When we talk about courts, it's usually involves stern-looking judges festooned, somber juries and flamboyant lawyers who duke it out on a legal chessboard. But there's been a sharp increase in another kind of court that focus on particular kinds of offenses or people. These are what are known as problem solving courts. Instead of sentencing people to 20 years in the electric chair, these tribunals are actually a team that address the problem that got a defendant into trouble, and comes up with solutions to prevent it from ever happening again. Northampton County has been a pioneer with these types of courts. It established a drug court in 2015, and not long after that, a mental health court. Now it has established a veterans court, and Northampton County Council was provided with an overview yesterday.
Judge Jennifer Sletvold introduced herself as the administrative judge who now presides over problem solving courts. She succeeds Judge Craig Dally, who now is Northampton County's President Judge. She's uniquely suited to her new role because, as a juvenile court judge, she took a very innovative view of truancy and worked hard to reduce it.
She told county council that establishment of a veterans court has always been her top priority. married to a veteran her top priority. She introduced Stephanie Spencer Stewart, coordinator of the county's problem solving courts. Stewart provided a road map of how it will work.
Who's Eligible? - Veterans, obviously. They must be at least 18, and are ineligible for consideration if the charges are of a serious nature.
Is it Pre or Post Conviction? - It can be both. A person can apply if he's already been convicted or if he's just been charged. For pre-conviction applicants, the program is diversionary. This means charges will be dismissed on successful completion of the program.
How Does It Work? - It's a five-phase program, lasting from 18-24 months. In Phase One (60 days), participants are expected to engage in treatment and services based on a needs assessment provided to the courts. This includes weekly court appearances as well as meetings with volunteer veteran mentors. Phase Two (no time stated) requires engagement in a recovery network or prosocial activities to build social skills and collaboration. In Phase Three (120 days), reporting requirements are relaxed. In Phase Four,(120 days) participants obtain employment or get job training . Phase Five (120 days) looks to see that these veterans have achieved stability, have completed whatever treatment was deemed necessary and can move on to other aspect of their lives.
To qualify for graduation, participants must have engaged in treatment services, comply with supervision, engage in prosocial activities, have a job or be in training and develop a continuing care plan that is submitted to and approved by the court.
27 comments:
"ineligible for consideration if the charges are of a serious nature. "
well that could be a very tight or wide definition.
Does the Court decide?
The idea of working on the underlying causes that a particular veteran has is a good idea and it benefits everyone.
The cost of the program has to be less than the cost of incarceration.
Sorry if this goes slightly off topic, but I respect your expertise on this subject. What do you think about "deed theft protection" as advertised on TV?
8:12. You posted this to the wrong topic. I answer you there.
5:58, The offenses are spelled out but were not specifically stated during the presentation.
Does this, will this cover “Honorably Discharged Veterans or also the rift of some non- compliant s?
Peter, A veteran is any person who served in active duty and who was released from service under conditions other than dishonorable. I served in the Reserves, and hence would not be considered a veteran. I tried to go active for Persian Gulf, but was rejected, lol. I was told I had to stay with my unit, which was never activated. This is why you still speak English and not Arabic.
Did you delete earlier posts by me ? No Reserve are considered veterans too. Where did you get that idea?
Peter, I only received one comment from you, and it was posted even though it was unclear. I am glad you give reservists a veteran status. The United States Code does not.
Ok, Tell that to about 35,000 Reserve folks that served under General Schwarzkopf ! They were supporting movement with water and supplies,a long with Artillery during operations in the desert. Reserve units. I think suffered the largest mass casualty since Vietnam and some are now still suffering from “burn pits “ that were toxic . Something like 15-17% of total were indeed reserves . So it’s not me giving out any personal opinion ,it’s the history. Good day, Bernie.
You Go Bernie !
Peter, those reservists were activated and became active duty. That makes them vets.
How is this court legal? It seems to violate the equal protection clause.
Agree
Anon 8:18 “How is this legal?” Well this is a consideration for the men and 7% ladies that stepped up. Because they stuck their necks out and 97 % of the public can’t ,or will not. This is consideration for being on the line. There are very few Marine or U.S. Army Infantry personnel that return alive- from enemy intervention, “Normal” , Units like MarSoc or now Raider and Rangers and Seals, are some of the hardest people on Earth, they get in trouble all the time and it’s -you don’t hear about it, but a trade off , these guys go in the dark and break stuff and eliminate targets, to say the least. But we need them. There couture is not being civil by nature and training.
