The Best-Fitting Uniform: Balancing Legislative Standards and Judicial Processes in Veterans Treatment Courts
59 Pages Posted: 3 Feb 2019
Date Written: March 2, 2018
In the past decade, Veterans Treatment Courts became one of the most widely reported forms of problem-solving courts nationwide. Questions linger, however, concerning what balance of power exists -- and what balance of power should exist -- between legislative mandates and judicial independence in establishing and maintaining these courts. This article proposes that this balance of power should be precisely that: a balance, permitting autonomy and individualization for Veterans Treatment Courts judges in several key areas but ensuring necessary oversight and equitable administration of these courts through legislation.
Keywords: veterans treatment courts, criminal justice, justice-involved veterans, state legislatures, state courts, judicial process, judiciary, separation of powers, federalism
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