Skip to main content

Main menu

  • Home
  • Current Issue
  • Ahead of Print
  • Past Issues
  • Info for
    • Authors
    • Print Subscriptions
  • About
    • About the Journal
    • About the Academy
    • Editorial Board
  • Feedback
  • Alerts
  • AAPL

User menu

  • Alerts

Search

  • Advanced search
Journal of the American Academy of Psychiatry and the Law
  • AAPL
  • Alerts
Journal of the American Academy of Psychiatry and the Law

Advanced Search

  • Home
  • Current Issue
  • Ahead of Print
  • Past Issues
  • Info for
    • Authors
    • Print Subscriptions
  • About
    • About the Journal
    • About the Academy
    • Editorial Board
  • Feedback
  • Alerts
Article CommentaryAnalysis and Commentary

Expanding Therapeutic Jurisprudence Across the Federal Judiciary

Benjamin A. Barsky, Heather Ellis Cucolo and Dominic A. Sisti
Journal of the American Academy of Psychiatry and the Law Online November 2020, JAAPL.200040-20; DOI: https://doi.org/10.29158/JAAPL.200040-20
Benjamin A. Barsky
Mr. Barsky is a Ph.D. Student in Health Policy at Harvard University, Cambridge, MA, and Legal Research Fellow at the Scattergood Program for Applied Ethics of Behavioral Health Care, University of Pennsylvania, PA. Ms. Cucolo is Distinguished Adjunct Professor of Law, New York Law School, New York, NY. Dr. Sisti is Assistant Professor, Department of Medical Ethics & Health Policy, Perelman School of Medicine, University of Pennsylvania, Philadelphia, PA.
JD, MBE
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
Heather Ellis Cucolo
Mr. Barsky is a Ph.D. Student in Health Policy at Harvard University, Cambridge, MA, and Legal Research Fellow at the Scattergood Program for Applied Ethics of Behavioral Health Care, University of Pennsylvania, PA. Ms. Cucolo is Distinguished Adjunct Professor of Law, New York Law School, New York, NY. Dr. Sisti is Assistant Professor, Department of Medical Ethics & Health Policy, Perelman School of Medicine, University of Pennsylvania, Philadelphia, PA.
JD
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
Dominic A. Sisti
Mr. Barsky is a Ph.D. Student in Health Policy at Harvard University, Cambridge, MA, and Legal Research Fellow at the Scattergood Program for Applied Ethics of Behavioral Health Care, University of Pennsylvania, PA. Ms. Cucolo is Distinguished Adjunct Professor of Law, New York Law School, New York, NY. Dr. Sisti is Assistant Professor, Department of Medical Ethics & Health Policy, Perelman School of Medicine, University of Pennsylvania, Philadelphia, PA.
PhD
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
  • Article
  • Figures & Data
  • Info & Metrics
  • PDF
Loading

Article Figures & Data

Tables

    • View popup
    Table 1

    Examples of State Problem-Solving Courts in the United States

    Problem-Solving CourtState Example and Description
    Adult Drug CourtsNew York: Defendants with “charges where drug addiction is a component of their offense may be eligible to participate in a criminal [drug treatment court] program. Those who successfully complete their drug treatment court program may have their charges dismissed or reduced or may receive a reduction in their sentence.”79
    Veterans Treatment CourtsMichigan: Veterans treatment court “uses a hybrid integration of drug court and mental health court principles” and “promote sobriety, recovery, and stability through a coordinated response that involves collaboration with the traditional partners found in drug courts and mental health courts.”80
    Juvenile Drug CourtsCalifornia: “Juvenile drug court programs provide the intensive judicial intervention and intensive community supervision of juveniles involved in substance abuse that is not generally available through the traditional juvenile court process.”81
    Family Drug CourtsWashington: “A family dependency treatment court is a juvenile or family court docket of which selected abuse, neglect, and dependency cases are identified where parental substance abuse is a primary factor.”82
    Driving-Under-the-Influence (DUI) CourtsGeorgia: “The DUI Court Program is an interdisciplinary team approach” and “partners with the program participants throughout the treatment process to ensure individual needs are met while restoring accountability.”83
    Tribal Wellness CourtsNew Mexico: “The mission of the Urban Native American Healing to Wellness Court is to create an atmosphere of healing through best practices and traditional methods in pursuit of spiritual and physical recovery for Native Americans with two or more [driving while under the influence] convictions.”84
    Mental Health CourtsFlorida: Broward County’s Misdemeanor Mental Health Court “handles cases involving nonviolent, misdemeanor defendants identified as mentally ill or developmentally disabled. It is a voluntary pre-adjudication program, that is, it diverts people into treatment before they face trial if they agree to follow the court’s direction.”85
    Human Trafficking CourtsOhio: “CATCH blends punitive sentences with a 2-year treatment-oriented nonadversarial program for rearrested prostitutes who suffer from posttraumatic stress syndrome, depression, and drug addiction.”86
    • Source: Adapted from National Drug Court Institute.49

