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

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

53 Pages Posted: 11 Nov 2010 Last revised: 18 Nov 2010

Date Written: November 10, 2010

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.

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

JEL Classification: K14, K4

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: https://ssrn.com/abstract=1706829

Justin G. Holbrook (Contact Author)

Widener University School of Law ( email )

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