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Courting Compliance: Case Managers as “Double Agents” in the Mental Health Court

Published online by Cambridge University Press:  27 December 2018

Ursula Castellano
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Abstract

An ethnographic study of four Midwest mental health courts was focused on how case managers influence the judicial response to offender noncompliance. Mental health courts, which bear little resemblance to traditional work group models, are staffed by teams of legal and social service professionals working collaboratively toward reducing recidivism and community reintegration for high‐risk offenders. Few studies, however, have explored how treatment providers practice their trade in this new court organization. I investigate how case management professionals, working at the intersections of the social welfare and criminal justice systems, leverage courtroom decision making that results in greater leniency or enhanced punishment. The findings suggest that mental‐health‐court case managers act as boundary spanners in terms of their strategic use of resources to facilitate treatment goals. I conclude that case managers act as “double agents” challenging the state to advocate for clemency while enforcing client rules to uphold the integrity of the court.

Type
Articles
Information
Law & Social Inquiry , Volume 36 , Issue 2 , Spring 2011 , pp. 484 - 514
Copyright
Copyright © American Bar Foundation, 2011 

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References

References

Aldrich, Howard. 1971. Organizational Boundaries and Interorganizational Relations. Human Relations 24:279–87.Google Scholar
Aldrich, Howard, and Herker, D. 1977. Boundary Spanning Roles and Organizational Structure. Academy of Management Review 2:217–30.Google Scholar
Anderson, Elizabeth, Levine, Murray, Sharma, Anupama, Ferretti, Louise, Steinberg, Karen, and Wallace, Leah. 1996. Coercive Use of Mandatory Reporting in Therapeutic Relationships. In Law in a Therapeutic Key, ed. Wexler, David B. and Winick, Bruce J., 895–906. Durham, NC: Carolina Academic Press.Google Scholar
Bazelon, David L. 2003. Criminalization of People with Mental Illnesses: The Role of Mental Health Courts in System Reform. Washington, DC: Bazelon Center for Mental Health Law.Google Scholar
Berg, M. 2005. Mental Health Courts: A New Solution to an Old Problem. Behavioral Health Management July/August, 16–21.Google Scholar
Berman, Greg. 2004. Redefining Criminal Courts: Problem Solving and the Meaning of Justice. American Criminal Law Review 41:1313–19.Google Scholar
Blumberg, Abraham. 1967a. The Practice of Law as a Confidence Game: Organizational Cooptation of a Profession. Law & Society Review 1 (2): 15–40.Google Scholar
Blumberg, Abraham. 1967b. Criminal Justice. Chicago: Quadrangle Books.Google Scholar
Bonnie, Richard, and Monahan, John. 2005. From Coercion to Contract: Reframing the Debate on Mandated Community Treatment for People with Mental Disorders. Law and Human Behavior 29:487–505.Google Scholar
Boothroyd, Roger, Poythress, Norman, McGaha, Annette, and Petrila, John. 2003. The Broward Mental Health Court: Process, Outcomes, and Service Utilization. International Journal of Law and Psychiatry 26:55–71.Google Scholar
Bradshaw, Lynn. 1999. Principals as Boundary Spanners: Working Collaboratively to Solve Problems. National Association of Secondary School Principals Bulletin 83:38–47.Google Scholar
Burns, Stacy and Peyrot, Mark. 2008. Reclaiming Discretion: Judicial Sanctioning Strategy in Court‐Supervised Drug Treatment. Journal of Contemporary Ethnography 37:720–44.Google Scholar
