Year of Award
2025
Document Type
Thesis
Degree Type
Master of Arts (MA)
Degree Name
Sociology (Inequality and Social Justice option)
Department or School/College
Sociology
Commitee Members
Dr. Mark Heirigs, Dr. James Tuttle, Dr. Madison Gerdes, Dr. Veronica Johnson
Keywords
Problem-Solving Courts, Therapeutic Jurisprudence, Sociological Jurisprudence, Mass Incarceration, Legal Reform.
Subject Categories
Criminal Law | Criminology and Criminal Justice | Law and Society | Legal History | Legal Studies | Legal Theory | Social Control, Law, Crime, and Deviance | Social Justice | Sociology
Abstract
In response to the failures of mass incarceration and its disproportionate impact on marginalized communities, Problem-Solving Courts (PSCs) have emerged as alternatives to traditional prosecution. These courts employ therapeutic-informed and rehabilitative practices aimed at addressing the root causes of criminal behavior. While widely regarded as more effective than traditional courts, PSCs have developed largely without a formal theoretical foundation. This is notable given their alignment with Sociological Jurisprudence (SJ) and Therapeutic Jurisprudence (TJ), which view the legal system as a vehicle for promoting individual and community well-being.
Despite being celebrated as therapeutic innovations, PSCs often embody these principles unevenly. Using data from the 2012 Census of Problem-Solving Courts, this study conducts descriptive statistical analysis, bivariate correlations, and crosstabulation to evaluate whether the six core definitional components of PSCs, dedicated docket, judicial authority, team collaboration and expertise, individualized needs-based responses and therapeutic and rehabilitative services, are associated with more favorable rehabilitative outcomes. Findings suggest that therapeutic principles, when adopted in name only, do not guarantee improved results. Instead, comprehensive implementation of these six foundational components appears critical to maximizing the rehabilitative potential of PSCs.
By identifying which structural elements are most strongly associated with successful outcomes, this research offers practical recommendations for legal system reform to ultimately contribute to a more equitable and effective response to criminal behavior.
Recommended Citation
Boos, Lauren M., "JURISPRUDENCE OF PROBLEM-SOLVING COURTS: A STUDY OF STRUCTURE, SUCCESS, AND SOCIOLOGICAL THEORY" (2025). Graduate Student Theses, Dissertations, & Professional Papers. 12492.
https://scholarworks.umt.edu/etd/12492
Included in
Criminal Law Commons, Criminology and Criminal Justice Commons, Law and Society Commons, Legal History Commons, Legal Theory Commons, Social Control, Law, Crime, and Deviance Commons, Social Justice Commons
© Copyright 2025 Lauren M. Boos