    • View popup
    Table 2

    Current Federal Problem-Solving Courts

    DistrictCourt ProgramCourt Program Type
    Central District of CaliforniaConviction and Sentencing Alternatives Program (CASA)Generic Alternative to Incarceration
    Northern District of CaliforniaDiversion/Deferred Sentencing CourtGeneric Alternative to Incarceration
    Southern District of CaliforniaAlternative to Prison Sentence Program (APS)Youthful Defendant Program
    District of ConnecticutSupport CourtDrug Court
    Central District of IllinoisPretrial Alternatives to Detention Initiative (PADI)Drug Court
    Northern District of IllinoisSentencing Options that Achieve Results (SOAR)Generic Alternative to Incarceration
    District of MassachusettsRISEGeneric Alternative to Incarceration
    Eastern District of MissouriSAIL ProgramGeneric Alternative to Incarceration
    District of New HampshireLASER DocketDrug Court
    District of New JerseyPretrial Opportunity Program (POP)Drug Court
    Eastern District of New YorkSpecial Options Service Program (SOS)Youthful Defendant Program
    Pretrial Opportunity Program (POP)Drug Court
    Southern District of New YorkYoung Adult Opportunity ProgramYouthful Defendant Program
    Southern District of OhioSpecial Options Addressing Rehabilitation (SOAR)Youthful Defendant Program
    District of Rhode IslandDeferred Sentencing ProgramGeneric Alternative to Incarceration
    District of South CarolinaBRIDGE ProgramDrug Court
    District of UtahUtah Alternatives to Conviction Track (U-ACT)Generic Alternative to Incarceration
    Veterans CourtVeterans
    District of VermontRutland Drug CourtDrug Court
    • Source: Adapted from the United States Sentencing Commission.34

Next
Back to top

In this issue

Journal of the American Academy of Psychiatry and the Law Online: 53 (1)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 53, Issue 1
1 Mar 2025
  • Table of Contents
  • Index by author
Print
Download PDF
Article Alerts
Sign In to Email Alerts with your Email Address
Email Article

Thank you for your interest in recommending The Journal of the American Academy of Psychiatry and the Law site.

NOTE: We only request your email address so that the person you are recommending the page to knows that you wanted them to see it, and that it is not junk mail. We do not capture any email address.

Enter multiple addresses on separate lines or separate them with commas.
Expanding Therapeutic Jurisprudence Across the Federal Judiciary
(Your Name) has forwarded a page to you from Journal of the American Academy of Psychiatry and the Law
(Your Name) thought you would like to see this page from the Journal of the American Academy of Psychiatry and the Law web site.
CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.
Citation Tools
Expanding Therapeutic Jurisprudence Across the Federal Judiciary
Benjamin A. Barsky, Heather Ellis Cucolo, Dominic A. Sisti
Journal of the American Academy of Psychiatry and the Law Online Nov 2020, JAAPL.200040-20; DOI: 10.29158/JAAPL.200040-20

Citation Manager Formats

  • BibTeX
  • Bookends
  • EasyBib
  • EndNote (tagged)
  • EndNote 8 (xml)
  • Medlars
  • Mendeley
  • Papers
  • RefWorks Tagged
  • Ref Manager
  • RIS
  • Zotero

Share
Expanding Therapeutic Jurisprudence Across the Federal Judiciary
Benjamin A. Barsky, Heather Ellis Cucolo, Dominic A. Sisti
Journal of the American Academy of Psychiatry and the Law Online Nov 2020, JAAPL.200040-20; DOI: 10.29158/JAAPL.200040-20
del.icio.us logo Twitter logo Facebook logo Mendeley logo
  • Tweet Widget
  • Facebook Like
  • Google Plus One

Jump to section

  • Article
    • Abstract
    • The Current Landscape at the State Level
    • Federal Problem-Solving Courts Today
    • A Status Quo in Need of Reevaluation
    • Legal Ethics and Empiricism
    • Conclusion
    • Footnotes
    • References
  • Figures & Data
  • Info & Metrics
  • PDF

Related Articles

Cited By...

More in this TOC Section

  • Toward Aspirational Forensic Mental Health Practice
  • Ethics Challenges in Correctional Mental Health
  • Methamphetamine-Associated Psychosis and Criminal Responsibility
Show more Analysis and Commentary

Similar Articles

Keywords

  • therapeutic jurisprudence
  • correctional mental health care
  • problem-solving courts
  • federal judiciary
  • criminal justice
  • law and mental health

Site Navigation

  • Home
  • Current Issue
  • Ahead of Print
  • Archive
  • Information for Authors
  • About the Journal
  • Editorial Board
  • Feedback
  • Alerts

Other Resources

  • Academy Website
  • AAPL Meetings
  • AAPL Annual Review Course

Reviewers

  • Peer Reviewers

Other Publications

  • AAPL Practice Guidelines
  • AAPL Newsletter
  • AAPL Ethics Guidelines
  • AAPL Amicus Briefs
  • Landmark Cases

Customer Service

  • Cookie Policy
  • Reprints and Permissions
  • Order Physical Copy

Copyright © 2025 by The American Academy of Psychiatry and the Law