Challenges Faced By Justice-Involved Women Veterans in Los Angeles County
1) What are the pathways U.S. women veterans take to enter the justice system?
2) Under what circumstances or conditions do women veterans face challenges connecting to resources to successfully transition out of the justice system?
Purpose statement:
3) Explore affective, social, and educational factors that may contribute to women veterans falling into and obstacles they face once caught in the justice system.
Lit Review should include:
Literature Review
a) History of Women in Military
i) Combat (Kamarck, Kristy N., 2016)
ii) Challenges faced (Zinzow et al., 2007)
(1) Heal and Mortality Risk (Weitlauf et al., 2015)
(2) P.T.S.D. (Van Nevel, 2017)
(3) Moral Injury (Gauthier, 2015)
(4) Identity
(a) (Dean, 1994)
(b) (Downs, 2017)
(c) (Everbach & Mumah, 2014)
(5) Homelessness (Overrepresentation of women veterans among homeless women.2003)
(6) M.S.T.
(a) (Zinzow, Grubaugh, Monnier, Samantha Suffoletta-Maierle, & Christopher Frueh, 2007)
(b) (Pavao et al., 2013)
(c) (Kelly, Skelton, Patel, & Bradley, 2011)
(d) (Turchik & Wilson, 2010)
(7) Suicide
(a) (Purdue university: New veterans suicide data shows work still needs to be done.2019)
(b) (Khan et al., 2019)
(c) (Schuman, Cerel, & Praetorius, 2019)
(d) (Ramchand et al., 2016)
b) Veterans and the Courts
i) History and Structure
(1) (Atkin-Plunk & Sloas, 2018)
(2) (Erickson, John W., Jr, 2016)
(3) (justice-involved veterans: Programs and services2017)
(4) (Lemieux, 2014)
(5) (Jalain & Grossi, 2020)
ii) I.A.V.A. Justice-Involved Veterans
(1) (Elbogen, E. B. et al., 2012)
(2) (Washinton, Bean-Mayberry, Hamilton, Cordasco, Yano, 2013)
iii) Diversion Programs
(1) Pre-conviction: Military Diversion Programs, Penal Code 1001.80 PC (Stainbrook, K. et al., 2016)
(a) Misdemeanor
(b) A current member or former member of the military with dx related to military service
(i) MST
(ii) PTSD
(iii)TBI
(iv) substance abuse
(v) mental health
(c) Mental health diversion
(i) Relief is available to veterans and non-veterans
1. (Seamone, 2012)
2. (Finlay et al., 2015)
(ii) Available for both misdemeanor and felony cases
(iii)Can be requested at any point in a criminal case before a defendant is sentenced
(iv) Qualifications
1. The defendant suffers from certain mental health conditions
2. Defendant’s mental disorder played a significant role in the commission of the offense
3. A qualified mental health expert believes the defendant would respond to mental health treatment
4. Defendant consents to diversion and waives right to a speedy trial
5. Defendant agrees to comply with treatment
6. The court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety
(2) Post-conviction:
(a) Treatment Instead of Jail for California Veterans (aka Veteran Courts), Penal Code 1170.9 PC
(b) Felony,
(i) Accept cases involving:
1. Violent felony crimes
2. Use of a deadly weapon
3. Infliction of significant bodily injury
4. The defendant is on felony probation
(c) Veterans
(i) Eligible for parole
(ii) Suffering from certain medical or mental conditions due to military services
1. T.B.I.
2. Substance Abuse (Anglin, Nosyk, Jaffe, Urada, & Evans, 2013)
3. P.T.S.D.
(d) Should also consider relief with other forms of relief available to veterans, including
(i) Military diversion Penal Code 1001.80
(ii) Mental health diversion Penal Code 1001.36
(e) The judge may order local, state, federal, or private nonprofit treatment program
(3) Connecting to Programs
(a) Ordered by the Court
(b) Contacting a criminal defense attorney
(4) Obstacles
(a) Disparities
(i) (Nicosia, MacDonald, & Arkes, 2013)
(b) Ignorance
(i) No knowledge of program or eligibility
(ii) The defendant doesn’t know how to apply
(c) Qualifications
(i) Veterans only qualification
(ii) Initial offenses do not meet qualifications
(iii)From the time of the arrest to arraignment, new charges are filed
iv) Justice-Involved Women Veteran (Stainbrook, Hartwell, & James, 2016)
c) Disparities in Criminal Court Referrals (Nicosia, MacDonald, & Arkes, 2013)