All Episodes

February 23, 2024 67 mins

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)

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