Show Notes:
Episode 103. Problem-Solving Courts: A Critical Examination with Judge Houchin
In this episode, Judge Dustin Houchin discusses problem solving courts. He highlights the lack of empirical evidence supporting these courts. Judge Houchin also raises concerns about the separation of powers, as problem solving courts blur the lines between the judiciary and other branches of government. He argues that the judge's role in these courts undermines their neutrality and detachment.
Additionally, he addresses the perverse incentives created by problem solving courts. This conversation explores the creation and motivations behind problem-solving courts, the financial incentives, the influence of corporate interests, the violation of the separation of powers, and the alternative of retributive theory. The conversation highlights the lack of solid evidence supporting the efficacy of problem-solving courts and the potential dangers of their implementation.
Chapters
00:00 Introduction of Judge Dustin Houchin
01:31 Problem Solving Courts and their Purpose
06:23 Different Perspectives on Drug Offenses
08:48 Effectiveness of Problem Solving Courts
10:37 Lack of Evidence for the Effectiveness of Problem Solving Courts
14:32 Methodological Problems in Studies on Problem Solving Courts
20:10 Creation and Implementation of Problem Solving Courts
22:59 Separation of Powers and Problem Solving Courts
26:37 Judicial Role in Problem Solving Courts
29:41 Enabling Behavior in Problem Solving Courts
32:12 Adversarial Process and Separation of Powers
34:38 Intrusion and Perverse Incentives in Problem Solving Courts
35:08 Judges' Role in Policy Making and Policing
39:36 Judges' Motivations for Creating Problem-Solving Courts
44:24 Financial Incentives and Job Concerns
47:12 Corporate Interests and Lack of Government Oversight
52:07 The Compassion Industrial Complex
56:29 Violation of Separation of Powers
59:19 Retributive Theory as an Alternative
01:01:59 Judex Substack
Resources:
Judex | Dustin Houchin | Substack
https://judex.substack.com/p/problem-courts?publication_id=1153073&post_id=141673914&isFreemail=true&r=2gxwto
The Problem of Problem-Solving Courts by Erin Collins :: SSRN
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3492003
Problem-Solving Courts: Fighting Crime by Treating the Offender
https://nij.ojp.gov/topics/articles/problem-solving-courts-fighting-crime-treating-offender
Episode 27. Crime and Punishment - A Retributive Theory of Justice with Judge Dustin Houchin
https://www.youtube.com/watch?v=bJ3MIx-xcD4
Judex re Retributive Theory
https://judex.substack.com/p/retributive-justice?publication_id=1153073&post_id=110669882&isFreemail=true
https://judex.substack.com/p/retribution-and-status?utm_source=post-email-title&publication_id=1153073&post_id=123168921&isFreemail=true&utm_medium=email
https://judex.substack.com/p/retribution-and-drug-crimes?utm_source=%2Fsearch%2Fretribution&utm_medium=reader2
The Contender - Erin Houchin
https://erinhouchin.substack.com/p/welcome-to-the-contender
The Contender with Erin Houchin | Podcast
https://open.spotify.com/show/31fWKKIup2NxoQaJAqfzNJ
C.S. Lewis Quote
https://www.goodreads.com/quotes/526469-of-all-tyrannies-a-tyranny-sincerely-exercised-for-the-good
Federalist 51 (James Madison)
https://founders.archives.gov/documents/Madison/01-10-02-0279
Federalist 78 (Alexander Hamilton)
https://founders.archives.gov/documents/Hamilton/01-04-02-0241
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