Specialized court: Difference between revisions
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{{Short description|Court with specific subject-matter jurisdiction}} |
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:''For information on the Polish Courts of World War II, see [[Special Courts]]. For information on the Nazi special courts during the same period, see [[Sondergerichte]].'' |
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{{about||courts established specially as outside of ordinary courts|extraordinary court}}{{Unreliable sources|date=June 2024}}[[File:Wien 09 Arbeits- und Sozialgericht b.jpg|250px|thumb|''[[:de:Arbeits- und Sozialgericht Wien|Arbeits- und Sozialgericht]]'' in Wien, Austria is specialized court as both [[Labor court]] and Social court]] |
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'''Specialized court''' is a type of court with [[limited jurisdiction|limited]] [[subject-matter jurisdiction]] concerning particular field of law, compared to '[[ordinary court]]' with [[general jurisdiction|general]] [[subject-matter jurisdiction]]. This concept of court usually includes [[administrative court]] or [[family court]].<ref>{{cite web | url= https://e-justice.europa.eu/19/EN/national_specialised_courts | title= National specialised courts | publisher= European e-Justice Portal | access-date= 2022-05-21}}</ref> |
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A '''special court''' is a court with [[limited jurisdiction]], that deals with a particular field of law rather than a particular territorial jurisdiction. |
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== Specialized courts by country == |
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=== Austria === |
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{{Further|Judiciary of Austria#General courts}} |
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| ⚫ | In |
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Under hierarchical chain of [[ordinary courts]] compared to [[administrative courts]] in [[Austria]], specialized court (''{{langx|de|Fachgerichtsbarkeit}}'') for specific jurisdictions, including court on cartel cases (''{{langx|de|Kartellgericht}}'') and court on employment - social welfare cases (''{{langx|de|Arbeits- und Sozialgericht}}'') are established in Vienna.<ref>{{cite web | url= https://e-justice.europa.eu/19/EN/national_specialised_courts?AUSTRIA&init=true&member=1 | title= National specialised courts - Austria | publisher= European e-Justice Portal | access-date= 2022-05-21}}</ref> |
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===China=== |
=== China === |
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{{Main|Court of special jurisdiction (China)}} |
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Judiciary in the [[People's Republic of China]] includes the [[Court of special jurisdiction (People's Republic of China)|courts of special jurisdiction]], translated as 'Specialized court' including matters concerning the military, national railway system and maritime disputes.<ref>{{cite web | url= https://ssrn.com/abstract=3910839 | title= Jia, Mark, Special Courts, Global China (August 24, 2021). Virginia Journal of International Law, Vol. 62, No. 3, 2022 (Forthcoming) pp.8-9. | access-date= 2022-05-21}}</ref> |
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=== India === |
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{{Further|Category:Judiciary of India}} |
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The judiciary of [[England]] and [[Wales]] include special courts tasked with hearing cases related to minor traffic offences.<ref>http://www.localgov.co.uk/index.cfm?method=news.detail&id=109855</ref> |
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| ⚫ | In India, various types of specialized tribunals are established for each of specific matters, including offences Relating to [[Securities and Exchange Board of India Act, 1992|Transactions in Securities]], [[Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989|Atrocities against Scheduled Caste and Scheduled Tribes]], [[Narcotic Drugs and Psychotropic Substances Act, 1985|consuming Narcotic Drugs]], [[National Investigation Agency|violation on NIA act]], [[Prevention of Corruption Act, 1988|Corruption]].<ref>{{cite news |author=சாக்ஷி |title=What is special about special courts? |url=https://www.thehindu.com/opinion/op-ed/What-is-special-about-special-courts/article16978952.ece |accessdate=8 January 2019 |agency=தி இந்து |archive-date=4 December 2021 |archive-url=https://web.archive.org/web/20211204225009/https://www.thehindu.com/opinion/op-ed/What-is-special-about-special-courts/article16978952.ece |url-status=live }}</ref> Supreme court has also setup 12 fast track special courts to exclusively deal with cases involving with [[Representation of the People Act, 1951|MLA/MPs]].<ref>{{cite news |title=Inform us about setting up of special courts to try cases of politicians: SC to government |url=https://economictimes.indiatimes.com/news/politics-and-nation/inform-us-about-setting-up-of-special-courts-to-try-cases-of-politicians-sc-to-government/articleshow/65489663.cms |accessdate=8 January 2019 |agency=economictimes |archive-date=8 January 2019 |archive-url=https://web.archive.org/web/20190108210734/https://economictimes.indiatimes.com/news/politics-and-nation/inform-us-about-setting-up-of-special-courts-to-try-cases-of-politicians-sc-to-government/articleshow/65489663.cms |url-status=live }}</ref> |