Charmaz, Kathy. 2001. The Grounded Theory Model: An Explication and Interpretation. In Contemporary Field Research: A Collection of Readings, 2nd ed., ed. Emerson, Robert, 109–26. Prospect Heights, IL: Waveland Press.Google Scholar
Christy, Annette, Poythress, Norman, Boothroyd, Roger, Petrila, John, and Mehra, Shabnam. 2005. Evaluating the Efficiency and Community Safety Goals of the Broward County Mental Health Court. Behavioral Sciences and the Law 23:227–43.Google Scholar
Corvette, Barbara Budjac. 2000. Therapeutic Jurisprudence. Sociological Practice: A Journal of Clinical and Applied Sociology 2:127–32.Google Scholar
Cosden, Merith, Ellens, Jeffrey, Schnell, Jeffery, and Yamini‐Diouf, Yasmeen. 2005. Evaluation of a Mental Health Treatment Court with Assertive Community Treatment. Behavioral Sciences and the Law 23:199–214.Google Scholar
Denckla, Derek, and Berman, Greg. 2001. Rethinking the Revolving Door: A Look at the Mental Health Courts. New York: Center for Court Innovation.Google Scholar
Dietrich, Shelle. 1979. The Probation Officer as Therapist. Federal Probation 43 (2): 14–19.Google Scholar
Dixon, Jo. 1995. The Organizational Context of Criminal Sentencing. American Journal of Sociology 100 (5): 1157–98.Google Scholar
Eisenstein, James, Flemming, Roy, and Nardulli, Peter. 1988. The Contours of Justice: Communities and Their Courts. Boston: Little, Brown.Google Scholar
Eisenstein, James, and Jacob, Herbert. 1977. Felony Justice: An Organizational Analysis of the Criminal Courts. Boston: Little, Brown.Google Scholar
Emerson, Robert M. 1969. Judging Delinquents: Context and Process in Juvenile Court. Chicago: Aldine Press.Google Scholar
Emerson, Robert M., and Messinger, Sheldon L. 1977. The Micro‐Politics of Trouble. Social Problems 25 (2): 121–34.Google Scholar
Erickson, Steven K., Campbell, Amy, and Lamberti, J. Steven. 2006. Variations in Mental Health Courts: Challenges, Opportunities and a Call for Caution. Community Mental Health Journal 42:335–44.Google Scholar
Feeley, Malcolm M. 1979. The Process Is the Punishment: Handling Cases in the Lower Criminal Courts. New York: Russell Sage Foundation.Google Scholar
Fisler, Carol. 2005. Building Trust and Managing Risk: A Look at a Felony Mental Health Court. Psychology, Public Policy and Law 11:587–604.Google Scholar
Flemming, Roy, Nardulli, Peter, and Eisenstein, James. 1993. The Craft of Justice: Work and Politics in Criminal Court Communities. Philadelphia: University of Pennsylvania Press.Google Scholar
Fox, Kathleen. 1999. Changing Violent Minds: Discursive Correction and Resistance in the Cognitive Treatment of Violent Offenders in Prison. Social Problems 46:88–103.Google Scholar
Griffin, Patricia, Steadman, Henry, and Petrila, John. 2002. The Use of Criminal Charges and Sanctions in Mental Health Courts. Psychiatric Services 56:829–34.Google Scholar
Grudzinakas, Albert, Clay, M. A., Roy‐Bujnowski, Kristen, Fisher, William H., and Richardson, Maurice H. 2005. Integrating the Criminal Justice System into Mental Health Service Delivery: The Worcester Diversion Experience. Behavioral Sciences and the Law 23:277–93.Google Scholar
Hiday, Virginia Aldige, Moore, Marlee E., Lamoureaux, Marie, and de Magistris, Jeffrey. 2005. North Carolina's Mental Health Court. Popular Government Spring/Summer, 24–30.Google Scholar
Hora, Peggy Fulton, Schma, William G., and Rosenthal, John T. A. 1999. Therapeutic Jurisprudence and the Drug Treatment Court Movement: Revolutionizing the Criminal Justice System's Response to Drug Treatment Court Movement in America. Notre Dame Law Review 74:439–538.Google Scholar
