COMMENT: REDEFINING CRIMINAL COURTS: PROBLEM-SOLVING AND THE MEANING OF JUSTICE * Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2004 American Criminal Law Review
American Criminal Law Review

COMMENT: REDEFINING CRIMINAL COURTS: PROBLEM-SOLVING AND THE MEANING OF JUSTICE *



* This essay is a comment on James Nolan, Redefining Criminal Courts: Problem-Solving and the Meaning of Justice, 40 am. crim. L. rev. 1541 (2003).

Summer, 2004

41 Am. Crim. L. Rev. 1313

Author

Greg Berman *

Excerpt

The central argument of James Nolan's "Redefining Criminal Courts: Problem-Solving and the Meaning of Justice" seems to be that problem-solving courts have become so blinded by the seductive rhetoric of "therapeutic jurisprudence" that they have lost sight of fundamental legal principles like due process and proportionality. 1 At the heart of Nolan's critique is the concern that, if the advocates of problem-solving courts have their way, treatment will somehow come to replace fairness as a central value of the American justice system. 2

To illustrate his point that problem-solving courts are attempting a "radical judicial reorientation," 3 Nolan cites a number of harrowing stories from the frontlines of American drug courts -- stories of judges coercing defendants into treatment, of courts that use Orwellian doublespeak when sanctioning offenders, of drug court advocates seeking to extend the authority of the court into the homes of drug court participants. The cumulative impact of these anecdotes is to paint a dire portrait of drug courts. Indeed, reading Nolan, one might easily conclude that drug courts are, to quote from another critic, a "caricature of a courtroom, in which judges are anything but impartial, defense lawyers are virtually invisible, prosecutors are making most of the decisions about who may or may not participate . . . and service providers are the primary information source." 4

As Nolan's stories of bullying judges and the importation of twelve-step vocabulary into the courtroom make clear, it is possible to find some examples ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities