FROM THE BOOKBrainStormer, Dealing logically, ethically, and efficiently with the mentally vulnerable and those with addictive tendencies (What is wrong with the criminal justice system and how to fix it) by Cindy Stormer
CHAPTER FIFTY-SIXWHAT JUDGES CAN DO“Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially.”
Socrates
Be patient. Be kind. Have empathy. If you do not – who will?
Judges are in a unique position to build partnerships between the stakeholders. Judges can take the leadership role and get programs started. Judges can bring together other judges; law enforcement officials; elected officials; jail administrators; mental health, health and other service providers; prosecutors; defense attorneys; probation officials foundation program officers; housing and social service providers; consumers; family members; victim advocates Veterans Health Administration’s coordinators, benefits specialists, etc. And it is the court that can hold these entities to a higher standard of care.
Judges can influence oversight of social service agencies, i.e. a call from a judge to a government supported service provider will receive top priority from that organization.
Judges can hold defendants accountable for participating in programs that address their mental health and substance use treatment needs.
Judges can establish formal agreements. Memoranda of understanding (MOUs) are formal agreements between public service agencies that can facilitate service delivery through cooperative efforts.
Prioritize scarce resources. Review resources to avoid duplications. Judges can encourage mentors to volunteer for the programs for the much needed peer support for participants. Offer rewards and positive reinforcement. Use progressive sanctions: consider requiring the participant/defendant to write an essay (if the crime would merit such a mild sanction). If they fail, then consider community service. Use jail as a last resort.
Information is your ally, so share it. Develop information-sharing protocols and flow charts mapping participants. Consequences should be clearly stated in written court policies, manuals, and handbooks.
Study the work of the drug courts and adapt that science to as many of your cases as you can.[1] Develop the workforce. Ensure that participants conducting specialty courts have received the appropriate training. Staff participation in continuing education workshops is the greatest predictor of a program’s effectiveness.[2] It takes time and effort for judges to do their jobs most effectively.
Secure new resources on the local, State, federal and private level (SAMHSA, Bureau of Justice BJA).
Judges can ensure that best practices are being followed. Understand that basic needs must be met first, i.e. housing before counseling, trauma based counseling before substance abuse counseling; treatment of the mental or substance abuse issue before employment or dental care.
Do too little and they get worse. Don't do enough and they get worse. Demand too much and they get worse. Expect too little and they get worse (habituation). If this sounds too overwhelming, just remember to have them evaluated by a mental health professional. To avoid damaging individuals, have the mental health professionals give you (1) a risk/needs assessment and (2) distinguish proximal and distal goals.
Understand that proximal goals are those that the participants are already capable of performing and necessary for long term goals to be accomplished. Distal goals are ultimately desired but will take time to accomplish.
Cases must be appropriate analyzed by asking the following:
Who is the person in terms of risk (prognosis) and need (diagnosis)?
Where is the participant (phase of the program)?
Which behavior are we responding to (proximal or distal)?
What is the response choice and magnitude?
How do we explain and deliver the response?
Judges can monitor that individuals are placed in the appropriate categories (or quadrants of high risk, low risk, high needs, low needs). Don't mix individuals with high risk with those of high needs. You will permanently make low risk people worse. High risk people prey on those with high needs (sexually abuse them, sell or provide them drugs, etc.).
With low risk/low needs individuals you can threaten to put them in jail for their first abuse of drugs. They need zero tolerance and drug education. They are most like us. Individuals in the other three categories need a different approach.
With proximal goals you must sanction high, and reward low (remember they are capable of performing now). With distal goals you must sanction low and reward high.
Treatments must be in the correct order or you make things worse. Then you are engaged in malpractice. Treat in this order of needs:
While those with substance abuse and unresolved trauma must have their trauma treated before they receive substance abuse treatment (or you are wasting your time and money on the substance abuse treatment), mental illness and substance abusers must be treated concurrently and not consecutively.[3]
Three indicators of substance abuse addiction (you just need one)
Ask the people who know them if these are the issues in that person’s life.
