Substance Abuse and Mental Health Services Administration
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Feb 20, 2024
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Substance Abuse and Mental Health Services Administration: Principles of Community-based Behavioral Health Services for Justice-involved Individuals: A Research-based Guide
. HHS Publication No. SMA- 19-5097. Rockville, MD: Office of Policy, Planning, and Innovation. Substance Abuse and Mental Health Services
Administration, 2019
https://global.oup.com/us/companion.websites/9780199738854/student/chapter1/
Question 1
The courtroom work group is a group of courtroom actors, “comprised of the judge, defense, prosecution, probation officers, and treatment providers” (Rudes & Portillo, 2012), all working in collaboration to reduce overcrowding, reduce recidivism, and process the colossal number of cases on the court docket in a reasonable amount of time. Keeping nonviolent offenders from being incarcerated and redirecting focus on individual rehabilitation is also the objective. It is imperative that all parties work cohesively as they all have the common task of expediting the resolution of cases within the court. “Caseworkers primary responsibility is developing and maintaining files on their caseloads, implementing a rehabilitation plan, monitoring defendants in
accordance with this plan, and making periodic reports to the court regarding the defendants’ treatment progress” (Castellano, 2009). In other words, finding a plan for the offender to get back to, or become, a productive member of society, while also devising a plan of action to help them avoid further criminal offenses by learning from the experience. The best way to figure out a plan is to work collectively with other members of the courtroom workgroup, in a cooperative, respectful, and fair manner to best serve the individual. Frequent communication with the workgroup is vital to the successful completion of a case. Question 2
Based on your analysis of the courtroom work group, is the defense attorney an advocate for the system or their clients? Explain.
How might human service workers intervene or participate in the system in order to be advocates for justice-involved individuals?
How might human service workers respond to this challenge using current practices?
After researching the courtroom workgroup and their functions, the general role of the defense attorney is to speak on behalf of their clients in order to
ensure fair and equal representation and protection of their rights. Per the sixth amendment, individuals have the right to effective counsel, so for those
not able to afford a private attorney, a public defender gets assigned to represent them.
Human Service workers can be advocates for justice involved individuals by bringing treatment options to the table, supervising the individual throughout rehabilitation, and encouraging program compliance through a system of checks and balances. There are tactics used like selective omission, where specific facts may not be introduced or brought up in court hoping no one notices in order to help prevent any predispositions interfering
with the judgement of the offender which might effect sentencing. There is also the tactic of ‘adding to the record’ where talk about treatment and recovery get introduced in an effort to appeal directly to the judge. (Castellano, 2009). or ‘adding to the record’ where REFERENCES
Castellano, U.
(2009).
Beyond the Courtroom Workgroup: Caseworkers as the New Satellite of Social Control.
Law & Policy
, 31(4), 429-462.
https://doi.org/10.1111/j.1467-
9930.2009.00300.x
Rudes, D. S.
,
&
Portillo, S.
(2012).
Roles and Power within Federal Problem Solving Courtroom Workgroups.
Law & Policy
, 34(4), 402-427.
https://doi.org/10.1111/j.1467-
9930.2012.00368.x
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