James, Doris, and Glaze, Lauren. 2006. Mental Health Problems of Prison and Jail Inmates. Washington, DC: United States Department of Justice, Bureau of Justice Statistics.Google Scholar
Lamb, Richard, and Weinberger, Linda. 1998. Persons with Severe Mental Illness in Jails and Prison: A Review. Psychiatric Service 49:483–92.Google Scholar
Lidz, Charles W., and Walker, Andrew W. 1977. Therapeutic Control of Heroin: Dedifferentiating Legal and Psychiatric Controls. Sociological Inquiry 47:294–321.Google Scholar
Lipetz, Marcia J. 1984. Routine Justice: Processing Cases in Women's Court. New Brunswick, NJ: Transactions Books.Google Scholar
Lofland, John, Snow, David, Anderson, Leon, and Lofland, Lyn. 2006. Analyzing Social Settings: A Guide to Qualitative Observation and Analysis, 4th ed. Belmont, CA: Wadsworth.Google Scholar
Margolin, Leslie. 1997. Under the Cover of Kindness: The Invention of Social Work. Charlotte: University Press of Virginia.Google Scholar
Maynard, Douglas. 1983. Social Order and Plea Bargaining in the Courtroom. Sociological Quarterly 24 (2): 233–51.Google Scholar
McGaha, Annette, Boothroyd, Roger A., Poythress, Norman G., Petrila, John, and Ort, Rhonda G. 2002. Lessons from Broward County Mental Health Court Evaluation. Evaluation and Program Planning 25:125–35.Google Scholar
McNiel, Dale E., and Binder, Renee L. 2007. Effectiveness of a Mental Health Court in Reducing Criminal Recidivism and Violence. American Journal of Psychiatry 164:1395–403.Google Scholar
Miles, R. H. 1980. Organizational Boundary Roles. In Current Concerns in Occupational Stress, ed.y Cooper, C. L. and Payne, R. New York: Wiley.Google Scholar
Miller, JoAnn, and Johnson, Donald C. 2009. Problem Solving Courts: New Approaches to Criminal Justice. Lanham, MD: Rowman and Littlefield.Google Scholar
Mirchandani, Rekha. 2008. Beyond Therapy: Problem‐Solving Courts and the Deliberative Democratic State. Law & Social Inquiry 33 (4): 853–93.Google Scholar
Moore, Marlee E., and Hiday, Virginia Aldige. 2006. Mental Health Court Outcomes: A Comparison of Re‐Arrest and Re‐Arrest Severity between Mental Health Court and Traditional Court Participants. Law and Human Behavior 30:659–74.Google Scholar
Munetz, Mark, and Teller, Jennifer. 2003. The Challenges of Cross‐Disciplinary Collaborations: Bridging the Mental Health and Criminal Justice Systems. Capital Law Review 32 (4): 935–50.Google Scholar
Nolan, James L. Jr. 2001. Reinventing Justice: The American Drug Court Movement. Princeton, NJ: Princeton University Press.Google Scholar
Paik, Leslie. 2006a. Interpretations of Drug Test Results. Law & Society Review 40 (4): 931–62.Google Scholar
Paik, Leslie. 2006b. Are You Truly a Recovering Dope Fiend? Local Interpretative Practices at a Therapeutic Community Drug Treatment Program. Symbolic Interaction 29 (2): 213–34.Google Scholar
Petrila, John, and Redlich, Allison. 2008. Mental Illness and the Courts: Some Reflections on Judges as Innovators. Court Review 43:154–64.Google Scholar
Peyrot, Mark. 1985. Coerced Voluntarism: The Micro‐Politics of Drug Treatment. Urban Life 13:343–65.Google Scholar
Poythress, Norman G., Petrila, John, McGaha, Annette, and Boothroyd, Roger. 2002. Perceived Coercion and Procedural Justice in the Broward County Mental Health Court. International Journal of Law and Psychiatry 25:517–33.Google Scholar
Psychiatric Services. 2009. CSG Justice Center primer on mental health courts. Psychiatric Services 60:275. http://psychservices.psychiatryonline.org/cgi/content/full/60/2/275 (accessed May 23, 2010).Google Scholar