Couture ?,Cock ran needs a writing course in Nazareth at you apartment !
6:35, Peter doesn't have to be a professional writer. He has a heart of gold and, despite his tough talk, he helps a lot of people. That is something he probably would not want me to say.
With respect to the suggestion that a veterans court violates equal protection, the relevant portion of the 14th Amendment states: "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
So does establishing a veterans court deny any person the equal protection of the law? Does refusing to allow a veteran participation violate equal protection?
With respect to the first question, any person can become a veteran. Moreover, so long as there is a rational basis for this kind of court, it is constitutional.
With respect to question 2, participation denial based on race, religion, gender, alienage, ethnicity or sexual orientation would be presumptively unconstitutional.
No. Any person can become a veteran
Sorry I didn’t do that properly. Their not there,, I’m not sleeping much I have” Beach equipment separation anxiety “ . Ah , I graduated number 3 in my high school class from Freedom high - but from the bottom. . My FICO is 870, I owe nothing, I pay my taxes in discount period. I’m not quite a millionaire yet , but we’re here on I.3 mile of beach for a month with nothing on it in S.C. And it’s going to be a beautiful day tomorrow Monday . I worked 3 jobs for 25 yrs. I’m the only guy on Cattell Street that was in 3 branches of armed services. Anon 9:58 sleep tight ,don’t let the bugs bit. Asshole!
By that logic we could make a special court for post office workers and give them special privileges under criminal law that allow them some degree of leniency and to potentially avoid incarceration. Meanwhile all the people who work at UPS and FedEx are treated differently when found to have engaged in the same criminal behavior. I think this is a gray area FS and deserves a little scrutiny.
I believe that we as a society should support all of our veterans and help them recover from any physical or mental injuries they may have suffered due to their service. With that said I still can’t see the legal basis for creating an entire arm of the court that treats them differently than others accused or convicted of criminal activity.
“ any person can become a veteran“
This is simply not true. For instance I was denied entrance to the military on the basis of physical complications that I suffered in an automobile accident. I am not eligible for this veterans court and now we will have individuals in North Hampton County who receive preferential treatment within the criminal justice system…Preferential treatment that other citizens convicted or accused of similar crimes will not have access to.
In most diversion programs, The criteria for entrance is based on previous criminal record and or the type of criminal activity a person is accused or convicted of… Not their chosen profession or what foreign nation they may have worked in.
"y that logic we could make a special court for post office workers and give them special privileges under criminal law that allow them some degree of leniency and to potentially avoid incarceration."
These are not special privileges or leniency. It is an attempt by the courts to address the underlying problems that lead to criminal behavior.
For most people, there is ARD, accelerated rehabilitative disposition, in which charges are dismissed after a probationary period that addresses what led to the crime.
For others, there is drug court. These are peoiple suffering from addiction.
There is a mental health court for those who suffer from sever mental illness.
Veterans often suffer from PTSD, and it leads to alcohol abuse, drugs, domestic violence and other aberrant behavior. This is a problem specific to vets.
Well I’ll anticipate that’s snags will occur during early processings. Most lawyers and most judges will not really know things that this “Veteran Court” should know . Ah ,if I may contribute something here as “free advice” goes ,- if you run up in issue that your unsure if ,you have a great asset under your nose. In the Northampton County Bar Asso. Is Jeremy F. Clark ,Esq. Attorney Clark is a “super veteran”. He’s been “down range” leader of troops, with a rifle loaded in his arm. Commissioned Officer at direction of The President. He is probably the best source to look at a veteran and figure him or her out - if your having any doubts about who’s really behind that defendants table. I’m done now. Good day all.
African Americans are statistically more likely to be arrested and or incarcerated.
What’s next? A special court for them?
This is illegal nonsense, and I don’t anticipate the legality will pass constitutional muster when it is inevitably challenged.
Northampton County Court of Common Pleas would spend resources better by figuring out how to make the current divisions of the court follow the law rather than creating yet another division that has no idea what it is doing.
"This is illegal nonsense, and I don’t anticipate the legality will pass constitutional muster when it is inevitably challenged."
It has been challenged and has survived because there is a rational basis for treating veterans differently. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2478445
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