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=== United Kingdom === |
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{{Further|Category:Courts of the United Kingdom}} |
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| ⚫ | In India, |
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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 (England and Wales)|Family Court]] in [[England and Wales]].<ref>{{cite web | url= https://www.judiciary.uk/about-the-judiciary/the-justice-system/court-structure/ | title= Structure of the courts & tribunal system | publisher= Judiciary website | access-date= 2022-05-22}}</ref> |
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=== United States === |
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{{Further|Federal judiciary of the United States#Other tribunals}} |
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<references/> |
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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.<ref name="auto">{{Cite web|url=https://pinalcountyattorney.org/criminal-justice/specialty-courts/#:~:text=Specialty+Courts+are+problem-solving,services,+and+social+service+agencies.|title=Specialty Courts - Pinal County Attorney's Office|date=April 27, 2018|website=pinalcountyattorney.org|access-date=September 17, 2024|archive-date=August 6, 2024|archive-url=https://web.archive.org/web/20240806010620/https://pinalcountyattorney.org/criminal-justice/specialty-courts/#:~:text=Specialty+Courts+are+problem-solving,services,+and+social+service+agencies.|url-status=live}}</ref><ref>{{Cite web |date=2018-04-27 |title=Specialty Courts - Pinal County Attorney's Office |url=https://pinalcountyattorney.org/criminal-justice/specialty-courts/ |access-date=2023-04-21 |website=pinalcountyattorney.org |language=en-US |archive-date=2023-04-22 |archive-url=https://web.archive.org/web/20230422010015/https://pinalcountyattorney.org/criminal-justice/specialty-courts/ |url-status=live }}</ref> 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' court|veterans treatment court]]. [[Drug court]]s are separated into categories such as adult drug court, juvenile drug court, [[DWI court]], and [[Veterans' court|veteran's treatment court]].<ref>{{Cite web |title=Treatment Courts |url=https://www.mncourts.gov/Help-Topics/DrugCourts.aspx |access-date=2023-02-24 |archive-date=2023-02-24 |archive-url=https://web.archive.org/web/20230224183050/https://www.mncourts.gov/Help-Topics/DrugCourts.aspx |url-status=live }}</ref><ref>{{cite web |year=2010 |title=Fact Sheet, Office of National Drug Control Policy |url=https://obamawhitehouse.archives.gov/sites/default/files/ondcp/Fact_Sheets/veterans_treatment_courts_fact_sheet_12-13-10.pdf |publisher=Office of National Drug Control Policy |language=English |publication-date=December 2010}}</ref> |
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Traditional courts focus on what happened, decide whether the person committed a crime, and punish the person proportionately.<ref>{{Cite web|url=https://www.uscourts.gov/about-federal-courts/court-role-and-structure#:~:text=Courts%20decide%20what%20really%20happened,people%20can't%20resolve%20themselves.|title=Court Role and Structure | United States Courts|website=www.uscourts.gov}}</ref><ref>{{Cite web |title=Court Role and Structure {{!}} United States Courts |url=https://www.uscourts.gov/about-federal-courts/court-role-and-structure |access-date=2023-04-21 |website=www.uscourts.gov |language=en}}</ref> Specialized courts focus on reducing future rearrests and rehabilitation.<ref name="auto" /> 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.<ref name="auto" /> |
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==== Adult drug court in the US ==== |
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[[Drug court]] generally involves evaluating risk level and accommodating with proportionate supervision, drug testing, therapy, inpatient drug rehabilitation, and outpatient drug rehabilitation.<ref>{{Cite web|url=https://nij.ojp.gov/topics/articles/overview-drug-courts|title=Overview of Drug Courts | National Institute of Justice|website=nij.ojp.gov|access-date=2023-04-22|archive-date=2023-04-21|archive-url=https://web.archive.org/web/20230421181326/https://nij.ojp.gov/topics/articles/overview-drug-courts|url-status=live}}</ref><ref>{{Cite web |title=Overview of Drug Courts |url=https://nij.ojp.gov/topics/articles/overview-drug-courts |access-date=2023-04-21 |website=National Institute of Justice |language=en}}</ref> 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.<ref name="auto1">{{Cite web|url=https://www.mncourts.gov/Documents/5/Public/Drug_Court/MCDC%20Documents/CMNPR_Policy_12-12.pdf|title=Minnesota Cornerstone Drug Court Policy Manual|access-date=2023-04-22|archive-date=2023-04-21|archive-url=https://web.archive.org/web/20230421183017/https://www.mncourts.gov/Documents/5/Public/Drug_Court/MCDC%20Documents/CMNPR_Policy_12-12.pdf|url-status=live}}</ref> 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.<ref name="auto1"/> The argued reason for using drug court for drug offenders is that this method addresses some of the root causes of their criminal activity. |
