Mental Health and the Judiciary: A Mixed Methods Study of Behavioral Health Court Dockets

• In Event: Prosecutorial Decision-making and Alternatives to trial 2. Emerging Issues in the Prosecutorial Process

Abstract

U.S. localities have taken varied approaches to addressing the growing intersection of mental health challenges and the criminal justice system. One such initiative has been the implementation of behavioral health court dockets. These dockets consistently attempt to take a problem-solving approach as they divert individuals away from the traditional court processes. However, they vary widely across localities, such as in the types of charges that exclude client participation and how they attempt to create, and help clients along, treatment pathways.

This mixed methods study critically analyzes how these dockets operate, why they operate in that manner, how they vary across jurisdictions, and their impact on communities. The quantitative portion of the study involves the use of court data to analyze the types of charges individuals on the dockets face, how the cases vary by locality, and potential variance across defendants' racial identity. The qualitative portion of the study involves semi-structured interviews with members of behavioral health court docket teams. Directed content analysis of the interviews illuminates important context on the structural factors shaping behavioral health court docket variances across jurisdictions, the impact of these dockets on their local communities, perceptions of docket efficacy, and the future of how the judiciary handles mental health challenges.

The results provide important context on the operation and impact of behavioral health court dockets in the U.S. and their role in addressing the growing criminalization of mental illness. For example, results from the quantitative analysis revealed significant variance in whether dockets considered clients charged with ‘assault against law enforcement’. The qualitative interviews revealed docket officials having to navigate local and state political concerns regarding charges of this nature. This presentation will detail the other major results of this study and its policy implications.

Author

• Steven Keener, Christopher Newport University