Why Specialty Courts Still Matter in an Era of Expanding Deflection

Abstract Courts and policymakers increasingly emphasize deflection as a preferred response to individuals with behavioral health needs. While deflection plays an important role in reducing unnecessary system entry, it does not replace the legal, constitutional, and institutional functions performed by specialty courts such as mental health courts and drug courts. This article argues that deflection and specialty courts are complementary rather than competing approaches. Drawing on legal history, constitutional doctrine, therapeutic jurisprudence, and empirical research, the analysis demonstrates that specialty…

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