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Episode 103. Problem-Solving Courts: A Critical Examination with Judge Houchin - The Forge of Freedom

The Forge of Freedom

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