Turn tax burdens into tax payers. Spend at least three minutes in each court proceeding looking the defendant in the eye and sincerely asking them how they are doing. Do not respond angrily to participants. This can be damaging to those who have suffered trauma, childhood abuse or neglect or those who suffer from PTSD. Ask them how they are doing. Ask questions like: are you having any problems with medicine/treatment/probation/etc. Listen to what the participants have to say. Avoid downward communication.
Catch the participant/defendant doing something good. Recognize and reward good behavior. Commend good behavior. Verbal praise and reduced supervisory obligations can have a positive effect. Building confidence and self-esteem are critical to treatment. Check the status of the participants (with status hearings if possible, as is done in successful drug courts). It is best if this is done electronically in order that automated summary reports may be generated. Data must be entered timely, and when the events occur. Medicare, for instance, requires physicians to document services within twenty-four to forty-eight hours. For a low cost evaluation, consider asking a local college or university to conduct an evaluation of your court. A student might do this as a thesis or dissertation. Encourage law schools and police academies to teach the information contained herein.
Above all-care. Treat the participants in your court with dignity and respect. Many of these individuals before you have never had someone to care for them. The chance to be a hero for most people may only happen once in a lifetime, a Judge however may have several opportunities. Witness a miracle.
[1] Obtain Douglas B. Marlowe, J.D., Ph.D, and Judge William Meyer The Drug Court Judicial Benchbook National Drug Court Institute’s (2011) and learn the science to apply to all cases where applicable.
[2] Adult Drug Court Best Practice Standards Vol. II (National Association of Drug Court Professionals 2015) p. 47.
[3] Adult Drug Court Best Practice Standards Vol. II (National Association of Drug Court Professionals 2015) p. 13.
CHAPTER FIFTY-SIXWHAT JUDGES CAN DO“Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially.”
Socrates
Be patient. Be kind. Have empathy. If you do not – who will?
Judges are in a unique position to build partnerships between the stakeholders. Judges can take the leadership role and get programs started. Judges can bring together other judges; law enforcement officials; elected officials; jail administrators; mental health, health and other service providers; prosecutors; defense attorneys; probation officials foundation program officers; housing and social service providers; consumers; family members; victim advocates Veterans Health Administration’s coordinators, benefits specialists, etc. And it is the court that can hold these entities to a higher standard of care.
Judges can influence oversight of social service agencies, i.e. a call from a judge to a government supported service provider will receive top priority from that organization.
Judges can hold defendants accountable for participating in programs that address their mental health and substance use treatment needs.
Judges can establish formal agreements. Memoranda of understanding (MOUs) are formal agreements between public service agencies that can facilitate service delivery through cooperative efforts.
Prioritize scarce resources. Review resources to avoid duplications. Judges can encourage mentors to volunteer for the programs for the much needed peer support for participants. Offer rewards and positive reinforcement. Use progressive sanctions: consider requiring the participant/defendant to write an essay (if the crime would merit such a mild sanction). If they fail, then consider community service. Use jail as a last resort.
Information is your ally, so share it. Develop information-sharing protocols and flow charts mapping participants. Consequences should be clearly stated in written court policies, manuals, and handbooks.
Study the work of the drug courts and adapt that science to as many of your cases as you can.[1] Develop the workforce. Ensure that participants conducting specialty courts have received the appropriate training. Staff participation in continuing education workshops is the greatest predictor of a program’s effectiveness.[2] It takes time and effort for judges to do their jobs most effectively.
Secure new resources on the local, State, federal and private level (SAMHSA, Bureau of Justice BJA).
Judges can ensure that best practices are being followed. Understand that basic needs must be met first, i.e. housing before counseling, trauma based counseling before substance abuse counseling; treatment of the mental or substance abuse issue before employment or dental care.
