Does Treatment Matter? An Examination of Procedural Justice and its Variation Within One Problem-Solving Court

• In Event: The Impact of Specialized Courts

Abstract

Within the past decade, there has been considerable growth in the utilization of problem-solving courts. Today, there are over 4000 problem-solving courts nationwide, with many more being added each year. One of the central components of problem-solving settings is their focus on procedural justice. The fair treatment of defendants has been viewed as a critical component in the functioning of these courts. This presentation will focus on emerging research examining procedural justice practices within a new problem-solving court in New York. This court has been modeled and adapted based on other problem-solving courts and represents some of the most recent innovations within the field. This research seeks to examine the utilization of procedural justice within this setting. Current research has found that the practices that courts engage in regarding procedural justice can vary substantially over the life of a case. Depending upon the case characteristics, it is presumed that there will be differences in the application of procedural justice within this setting. Using data from structured observations, this presentation will explore how demographics, case characteristics, and extra-legal factors impact the facilitation of procedural justice within this court. This presentation aims to encourage further research into procedural justice within legal settings.

Author

• Anthony Azari, Rutgers University