This section defines and discusses the jurisdictions of the juvenile and family courts as well as their influences on social work practice. The history of the court, several interpretations of it, as well as various reform efforts are reviewed. Opportunities for social workers to be employed by the numerous agencies affiliated with the court, as well as several nontraditional social work roles, are outlined in this section. The final two parts of the section discuss the major innovations and primary challenges faced by the contemporary court such as gender, class, and racial biases in the system, questions about the effectiveness of the court and associated programs. Finally, proposals to abolish or reinvent the juvenile court are presented.
Rosemary C. Sarri
The juvenile justice system was established with the 1899 founding in Chicago of the Juvenile Court, an institution that spread to all the states in a short period of time. The history, organization, structure, and operations of the system are described along with its growth along with increasing Among the key issues examined are: gender, overrepresentation of children of color, placement of mentally ill and abused or neglected children, human rights, and re-integration of juvenile offenders after their returning home.
Robert G. Madden
The law is a powerful force in all aspects of contemporary American society. The legal system furnishes the context and procedures for the creation and enforcement of laws to resolve disputes, protect rights, and generally to maintain order. Social workers are expected to understand the basic workings of the legal system. Knowledge of the legal system provides the foundation to support social workers to undertake social justice initiatives, to give voice to vulnerable client populations, and to work for legal rules that support good social work practice.
Matthew Epperson, Julian Thompson, and Kelli E. Canada
This article discusses the emergence, structure, and purpose of the mental health court. It details the therapeutic aspects of the mental health court and its function as a specialized-treatment court serving persons with serious mental illnesses in the criminal justice system. Guiding themes, such as the criminalization of mental illness, therapeutic jurisprudence, and drug-treatment courts are described. It also identifies key legislation that contributed to the funding and proliferation of mental health courts. The effectiveness of mental health court, along with current criticisms regarding its impact on participants’ mental health and recidivism outcomes, are also covered. Last, social work values and the various roles of social workers in the mental health court are highlighted to demonstrate the relevance of mental health court to contemporary social work practice and intervention.
Jason Matejkowski, Toni Johnson, and Margaret E. Severson
This entry provides a description of prison social work and the array of responsibilities that social workers in prison settings have, including intake screening and assessment, supervision, crisis intervention, ongoing treatment, case management, and parole and release planning. The authors provide the legal context for providing social-work services to prisoners and delve into issues involving three specific populations of growing concern to corrections officials and to prison social work: women inmates, inmates who are parents, and inmates with mental illness. The tension between the goals of social work and corrections is explored and opportunities for social workers to apply their professional values within the prison setting are highlighted.
This entry presents an overview of prison violence and how issues such as overcrowding and scarcity of resources may contribute. Exploring both collective and interpersonal levels of violence, issues such as incidents between inmates and those between inmates and staff are examined. This entry looks at the issues facing males, females, juveniles, and the mentally ill as they contend with correctional institutions and violence within these institutions. The potential effects of violent victimization are also examined, as well as potential interventions and solutions to reduce violence.
Jeffrey A. Butts
Community-based supervision allows the legal system to hold criminal offenders accountable for their behavior without the significant costs and potential harms associated with incarceration. When offenders are placed on probation (in lieu of incarceration) or parole (as a follow-up to incarceration), they are also usually involved in other programs as well, including victim or offender mediation, substance abuse treatment, workforce development, restitution, community service, and electronic monitoring.
Katherine van Wormer
This entry defines restorative justice and describes the models most relevant to social work. These are victim–offender conferencing (sometimes incorrectly referred to as mediation); family group conferencing; healing circles; and community reparations.
Restorative justice is an umbrella term for a method of handling disputes with its roots in the rituals of indigenous populations and traditional religious practices (Zehr, 2002). A three-pronged system of justice, restorative justice is a nonadversarial approach usually monitored by a trained professional who seeks to offer justice to the individual victim, the offender, and the community, all of whom have been harmed by a crime or other form of wrongdoing. Accountability is stressed as the offender typically offers to make amends for the harm that was done.
Restorative justice not only refers to a number of strategies for resolving conflicts peacefully but also to a political campaign of sorts to advocate for the rights of victims and for compassionate treatment of offenders (see Bazemore & Schiff, 2001; Umbreit & Armour, 2010). Instead of incarceration, for example, the option of community service coupled with substance abuse treatment might be favored.
Judy L. Postmus
Sexual assault or rape affects millions of women and men in the United States; however, it is only in the last 30 years that it is being considered a social problem. During this period, many policies at the state and federal levels have attempted to address sexual assault and provide legal remedies for victims. However, sexual assaults are still the most underreported crime in the United States and are accompanied by bias and misinformation that plague our response. Social workers play a crucial role in offering services to survivors and advocating for more education and awareness in our communities and universities.
Janet L. Finn and Maxine Jacobson
This entry examines the concept of social justice and its significance as a core value of social work. Diverse conceptualizations of social justice and their historical and philosophical underpinnings are examined. The influence of John Rawls' perspectives on social justice is addressed as are alternative conceptualizations, such as the capabilities perspective. The roots of social justice are traced through social work history, from the Settlement House Movement to the Rank and Film Movement, Civil Rights Movement, and contemporary struggles in the context of globalization. Challenges for social justice-oriented practice in the 21st century are address. The discussion concludes with concrete example of ways in which social workers are translating principles of social justice into concrete practices.