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Specialized court is a type of court with limited subject-matter jurisdiction concerning particular field of law, compared to 'ordinary court' with general subject-matter jurisdiction. This concept of court usually includes administrative court or family court. [1]
Under hierarchical chain of ordinary courts compared to administrative courts in Austria, specialized court ( German : Fachgerichtsbarkeit) for specific jurisdictions, including court on cartel cases ( German : Kartellgericht) and court on employment - social welfare cases ( German : Arbeits- und Sozialgericht) are established in Vienna. [2]
Judiciary in the People's Republic of China includes the courts of special jurisdiction, translated as 'Specialized court' including matters concerning the military, national railway system and maritime disputes. [3]
In India, various types of specialized tribunals are established for each of specific matters, including offences Relating to Transactions in Securities, Atrocities against Scheduled Caste and Scheduled Tribes, consuming Narcotic Drugs, violation on NIA act, Corruption. [4] Supreme court has also setup 12 fast track special courts to exclusively deal with cases involving with MLA/MPs. [5]
The judiciary of United Kingdom includes courts and tribunals for specific subject-matter jurisdictions, such as Employment Tribunal in England and Wales and Scotland, Family Court in England and Wales. [6]
In the United States, specialized courts, or specialty courts are courts that aim to rehabilitate generally non-violent and low-rate offenders by including specifically trained professionals pertaining to the field of specialty court. The purpose of these specialized courts is to acknowledge and handle criminal activity at the source. [7] [8] Special courts in United States can handle both civil and criminal disputes. Some examples of different specialized courts include DWI court, drug court, mental health court, sex trafficking court, domestic violence court, truancy court, family court, mental health court, and traffic court and veterans treatment court. Drug courts are separated into categories such as adult drug court, juvenile drug court, DWI court, and veteran's treatment court. [9] [10]
Traditional courts focus on what happened, decide whether the person committed a crime, and punish the person proportionately. [11] [12] Specialized courts focus on reducing future rearrests and rehabilitation. [7] For instance, drug court aims to reduce criminal activity by mandating that the offender stay clean from drugs and mandating drug treatment therapy. These specialized courts usually involve the help of the prosecutor, judge, probation, law enforcement, mental health professionals, social service agencies, and relevant treatment. [7]
Drug court generally involves evaluating risk level and accommodating with proportionate supervision, drug testing, therapy, inpatient drug rehabilitation, and outpatient drug rehabilitation. [13] [14] Some examples of general proportionate accommodation for offenders convicted under drug court would be mandated treatment under Alcoholics Anonymous, Narcotics Anonymous, addiction treatment centers, and specialized therapy by a substance abuse therapist. The criteria that must be met for adult drug court includes being over 18 at the time of the offense, United States citizen, guilty plea to a non-violent felony offense, no prior violent offenses, diagnosed chemical dependency, and willingness to comply with drug court. [15] The purpose of drug court is to advance public safety and healthy communities by creating collaborative responses to crimes committed by individuals who suffer from chemical dependency. [15] The argued reason for using drug court for drug offenders is that this method addresses some of the root causes of their criminal activity.
In 2008, the first veterans' court was created. Of the older such courts, usually Article I tribunals, is the Court of Appeals for the Armed Forces which was founded in 1951 and functions as an appeal court for military and economic offences.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term probation applies only to community sentences, such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.
Drug courts are problem-solving courts that take a public health approach to criminal offending using a specialized model in which the judiciary, prosecution, defense bar, probation, law enforcement, mental health, social service, and treatment communities work together to help addicted offenders into long-term recovery. Instead of punishment, their purpose is to address one of the underlying drivers of crime and, in the process, reduce the use of imprisonment, potentially leading to substantial cost-savings. Drug courts aim to do this by incentivizing or mandating offenders into addiction treatment combined with frequent drug testing and regular monitoring by the judge.
A probation or parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probation and parole officers are employed by the government of the jurisdiction in which they operate, although some are employed by private companies that provide contracted services to the government.
Juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults who have committed the same offense. Juveniles have a lack of capacity for understanding their criminal acts, meaning they also have diminished criminal responsibility compared to their adult counterparts.
DWI courts are a form of court that exists in some United States legal jurisdictions, that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI courts may focus on repeat offenders and drivers with very high levels of blood alcohol at the time of the offense. As of December 2011, there were approximately 192 designated DUI courts in the United States, and approximately 406 drug courts that also accept DUI offenders.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.
The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.
A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing that helps remedy the behavior leading to the arrest. Administered by the judicial or law enforcement systems, they often allow the offender to avoid conviction and include a rehabilitation program to prevent future criminal acts. Availability and the operation of such systems differ in different countries.
The Ministry of Justice is an executive department of the New Zealand Government, responsible for supporting the judiciary and the administration of justice within New Zealand. It develops justice policy and provides advice to ministers, Cabinet, and other justice sector agencies. Its main functions are to help reduce crime and build safer communities; increase trust in the justice system; and maintain the integrity of New Zealand's constitutional arrangements.
The judiciary of the Republic of Chile includes one Supreme Court, one Constitutional Court, 17 Courts of Appeal, 84 Oral Criminal Tribunals and Guarantee Judges; 7 Military Tribunals; over 300 Local Police Courts; and many other specialized Tribunals and courts in matter of family, labor, customs, taxes, electoral affairs, etc.
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.
The judiciary of Italy is composed of courts and public prosecutor offices responsible for the administration of justice in the Italian Republic. These offices are occupied by judges and prosecutors respectively, who are known as magistrates. Magistrates belong to the magistracy, that is to say a branch of the State that may only be accessed by Italian citizens who hold an Italian Juris Doctor and successfully partake in one of the relevant competitive public examinations organised by the Ministry of justice.
The Boston Municipal Court (BMC), officially the Boston Municipal Court Department of the Trial Court, is a department of the Trial Court of the Commonwealth of Massachusetts, United States. The court hears criminal, civil, mental health, restraining orders, and other types of cases. The court also has an appellate division which reviews questions of law that arise from civil matters filed in the eight divisions of the department.
Problem-solving courts (PSC) address the underlying problems that contribute to criminal behavior and are a current trend in the legal system of the United States. In 1989, a judge in Miami began to take a hands-on approach to drug addicts, ordering them into treatment, rather than perpetuating the revolving door of court and prison. The result was creation of drug court, a diversion program. That same concept began to be applied to difficult situations where legal, social and human problems mesh. There were over 2,800 problem-solving courts in 2008, intended to provide a method of resolving the problem in order to reduce recidivism.
The Magistrates' Court of Kenya is a Subordinate court established under Article 169 1(a) of Kenya's 2010 Constitution.
