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Decision Making in a Hybrid Organization: A Case Study of a Southwestern Drug Court Treatment Program

Published online by Cambridge University Press:  27 December 2018

Kimberly M. Baker
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Abstract

This article presents a case study of decision making in a drug court located the southwestern United States. This study seeks to fill a gap in research on decision making by attending to the ways that drug court officials navigate the demands of a court that is dedicated to both therapy and criminal justice. This analysis differs from previous research by viewing the drug court as a “hybrid organization” and asking how the staff members interact in the decision-making process. Additionally, this research provides an opportunity to investigate the concerns over collaborative decision making raised by critics. The data from this case study reveal that as a hybrid organization, the drug court staff often divides along institutional lines by allowing the counseling staff to manage treatment and the judge to manage punishment. When tensions arise, they are resolved by the structure of the court, which is hierarchical rather than collaborative.

Type
Articles
Information
Law & Social Inquiry , Volume 38 , Issue 1 , Winter 2013 , pp. 27 - 54
Copyright
Copyright © American Bar Foundation, 2013 

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References

Ball, John C., and Ross, Alan. 1991. The Effectiveness of Methadone Maintenance Treatment: Patients, Programs, Services, and Outcomes. New York: Springer‐Verlag.Google Scholar
Battilana, Julie, and Dorado, Silva. 2010. Building Sustainable Hybrid Organizations: The Case of Commercial Finance Organizations. Academy of Management Journal 53 (6): 1419–40.Google Scholar
Bean, Philip. 2002. Drug Courts, the Judge and the Rehabilitative Ideal. In Drug Courts in Theory and Practice, ed. Nolan, James L., 235–55. Piscataway, NJ: Aldine Transaction.Google Scholar
Belenko, Steven. 2002. The Challenges of Conducting Research in Drug Treatment Court Settings. Substance Use and Misuse 37 (12–13): 1635–44.Google Scholar
Berman, Greg, and Feinblatt, John. 2005. Good Courts: The Case for Problem‐Solving Justice. New York: New Press.Google Scholar
Boldt, Richard C. 1998. Rehabilitative Punishment and the Drug Treatment Court Movement. Washington University Law Quarterly 76:1205–306.Google Scholar
Boldt, Richard C. 2010. The “Tomahawk” and the “Healing Balm”: Drug Treatment Courts in Theory and Practice. University of Maryland Law Journal of Race, Religion, Gender and Class 10 (1): 1–26.Google Scholar
Bouffard, Jeffrey, and Taxman, Faye. 2004. Looking inside the “Black Box” of Drug Court Treatment Services Using Direct Observations. Journal of Drug Issues 22 (1): 195–218.Google Scholar
Bowers, Josh. 2008. Contraindicated Drug Courts. UCLA Law Review 55:783–835.Google Scholar
Burns, Stacy Lee, and Peyrot, Mark. 2003. Tough Love: Nurturing and Coercing Responsibility and Recovery in California Drug Courts. Social Problems 50 (3): 416–38.Google Scholar
Casey, Timothy. 2004. Good Intentions Are Not Enough: Problem Solving Courts and the Impending Crisis of Legitimacy. SMU Law Review 57 (4): 1459–519.Google Scholar
Conrad, Peter. 1992. Medicalization and Social Control. Annual Review of Sociology 18:209–32.Google Scholar
Cooper, Caroline S. 2003. Drug Courts: Current Issues and Future Perspectives. Substance Use and Misuse 38 (11–13): 1671–711.Google Scholar
Erickson, Carlton K. 2007. The Science of Addiction: From Neurobiology to Treatment. New York: W. W. Norton & Company.Google Scholar
Fiol, C. Marlene, Pratt, Michael G., and O'Connor, Edward J. 2009. Managing Intractable Identity Conflicts. Academy of Management Review 34 (1): 32–55.Google Scholar
Flores, Philip, and Mahon, Lisa. 1993. The Treatment of Addiction in Group Psychotherapy. International Journal of Group Psychotherapy 43 (2): 143–56.Google Scholar
Friedland, Roger, and Alford, Robert R. 1991. Bringing Society Back In: Symbols, Practices and Institutional Contradictions. In The New Institutionalism in Organizational Analysis, ed. Powell, Walter J. and DiMaggio, Paul J., 232–63. Chicago, IL: University of Chicago Press.Google Scholar
Heimer, Carol. 1999. Competing Institutions: Law, Medicine, and Family in Neonatal Intensive Care. Law and Society Review 33 (1): 17–66.Google Scholar
Hoffman, Morris B. 2000. The Drug Court Scandal. North Carolina Law Review 78:1473–534.Google Scholar
Hoffman, Morris B. 20012002. The Rehabilitative Ideal and the Drug Court Reality. Federal Sentencing Reporter 14 (3–4): 172–78.Google Scholar
Hora, Peggy Fulton. 2002. A Dozen Years of Drug Treatment Courts: Uncovering Our Theoretical Foundation and the Construction of a Mainstream Paradigm. Substance Use and Misuse 37 (12–13): 1469–88.Google Scholar
Humphreys, Keith. 2004. Circles of Recovery: Self‐Help Organizations for Addictions. New York: Cambridge University Press.Google Scholar