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==== Veterans' court in the US ==== |
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{{law-stub}} |
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| ⚫ | In 2008, the first [[veterans' court]] was created. Of the older such courts, usually [[Federal tribunals in the United States#Article I tribunals|Article I tribunals]], is the [[United States Court of Appeals for the Armed Forces|Court of Appeals for the Armed Forces]] which was founded in 1951 and functions as an [[appeal court]] for military and economic offences. |
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{{Law-term-stub}} |
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== See also == |
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{{Further|Category:Courts by type}} |
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{{div col}} |
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* [[Court]] |
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* [[Ordinary court]] |
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* [[Extraordinary court]] |
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* [[Administrative court]] |
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* [[Admiralty court]] |
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* [[Business court]] |
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* [[Consumer court]] |
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* [[Community court]] |
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* [[Drug court]] |
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* [[Family court]] |
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* [[Juvenile court]] |
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* [[Labor court]] |
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* [[Patent court]] |
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* [[Social security tribunal]] |
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* [[Tax court]] |
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* [[Veterans' court]] |
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{{div col end}} |
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{{Reflist|2}} |
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== External links == |
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* [https://e-justice.europa.eu/19/EN/national_specialised_courts List of National Specialised Courts in Europe, European e-Justice Portal] |
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{{Authority control}} |
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Latest revision as of 21:36, 30 October 2024
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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]
Specialized courts by country
[edit]Austria
[edit]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]
China
[edit]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]
India
[edit]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]
United Kingdom
[edit]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]
United States
[edit]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]
Adult drug court in the US
[edit]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.
Veterans' court in the US
[edit]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.
See also
[edit]References
[edit]- ^ "National specialised courts". European e-Justice Portal. Retrieved 2022-05-21.
- ^ "National specialised courts - Austria". European e-Justice Portal. Retrieved 2022-05-21.
- ^ "Jia, Mark, Special Courts, Global China (August 24, 2021). Virginia Journal of International Law, Vol. 62, No. 3, 2022 (Forthcoming) pp.8-9". Retrieved 2022-05-21.
- ^ சாக்ஷி. "What is special about special courts?". தி இந்து. Archived from the original on 4 December 2021. Retrieved 8 January 2019.
- ^ "Inform us about setting up of special courts to try cases of politicians: SC to government". economictimes. Archived from the original on 8 January 2019. Retrieved 8 January 2019.
- ^ "Structure of the courts & tribunal system". Judiciary website. Retrieved 2022-05-22.
- ^ a b c "Specialty Courts - Pinal County Attorney's Office". pinalcountyattorney.org. April 27, 2018. Archived from the original on August 6, 2024. Retrieved September 17, 2024.
- ^ "Specialty Courts - Pinal County Attorney's Office". pinalcountyattorney.org. 2018-04-27. Archived from the original on 2023-04-22. Retrieved 2023-04-21.
- ^ "Treatment Courts". Archived from the original on 2023-02-24. Retrieved 2023-02-24.
- ^ "Fact Sheet, Office of National Drug Control Policy" (PDF). Office of National Drug Control Policy (published December 2010). 2010.
- ^ "Court Role and Structure | United States Courts". www.uscourts.gov.
- ^ "Court Role and Structure | United States Courts". www.uscourts.gov. Retrieved 2023-04-21.
- ^ "Overview of Drug Courts | National Institute of Justice". nij.ojp.gov. Archived from the original on 2023-04-21. Retrieved 2023-04-22.
- ^ "Overview of Drug Courts". National Institute of Justice. Retrieved 2023-04-21.
- ^ a b "Minnesota Cornerstone Drug Court Policy Manual" (PDF). Archived (PDF) from the original on 2023-04-21. Retrieved 2023-04-22.
