problem. The judge is interested in behavioral change than issues such as compensations. The court also works collaboratively with the external members that are interested and may be affected by the problem at hand. Studies also show that many people believe that problems solving courts are less adversarial as compared to the traditional court system.

The judge also works with the community members to get reliable and adequate information that can be used to screen and assess the client during the court process. The judge is more involved in the issues affecting the client and develops good problem solving techniques to handle the problem that is affecting the client. The noticeable differences between problem solving courts are exhibited in the operational modalities, for instance, in a problem solving court, the defendant is denoted as the client of the court unlike the traditional courts where the defendant may be referred by terms such as victims or suspects. The judge has adequate information on the client and is allowed to interact and talk freely with the client. The judge may also order the client to get treatment as the proceedings continue to avoid interruptions of the proceedings.

The philosophical element that underpins the difference between problem solving courts and the traditional courts is founded in the spirit of the judgment. Unlike the traditional where the judgment is meant to punish the offender and file for compensations, judgments in problem solving courts are aimed at correcting the client and recommend the best ways to change his or her behavior in the society. The court also aims at finding lasting and reliable solutions that will not only help the client but society at large. Studies show that problem solving courts are likely to be effective in eliminating crimes and drug abuse in the society since they aim at uprooting the course of the problem (Wolf, 2012).

References

Berman, G. (2009). The Case For Problem-solving Justice, ISBN 1-56584-973-6, published by Center for Court Innovation in 2005.

McMichael, ( 2011). “The Battle on the Home Front: Special Courts Turn to Vets to Help Other Vets”. ABA Journal. Retrieved 16 March 2012.

Wolf, R. (2012). “Principles of Problem Solving Justice”. Bureau of Justice Assistance. ISBN 1-56584-973-6.