Redlich, Allison. 2005. Voluntary, but Knowing and Intelligent: Comprehension in Mental Health Courts. Psychology, Public Policy, and the Law 11:605–19.Google Scholar
Redlich, Allison, Steadman, Henry, Monahan, John, Petrila, John, and Griffin, Patricia. 2005. The Second Generation of Mental Health Courts. Psychology, Public Policy, and Law 11:527–38.Google Scholar
Redlich, Allison, Steadman, Henry, Monahan, John, Robbins, Pamela Clark, and Petrila, John. 2006. Patterns of Practice in Mental Health Courts: A National Survey. Law and Human Behavior 30:347–62.Google Scholar
Skoll, Geoffrey. 1992. Walk the Walk and Talk the Talk: An Ethnography of a Drug Abuse Treatment Facility. Philadelphia: Temple University Press.Google Scholar
Slate, Richard. 2003. From the Jailhouse to Capitol Hill: Impacting Mental Health Court Legislation and Defining What Constitutes a Mental Health Court. Crime and Delinquency 49:6–29.Google Scholar
Steadman, Henry J. 1992. Boundary Spanners: A Key Component for the Effective Interactions of the Justice and Mental Health Systems. Law and Human Behavior 16:75–87.Google Scholar
Steadman, Henry J., Davidson, Susan, and Brown, Collie. 2001. Mental Health Courts: Their Promise and Unanswered Questions. Psychiatric Services 52:457–58.Google Scholar
Steadman, Henry J., Morris, S. M., and Dennis, D.L. 1995. The Diversion of Mentally Ill Persons from Jails to Community Based Services: A Profile of Programs. American Journal of Public Health 85:1630–35.Google Scholar
Steadman, Henry J., Redlich, Allison, Griffin, Patricia, Petrila, John, and Monahan, John. 2005. From Referral to Disposition: Case Processing in Seven Mental Health Courts. Behavioral Sciences and the Law 23:215–26.Google Scholar
Strauss, Anselm, and Corbin, Juliet. 1998. Basics of Qualitative Research: Techniques and Procedures for Developing Grounded Theory. Thousand Oaks, CA: Sage.Google Scholar
Sudnow, David. 1965. Normal Crimes: Sociological Features of the Penal Code in a Public Defender's Office. Social Problems 12:255–76.Google Scholar
Trupin, Eric, and Richards, Henry. 2003. Seattle's Mental Health Courts: Early Indicators of Effectiveness. International Journal of Law and Psychiatry 26:33–53.Google Scholar
Tyuse, S. W., and Linhorst, D. M. 2005. Drug Courts and Mental Health Courts: Implications for Social Work. Health Social Work 30 (3): 233–40.Google Scholar
Uphoff, Rodney J. 1992. The Criminal Defense Lawyer: Zealous Advocate, Double Agent, or Beleaguered Dealer? Criminal Law Bulletin 28 (5): 419–56.Google Scholar
Voorhis, P. V., Braswell, M., and Lester, D. 2000. Correctional Counseling and Rehabilitation, 4th ed. Cincinnati, OH: Anderson.Google Scholar
Walker, Samuel. 2001. Sense and Nonsense about Crime and Drugs, 5th ed. Belmont, CA: Wadsworth.Google Scholar
Wexler, David. 1992. Putting Mental Health into Mental Health Law: Therapeutic Justice. Law and Human Behavior 16:27–38.Google Scholar
Whiteacre, Kevin W. 2007. Strange Bedfellows: The Tensions of Coerced Treatment. Criminal Justice Policy Review 18 (3): 260–73.Google Scholar
Winick, Bruce J., and Wexler, David B., eds. 2003. Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts. Durham, NC: Caroline Academic Press.Google Scholar
Wolff, Nancy, and Pogorzelski, Wendy. 2005. Measuring the Effectiveness of Mental Health Courts Challenges and Recommendations. Psychology, Public Policy, and Law 11 (4): 539–69.Google Scholar

Statutes Cited

Law Enforcement and Mental Health Project of 2000, Public Law No. 106‐515, 106th Congress (November 13, 2000).Google Scholar
Mentally Ill Offender Treatment and Crime Reduction Act of 2004, Public Law No. 108‐414, 108th Congress (October 30, 2004).Google Scholar