Abstract

http://ssrn.com/abstract=1706829
 
 

Footnotes (249)



 


 



Veterans’ Courts and Criminal Responsibility: A Problem Solving History & Approach to the Liminality of Combat Trauma


Justin G. Holbrook


Widener University School of Law

November 10, 2010

YOUNG VETERANS: A RESILIENT COMMUNITY OF HONOR, DUTY & NEED, Diann Cameron Kelly, David Gitelson and Sydney Howe Barksdale, eds., Springer, Forthcoming
Widener Law School Legal Studies Research Paper No. 10-43

Abstract:     
In September 2010, a federal judge dismissed a criminal case involving a veteran accused of assaulting a federal police officer to allow the case to be heard by the Buffalo Veterans Treatment Court, a division of Buffalo City Court. For those involved in veterans’ advocacy and treatment, the case is significant for a number of reasons. First, it is the first criminal case nationwide to be transferred from federal court to a local veterans treatment court where the goal is to treat - rather than simply punish - those facing the liminal effects of military combat. Second, the case reignites the still unsettled controversy over whether problem-solving courts generally, and veterans courts specifically, unfairly shift the focus of justice away from the retributive interests of victims to the rehabilitative interests of perpetrators. Third, the case serves as a signal reminder to all justice system stakeholders, including parties, judges, attorneys, and treatment professionals, of the potential benefits of sidestepping courtroom adversity in favor of a coordinated effort that seeks to ameliorate victim concerns while advancing treatment opportunities for veterans suffering from combat-related trauma. This chapter explores these issues in light of the history of combat-related trauma and the development of veterans’ treatment courts around the country.

Number of Pages in PDF File: 53

Keywords: Veterans, Post-Traumatic Stress Disorder, PTSD, Criminal Law, Veterans Courts

JEL Classification: K14, K4

Accepted Paper Series





Download This Paper

Date posted: November 11, 2010 ; Last revised: November 18, 2010

Suggested Citation

Holbrook, Justin G., Veterans’ Courts and Criminal Responsibility: A Problem Solving History & Approach to the Liminality of Combat Trauma (November 10, 2010). YOUNG VETERANS: A RESILIENT COMMUNITY OF HONOR, DUTY & NEED, Diann Cameron Kelly, David Gitelson and Sydney Howe Barksdale, eds., Springer, Forthcoming; Widener Law School Legal Studies Research Paper No. 10-43. Available at SSRN: http://ssrn.com/abstract=1706829

Contact Information

Justin G. Holbrook (Contact Author)
Widener University School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
302-477-2044 (Phone)
302-477-2227 (Fax)
HOME PAGE: http://law.widener.edu/Academics/Faculty/ProfilesDe/HolbrookJustin.aspx
Feedback to SSRN


Paper statistics
Abstract Views: 2,213
Downloads: 436
Download Rank: 36,864
Footnotes:  249

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.281 seconds