Do too little and they get worse. Don't do enough and they get worse. Demand too much and they get worse. Expect too little and they get worse (habituation). If this sounds too overwhelming, just remember to have them evaluated by a mental health professional. To avoid damaging individuals, have the mental health professionals give you (1) a risk/needs assessment and (2) distinguish proximal and distal goals.
Understand that proximal goals are those that the participants are already capable of performing and necessary for long term goals to be accomplished. Distal goals are ultimately desired but will take time to accomplish.
Cases must be appropriate analyzed by asking the following:
Who is the person in terms of risk (prognosis) and need (diagnosis)?
Where is the participant (phase of the program)?
Which behavior are we responding to (proximal or distal)?
What is the response choice and magnitude?
How do we explain and deliver the response?
Judges can monitor that individuals are placed in the appropriate categories (or quadrants of high risk, low risk, high needs, low needs). Don't mix individuals with high risk with those of high needs. You will permanently make low risk people worse. High risk people prey on those with high needs (sexually abuse them, sell or provide them drugs, etc.).
With low risk/low needs individuals you can threaten to put them in jail for their first abuse of drugs. They need zero tolerance and drug education. They are most like us. Individuals in the other three categories need a different approach.
With proximal goals you must sanction high, and reward low (remember they are capable of performing now). With distal goals you must sanction low and reward high.
Treatments must be in the correct order or you make things worse. Then you are engaged in malpractice. Treat in this order of needs:
- Clinical disorders - medications
- Responsive - treatments
- Maintenance - housing, hygiene, family support, nutrition, medical, dental, social services, and then employment .If you try to put them in jobs before treatment, you are just adding one more job to their list of lost jobs.
While those with substance abuse and unresolved trauma must have their trauma treated before they receive substance abuse treatment (or you are wasting your time and money on the substance abuse treatment), mental illness and substance abusers must be treated concurrently and not consecutively.[3]
Three indicators of substance abuse addiction (you just need one)
- Triggered binge pattern
- Cravings or compulsions
- Withdrawal symptoms
Ask the people who know them if these are the issues in that person’s life.
Turn tax burdens into tax payers. Spend at least three minutes in each court proceeding looking the defendant in the eye and sincerely asking them how they are doing. Do not respond angrily to participants. This can be damaging to those who have suffered trauma, childhood abuse or neglect or those who suffer from PTSD. Ask them how they are doing. Ask questions like: are you having any problems with medicine/treatment/probation/etc. Listen to what the participants have to say. Avoid downward communication.
Catch the participant/defendant doing something good. Recognize and reward good behavior. Commend good behavior. Verbal praise and reduced supervisory obligations can have a positive effect. Building confidence and self-esteem are critical to treatment. Check the status of the participants (with status hearings if possible, as is done in successful drug courts). It is best if this is done electronically in order that automated summary reports may be generated. Data must be entered timely, and when the events occur. Medicare, for instance, requires physicians to document services within twenty-four to forty-eight hours. For a low cost evaluation, consider asking a local college or university to conduct an evaluation of your court. A student might do this as a thesis or dissertation. Encourage law schools and police academies to teach the information contained herein.
Above all-care. Treat the participants in your court with dignity and respect. Many of these individuals before you have never had someone to care for them. The chance to be a hero for most people may only happen once in a lifetime, a Judge however may have several opportunities. Witness a miracle.
[1] Obtain Douglas B. Marlowe, J.D., Ph.D, and Judge William Meyer The Drug Court Judicial Benchbook National Drug Court Institute’s (2011) and learn the science to apply to all cases where applicable.
[2] Adult Drug Court Best Practice Standards Vol. II (National Association of Drug Court Professionals 2015) p. 47.
[3] Adult Drug Court Best Practice Standards Vol. II (National Association of Drug Court Professionals 2015) p. 13.
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4455 Camp Bowie Blvd. Ste 114, Fort Worth, Texas 76107
4455 Camp Bowie Blvd. Ste 114, Fort Worth, Texas 76107