The Criminal Court Experience as the Catalyst to Crisis Intervention*
| Date | 01 June 1984 |
| DOI | 10.1177/000486588401700202 |
| Published date | 01 June 1984 |
| Author | Carmel Benjamin |
AUST
&NZ
JOURNAL
OF CRIMINOLOGY (June 1984) 17 (67-78)
THE CRIMINAL COURT EXPERIENCE AS THE CATALYST
TO CRISIS INTERVENTION*
Carmel Benjamint
67
Introduction
To most people the court setting is an unfamiliar one. Although the buildings are
public, few enter; even fewer -knowwhat to do or what is expected of them if they
are called upon to make an appearance. To an adult it is a confronting experience,
to a child it is overwhelming.
The problem lies not with legal aspects of criminal activity - these have a long
tradition of skilled professional attention. Rather, it is that unlawful behaviour is
frequently the symptom of other social problems and, as such, must not be dealt
with in isolation. In addition to relieving visible human distress, there is community
value in utilizing crisis intervention skills at the point of court contact for individuals
attending court for criminal matters. For many of these people, at this particular
time more than at any other, there is the possibility of making positive use of what
is very often anegative experience.
Crisis intervention' does not depend on long-term casework and if offered at the
right time and place, in this instance within the precincts of the court, can be of
lasting benefit to both the individual and the community. "Crisis Intervention"
provides a unique method for working in an economic and effective way to attempt
to prevent future social dysfunction of defendant or victim, with the associated costs
continually draining community, social, legal and health resources.
This paper focuses on the Magistrates' Court but it is apparent that the need for
this type of intervention spreads across most of the court system. All
but
two of the
hearings discussed in the paper occurred at the Prahran Magistrates' Court in the
inner Melbourne area. Based at that court (since establishment in June 1980) there
are crisis intervention workers who also provide services to other courts in the
Melbourne metropolitan area, at the Melbourne County and Supreme Courts, as
well as in Bendigo. These carefully selected and trained volunteers offer emotional
support, information regarding community welfare agencies, and, when
appropriate, a crisis intervention service to all individuals seen as disadvantaged
when in contact with the legal system. Although principally concerned with
immediate difficulties, the workers are aware that the presenting problem may be
the product of social dysfunction over a considerable period of time. Operating in
the court, they provide a service within the framework of the legal, correctional and
social support systems. They are a link between the court and the community, an
easily identifiable presence within the court precinct, and a mechanism through
which individuals may gain access to other community welfare agencies.
If a defendant is accompanied by a legal adviser some of the difficulties may
not
arise; however, it is important to note that most victims and witnesses attending
court, especially lower courts, have no such person to advise or assist them.
The
almost total absence of support systems for such people can create grave injustices
*The author wishes to thank Mr George Clarke, Mr Stan Johnston and Mr Peter Sallmann for their
support, advice and assistance in the preparation of this paper.
tDirector of the Victorian Court Information and Welfare Network.
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