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This solution-focused approach tackles overloaded criminal dockets through collaboration among stakeholders. It includes comprehensive assessment, early intervention, treatment plans, community partnerships, case management, and non-adversarial collaboration.
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A Solution Focused Criminal Justice SystemTackling overloaded criminal dockets Justice Kofi Barnes Kofi.barnes@scj-csj.ca
Solution Focused ApproachCollaboration of stakeholdersSolution Focused Skills Workshop One component of a multipronged strategy
COMMON THEMES A matter of degree
Together but Separate Adjudicative and Solution Focused
WHY? ASSESSMENT: DRUG INVOLVEMENT MEDICAL ISSUES PSYCHIATRIC STATUS EMPLOYMENT AND FINANCIAL STATUS FAMILY AND SOCIAL STATUS
TEAM APPROACH Collaborative Approach Communication Common goal Regular status meetings
NON ADVERSERIAL COLLABORATION/TEAM WORK
FLEXIBILITY, CREATIVITY & INNOVATION Ability to adjust to address needs of target population
A Solution Focused Approach Some Examples
ANDREW • Possession of an illegal drug • Single • No previous criminal record
DIVERSION • Referral to substance abuse treatment • Charges withdrawn
DOROTHY • Possession of illegal drug • Assault – pushed sister when high on drugs
RESTORATIVE JUSTICE • Mediation with sister • Drug treatment • Charges withdrawn
ANTONIO • 27 years old • Selling illegal drugs .01grams to undercover police officer • Selling to support drug habit • homeless
ANTONIO • Plead guilty • Referral to drug treatment • Regular accountability/motivational appearances before judge • Compliance testing • No jail upon completion
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
GEORGE • Referral to mental health treatment • Close collaboration between mental health treatment and court processes • No jail or other disposition
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
FREDRICK • Victim mediation • Partner Response Program • No jail
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
ROBERTO • Referral for treatment • Targeted culturally appropriate healings plans
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
CEDRIC • Referral to drug treatment • Submit some painting in support of Small Business Association community beautification project • Job training • No jail
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