Problem solving courts as a new alternative dispute resolution model in criminal procedure

Criminal procedure law aims to reach a collective just judgment in compliance with the material facts that incarcerate the offender. Incarceration serves for the prevention of crimes. In some cases incarceration can be inefficient to prevent crimes. Moreover problems such as high recidivism rates, over load of cases and highly populated prisons indicate the failure of criminal justice system. There has been a need of new approaches to address these problems. Problem solving court that emerged from United States and spread out to many countries such as Australia, Canada, Britain, Ireland, New Zealand is a consequence of this need. Problem solving courts which have many types such as drug courts, mental health courts, community courts, domestic violence courts, seek not only to resolve the criminal dispute but also to address the underlying physical, mental and social problems such as drug addiction, mental illness, environment, and social beliefs and values that legitimize the use of force through intensive judicial control with collaboration among justice system actors. While drug and mental health courts divert defendants to court-mandated treatment programs instead of incarceration, community courts deal with offenders who committed life quality crimes by imposing social service punishment on them in order to restore the community. Domestic violence courts through expedited processing, collaboration and batterer intervention programs promote to the safety of the victim, accountability of the offender, and a change in his behaviors. Studies demonstrate shows that these courts reduce recidivism. Our thesis analyzes how problem solving courts can be established in Turkey. Keywords: Problem Solving Courts, Alternative Dispute Resolution in Criminal Procedure, Drug Addiction, Mental Health, Domestic Violence, Recidivism, Community Justice.