In our complex society, courts are increasingly being asked to address social problems that are not compatible with the traditional system of adversarial justice and punishment. Recurring problems – such as drugs, homelessness, domestic violence, child neglect and abuse, mental illness, driving while intoxicated – come before courts every day. Veterans returning from war zones return traumatized and often can’t fit into society. Problem-solving courts attempt to address the root causes of crime by addressing the recurring problems which lead to the criminal offense.

In 1989, the first drug court was started in Miami, Florida and since then, thousands of problem-solving courts have sprung up across the United States and around the world. Problem-solving courts focus on treatment of the underlying issue rather than incarceration. For example, if someone writes bad checks to pay for drugs and is arrested, the drug court approach would be to create a structure of support to get the defendant off drugs. The defendant would likely be regularly drug-tested, required to attend a program such as Narcotics Anonymous, obtain housing and employment, etc. The support structure might include drug treatment, social services, and a whole team of resources. The defendant must comply with the case plan set out for him or her, often over a period of up to three years, or the case reverts to the punishment system.