FOR THOSE WHO SERVE
Serving in the armed forces is one of the greatest gifts an individual can give to their country. Most veterans view their military service as a source of strength, discipline and pride. Unfortunately, a large number of veterans return from combat with post-traumatic stress disorder and/or traumatic brain injuries. Recent research shows that 20% of returning veterans suffer from some form of mental health impairment, and there is a strong link to alcohol and substance abuse as a result. Without proper care, many veterans end up in the criminal justice system.
Although no one would argue that veterans should not be held accountable for their actions, there is growing recognition that combat experience may be an underlying cause for criminal behavior. To address these issues, hundreds of courts across the country have set up special programs just for veterans as an alternative to the traditional justice system.
Veterans’ Court is a type of specialty court that is charged with trying cases of minor offenses which involve military veterans, particularly those diagnosed with service-related illnesses. The goal of the program is to restore veterans to the law-abiding citizens they were before their experience in the military and combat through a combination of treatment and counseling, rather than punishment. The first such court was established in Buffalo, New York in 2008 as a hybrid of existing drug and mental health courts; the number has grown to over 300 today, with treatment courts in all 50 states.
Modeled after successful drug court programs, Veterans’ Court requires regular court appearances (usually bi-weekly), mandatory treatment for underlying substance abuse issues, and frequent, random drug testing. The environment is similar to the structure and camaraderie of military service. A strong interdisciplinary team works with a judge that understands the issues a veteran may be struggling with, and can exercise better discretion over the unique problems that they face. Volunteer mentors, usually veterans themselves, can assist defendants in getting back on track.
Justice For Vets: Volunteer Mentors in Veterans’ Treatment Court
Through partnerships with organizations such as the Veterans Health Administration, this type of specialty court links participants with the programs and services that they have earned through their military service. Representatives from the Veterans Benefit Administration, Veterans Service Organizations, and State Departments of Veterans Affairs may appear for the court docket to work with the defendant. Disability payments, education and training benefits, and housing assistance are just some of the services provided. Although court appearances are not a normal function for individuals from these agencies, having all veterans appear at the same time on the court docket streamlines the process to provide the assistance and benefits that they deserve.
Just being a veteran does not automatically qualify entry into the court program. Depending on the jurisdiction, each court operates a little differently. Violent charges such as murder, rape, or gang affiliated crimes preclude participation in the program. Generally, the judge, prosecutor, and defense counsel must all be in agreement that the specialty court is that appropriate forum for resolution of the case. Complying with all court requirements and making steady progress are key components of being allowed to remain in the program. Failure to comply may lead to sanctions up to and including dismissal from the program and incarceration. There is no set time frame for meeting all of the requirements; the program is tailored to the needs of each individual. Upon successful completion, veterans “graduate” from the program and may have their original charges dismissed and the case sealed.
The value and importance of this cannot be emphasized enough. There are numerous job opportunities in Homeland Security, ICE, and local police departments that would not be open to someone with a felony conviction on their record. Job placement is a key factor in determining success for the participants, and ensures their effective re-entry from combat.
Veterans returning from war may have a difficult time reintegrating into society after the adrenaline rush of combat. Relying on drugs and alcohol to cope with their sense of displacement may lead to problems that launch them into the criminal justice system. They need help, not a jail cell. After giving so much to our country, we owe it to our combat veterans to take care of them when they return.
