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30 Fordham Urb. L.J. 1055 (2002-2003)
Therapeutic Jurisprudence and Problem Solving Courts

handle is hein.journals/frdurb30 and id is 1097 raw text is: THERAPEUTIC JURISPRUDENCE AND PROBLEM SOLVING COURTS Bruce J. Winick* 1. PROBLEM SOLVING COURTS: A TRANSFORMATION IN THE JUDICIAL ROLE In the past dozen or so years, a remarkable transformation has occurred in the role of the courts.' Courts traditionally have func- tioned as governmental mechanisms of dispute resolution, resolv- ing disputes between private parties concerning property, contracts, and tort damages, or between the government and an individual concerning allegations of criminal wrongdoing or regula- tory violations. In these cases, courts typically have functioned as neutral arbiters, resolving issues of historical facts or supervising juries engaged in the adjudicatory process. Recently, a range of new kinds of problems, many of which are social and psychological in nature, have appeared before the courts. These cases require the courts to not only resolve disputed issues of fact, but also to attempt to solve a variety of human problems that are responsible for bringing the case to court. Tradi- tional courts limit their attention to the narrow dispute in contro- versy. These newer courts, however, attempt to understand and address the underlying problem that is responsible for the immedi- ate dispute, and to help the individuals before the court to effec- tively deal with the problem in ways that will prevent recurring court involvement. The new courts, increasingly known as problem solving courts,2 are specialized tribunals established to deal with specific problems, often involving individuals who need social, mental health, or sub- stance abuse treatment services. These courts also include criminal cases involving individuals with drug or alcoholism problems, * Professor of Law, University of Miami School of Law. Comments or ques- tions for the Author should be addressed to bwinick@aw.miami.edu. 1. Leonore M. J. Simon, Proactive Judges: Solving Problems and Transforming Communities, in THE HANDBOOK OF PSYCHOLOGY IN LEGAL CONTEXTS (David Car- son & Ray Bull eds., forthcoming) (manuscript at 4-7, on file with author). 2. CONFERENCE OF CHIEF JUSTICES & CONFERENCE OF STATE COURT ADM'RS, CCJ RESOLUTION 22 & COSCA RESOLUTION 4: IN SUPPORT OF PROBLEM-SOLVING COURTS (2000) [hereinafter CCJ RESOLUTION 22 & COSCA RESOLUTION 4], at http:/ /cosca.ncsc.dni.us/Resolutions/resolutionproblemsolvingcts.html (last visited Mar. 15, 2002). 1055

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