The need for Veterans Specialty Courts
Natasha N. LaFon
Columbia Southern University

The need for Veterans Specialty Courts When an individual returns home from a war zone, there are many things that can happen, they can deal and seek help with the things they have been through or they can bottle it up and refuse to look “weak”. Either way, things will never be the same as when they left and that reason alone can change their lives. Significance of Veterans Courts The need for a specialty court in support of our Veterans is not just something that would be nice; it is something that would be unconstitutional if denied. This year, 2013 marks 12 straight years of sustained combat operations for the United States. I have personally been sent into combat operations five times in the last 12 years and have seen first hand how easy it is for someone to spiral out of control and lose everything. With that being said, I would like to discuss the significance that a specialty court in support of our veterans would have not only on the veterans life, but on society as well. 1.64 million soldiers have served in Operation Enduring Freedom and Operation Iraqi Freedom since 2001, some have come home and some have not. Of those 1.64 million soldiers, nearly half have come home to nothing, their significant other left them while they were gone, so not only does the psychological wounds inflicted on them by the trauma of war, but couple that with being alone and not seeking help for the Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) that nearly 50 percent of our military is diagnosed with, can be devastating and disastrous. A soldier with PTSD and TBI can have every aspect of their life affected including their behavior, which is a result of the symptoms of these psychological wounds and involves most veterans within the criminal justice system. Once a veteran is in the criminal justice system, the treatment they are offered is not what they need and because of that these symptoms can interfere with their ability to properly interact with court officials. Individuals who suffer from PTSD require immediate and continuing treatment and have a subjective response involving fear, helplessness, horror and symptoms from each of the following symptom clusters: intrusive recollections, avoidant/numbing symptoms, and hyper-arousal symptoms (Walls, 2011, pg. 2). The military discharge status of most justice involved veterans is less than honorable, which makes them ineligible for many of the benefits and services offered by the Veterans Administration (VA) and leaves them to receive treatment from Medical Professionals untrained in the department of PTSD and TBI (Levitas and Schwartz, 2011, pg 3). Many active duty soldiers do not seek the required treatment for PTSD or TBI because they fear treatment will have a negative impact on their career, instead the symptoms spiral out of control and result in the soldier making some type of decision that results in him/her getting discharged from the military. Army Lt. General Raymond Odierno stated “These soldiers go out every single day for a year, that’s a long time. You have to mentally and physical tough, and they are.” Researchers have found that between 15 and 40 percent of people with mental disorders have substance abuse problems. In relation to PTSD, 75 percent of veterans with PTSD also have a substance abuse problem to cope with their symptoms (Walls, 2011, pg. 8).

Effectiveness of Veterans Courts
The significance of veterans’ courts is obvious and most states are developing these specialized courts to assist our veterans with the transition from military back to civilian life. Specifically, the San Francisco Sheriff’s Department has developed a “hybrid” approach to restorative justice program titled “Community of Veterans Engaged in Restoration (COVER)” which applied restorative justice to prisoners with prior military service. The COVER program was established to provide better alternatives than languishing in a corrections institution and allowing veterans to spiral deeper into criminality, mental illness and despair (Levitas and Schwartz, 2011, pg 1). In San Francisco alone, more than 70 percent of homeless and at risk veterans have substance abuse issues and close to 60 percent suffer from mental illness to include PTSD, TBI and some are dual diagnosed with other medical issues. The criminal justice system is already overwhelmed not only with veterans but with people in general and the mental and social health services do not have the ability to meet the complex needs of our veterans entering the justice system, especially with increasing number of veterans returning home from combat zones. Long waiting lists exist for substance abuse treatment, PTSD counseling and family support services for our veterans (Levitas and Schwartz, 2011, pg 3). Veterans are more likely to be first time offenders and have less extensive criminal backgrounds/histories and less likely to become habitual offenders. Most veterans that are incarcerated reported having a alcohol or substance abuse problem during the time they committed their crime. Because Veterans are usually first time offenders with substance abuse problems, they can easily be rehabilitated back into society and given the proper treatment needed to succeed in life. Conclusion
While we have discussed the significance that veterans’ specialty courts would provide not only society but also veterans and their families, we also discussed some statistics regarding veterans and the mental illnesses that can come with serving in combat zones. The effectiveness of these courts is deeper than most people think and because most veterans committed their crimes while under the influence of substances and not have received treatment for their mental illness, it seems to be such an easy fix to assist with overcrowding in the jails. Within these specialty courts, Veterans will be held accountable for their actions but also ensure they receive the proper care needed for their illnesses and substance abuse problems to avoid social crisis. The Veteran specialty courts will address the underlying PTSD of the veteran defendant and stop the domino affect of a veteran suffering from PTSD, abusing substances and acting out in a criminally liable way (Walls, 2011, pg 15).

References

1. Walls, Samantha (2011). The need for special Veteran Courts. Denver Journal of International Law and Policy. General Academic OneFile
2. Levitas, Leslie and Schwartz, Sunny (Spring 2011). Restorative justice for veterans: The San Francisco Sheriffs Departments Community of Veterans Engaged in Restoration (COVER). Washington University Journal of Law & Policy. General Academic OneFile
3. Dean John Champion, Richard D. Hartley, Gary A. Rabe: Criminal Courts: Structure, Process, and Issues. Custom Edition. 2012: Pearson Education, Inc.