Introduction
The United States justice system is complex and made up of multiple parts that work together to ensure that justice prevails. One of the most notable elements of the system is the courts. The courts dispense justice by gauging facts against local, state, and federal laws. There are several types of courts including but not limited to traditional and specialty courts. Traditional courts are well-known, structured, and functions independently of the other arms of government. Specialty courts combine a social aspect when dispensing justice but they also maintain their independence. However, unlike traditional courts that deal with various judicial matters, specialty courts focus on addressing a single problem. This research will expound on what specialty courts are and the reason for their creation. In addition, the research will explain how a specific specialty court in Texas functions, the programs attended by individuals under this court jurisdiction, and the program’s success rate. Finally, the research paper will focus on rights changes for victims. In particular, special attention will be paid to Marcy’s law and the Victim’s Bill of Rights.
Specialty Courts and Their Purpose
Specialty courts are justice system institutions that focus on problem-solving by analyzing and acting on the root cause of a crime. These courts provide specialized services to residents of a particular jurisdiction. Their genesis can be traced to the passage of the Community mental health center Act which led to the closure of state psychiatric facilities and the devolvement of this function at the community level. One of the negative consequences of the closure of the state psychiatric facilities is that patients with several mental health issues would be transferred to county and state jails leading to one of the worst jail living conditions in the developed world (Godoy, et al, 2022). Consequently, that justice was effectively and efficiently served to people who needed it the most, specialty courts were established. Unlike traditional courts, specialty courts of people-centered and focused on rehabilitation and not punishment.
Specialty court functions by identifying issues that face a particular population and working to address them. The focus of these courts is on the underlying behavior that led one to commit a crime. Subsequently, their interventions are aimed at rehabilitating the true course of the crime which ultimately recidivism. Some of the most common specialty courts in the US include the drug, veterans, mental health, and domestic violence courts (Godoy, et al., 2022). Each of these courts deals with victims and perpetrators of specific crimes. For example, the domestic violence court deals exclusively with victims and perpetrators of domestic violence. The courts are best described as problem-solving courts where employees of the justice department in conjunction with mental health professionals and social workers work for the benefit of the victim and the perpetrator. Therefore, specialty courts’ primary function and the reason they were created is to reduce recidivism by addressing the root causes of specific crimes in particular areas.
Specialty Courts in Texas
Like other states in the US, Texas has specialized courts that cater to the specific needs of certain groups of victims and perpetrators. In particular, the specialized courts in Texas include the public safety employee’s treatment court, family court, mental health court, veterans court, and a court that caters to the needs of sexually exploited victims. These courts derive their funding from the state budget and the fines imposed on perpetrators. Specialty courts in the state provide specific services to the residents such as addiction treatment in exchange for going to jail. For example, in Jefferson County, Texas, an individual who opts to treat their addiction must complete a rigorous program before they are deemed fit to resume their normal life. In particular, an individual must complete a 12-24 months program that includes showing up in court regularly, not being rearrested during that period, being sober throughout, and submitting to a regular blood test for drugs.
On the successful completion of the program, the offender is given the right to petition the court not to disclose the particulars of the case that made them join the specialty court program. Due to their limited focus, specialty courts in Texas serve high-need individuals suffering from substance abuse or behavioral problems that lead them to commit crimes. Officials in Texas credit low levels of recidivism, producing upright and law-abiding citizens, and leading to safer communities (Thielo, et al, 2019). To increase the effectiveness of the justice system, these courts target individuals with two specific characteristics. The first characteristic is that the individual’s crime must be such that normal prison supervision cannot help in their rehabilitation. The second and final characteristic is that the individual target for the program must exhibit signs of a clinical disorder.
Due to their focus on people, specialty courts have a higher rate of success than traditional courts. The specialty court programs are successful compared with other programs. For example, Jefferson County graduates from the drugs program have a rearrest rate of 24 percent compared with a rearrest rate of 44 percent for people who do not participate in the program (Thielo, et al., 2019). Therefore, the specialty court program is a success when compared to the traditional courts and the normal criminal justice system processes. For example, in Barron County, Wisconsin, a drug court helped a serial drug addict and criminal named Rick mend his ways. Rick had a total of 33 convictions and he had served several jail sentences that together accumulated to four years (Hazelden Betty Ford Foundation, n.d). After joining the program, Rick was able to break his addiction cycle and gain custody of his daughter.
Marcy’s law and the Victim’s Bill of Rights
Marcy’s law provides victims with several rights including the right not to be humiliated or treated with disrespect, the right to privacy, and the right to be treated with fairness throughout the court process. The Marcy’s laws were a response to a brutal killing of a girlfriend and sought to add additional constitutional protections for victims across all 50 states. In particular, the law added other rights which were not guaranteed earlier. Some of those rights include the right to be notified of proceedings, the right of the victim to be heard throughout the trial, and protection from the accused. Others include the right to be notified of a release or escape, the right to refuse to be interviewed, and the right to restitution (Janzen, 2020). The Victims’ Bill of Rights is an extension of the rights offered to a victim during detention and trial. Thus, the Victim’s Bill of Rights and Marcy’s law complement each other.
Conclusion
The specialty court program is one of the most successful programs in the criminal justice system in the US. The program focuses on resolving criminality by focusing on eliminating the root causes of specific crimes such as domestic abuse, drug abuse, and others. Programs in the specialty courts have largely been successful because of their focus on the people and their insistence on rehabilitation and treatment of the root cause rather than punishment and retribution. Over the years, the US justice system has tried to increase its efficiency and impact on the population. The specialty courts represent one way that has proven effective and efficient in the delivery of justice.
References
Godoy, S. M., Perris, G. E., Thelwell, M., Osuna-Garcia, A., Barnert, E., Bacharach, A., & Bath, E. P. (2022). A systematic review of specialty courts in the United States for adolescents impacted by commercial sexual exploitation. Trauma, Violence, & Abuse, 15(2) 483-521
Hazelden Betty Ford Foundation. (n.d). Drug court success stories reduce the cycle of addiction, crime. Hazeldon.Org, Web.
Janzen, E. (2020). The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act. Man. LJ, 43, 85.
Thielo, A. J., Cullen, F. T., Burton, A. L., Moon, M. M., & Burton, Jr, V. S. (2019). Prisons or problem-solving: Does the public support specialty courts? Victims & Offenders, 14(3), 267-282.