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Position Paper on Problem-Solving Courts (1999)

This foundational COSCA paper, originally presented in August 1999 under the title Position Paper on Therapeutic Courts, explores the emerging role of courts in therapeutic justice. It outlines the philosophical and operational shift courts face when engaging with drug courts, mental health courts, and other specialized dockets that focus on treatment and behavior change. The paper presents a balanced examination of the advantages (such as reduced recidivism and improved public trust) and disadvantages (such as concerns over judicial neutrality and resource strain), while offering recommendations for how courts can lead, adapt, and collaborate in the development of problem-solving models.

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