Husak, Douglas. 2003. Four Points about Drug Decriminalization. Criminal Justice Ethics 22:21–9.Google Scholar
Khantzian, Edward J., Halliday, Kurt S., and McAuliffe, William E. 1990. Addiction and the Vulnerable Self: Modified Dynamic Group Therapy for Substance Abusers. New York: Guilford.Google Scholar
Kreek, Mary Jeane. 2000. Methadone‐Related Opioid Agonist Pharmacotherapy for Heroin Addiction: History, Recent Molecular and Neurochemical Research in Mainstream Medicine. Annals of the New York Academy of Science 909 (1): 186–216.Google Scholar
Leshner, Alan I. 1999. Science‐Based Views of Drug Addiction and its Treatment. Journal of the American Medical Association 292 (14): 1314–16.Google Scholar
Lindquist, Christine H., Krebs, Christopher P., and Lattimore, Pamela K. 2006. Sanctions and Rewards in Drug Court Programs: Implementation, Perceived Efficacy, and Decision‐Making. Journal of Drug Issues 36 (1): 119–45.Google Scholar
Mackinem, Mitchell B., and Higgins, Paul. 2007. Tell Me about the Test: The Construction of Truth and Lies in Drug Court. Journal of Contemporary Ethnography 36 (3): 223–51.Google Scholar
McAdam, Doug, and Scott, W. Richard. 2005. Organizations and Movements. In Social Movements and Organization Theory: Building Bridges, ed. Davis, Gerald F., McAdam, Doug, Scott, W. Richard, and Zald, Mayer, 4–40. Cambridge: Cambridge University Press.Google Scholar
McClellan, Mark B. 2002. Two Drugs for Opioid Dependence. Journal of the American Medical Association 288 (21): 1290–97.Google Scholar
Meekins, Tamar M. 2007. Risky Business: Criminal Specialty Courts and the Ethical Obligations of the Zealous Criminal Defender. Berkeley Journal of Criminal Law 75:75–126.Google Scholar
Meyer, Robert G., and Weaver, Christopher M. 2006. Law and Mental Health: A Case‐Based Approach. New York: Guilford Press.Google Scholar
Mirchandani, Rekah. 2008. Beyond Therapy: Problem‐Solving Courts and the Deliberative Democratic State. Law & Social Inquiry 33 (4): 853–93.Google Scholar
Mosher, Clayton J., and Akins, Scott. 2007. Drugs and Drug Policy: the Control of Consciousness Alteration. Thousand Oaks, CA: Sage.Google Scholar
NADCP (National Association of Drug Court Professionals). 1997. Defining Drug Courts: The Key Components. Washington, DC: Office of Justice Programs, US Department of Justice.Google Scholar
NIDA (National Institutes of Drug Addiction). 1999. Principles of Drug Addiction Treatment: A Research‐Based Guide. NIH Publication 99‐4180. Washington, DC: National Institute of Health.Google Scholar
Nolan, James L. 2002a. Drug Courts in Theory and Practice. New York: Aldine De Gruyter.Google Scholar
Nolan, James L. 2002b. Therapeutic Adjudication. Society 39 (2): 29–38.Google Scholar
Nolan, James L. 2003. Reinventing Justice: The American Drug Court Movement. Princeton, NJ: Princeton University Press.Google Scholar
ONDCP (Office of National Drug Control Policy). 2007. Treatment. Office of National Drug Control Policy. http://www.whitehousedrugpolicy.gov/ (accessed February 1, 2007).Google Scholar
Paik, Leslie. 2006. Organizational Interpretations of Drug Test Results. Law and Society Review 40 (4): 931–62.Google Scholar
Paik, Leslie. 2009 Maybe He's Depressed: Mental Illness as a Mitigating Factor for Drug Offender Accountability. Law & Social Inquiry 34 (3): 569–75.Google Scholar
Pratt, Michael G., and Foreman, Peter O. 2000. Classifying Managerial Responses to Multiple Organizational Identities. Academy of Management Review 25 (1): 18–42.Google Scholar
Quinn, Mae C. 2007. An RSVP to Professor Wexler's Warm Therapeutic Jurisprudence Invitation to the Criminal Defense Bar: Unable to Join, Already (Somewhat Similarly) Engaged. Boston College Law Review 48 (3): 539–95.Google Scholar
Quinn, Mae C. 2009. The Modern Problem‐Solving Court Movement: Domination of Discourse and Untold Stories of Criminal Justice Reform. Journal of Law and Policy 31:57–82.Google Scholar
Satel, Sally L. 1998. Observational Study of Courtroom Dynamics in Selected Drug Courts. National Drug Court Institute Review 1 (1): 43–72.Google Scholar
Slobogin, Christopher. 1995. Therapeutic Jurisprudence: Five Dilemmas to Ponder. Psychology, Public Policy, and Law 1 (1): 193–219.Google Scholar
Spinak, Jane M. 2003. Why Defenders Feel Defensive: The Defender's Role in Problem‐Solving Courts. American Criminal Law Review 40:1617–23.Google Scholar
Strauss, Anselem L., and Corbin, Julient M. 1998. Basics of Qualitative Research: Techniques and Procedures for Developing Grounded Theory. Thousand Oaks, CA: Sage.Google Scholar
Taxman, Faye S., and Bouffard, Jeffrey A. 2003. Substance Abuse Counselors' Treatment Philosophy and the Content of Treatment Services Provided to Offenders in Drug Court Programs. Journal of Substance Abuse Treatment 25 (2): 75–84.Google Scholar
Thompson, Anthony C. 2002. Courting Disorder: Some Thoughts on Community Courts. Journal of Law & Policy 10: 63–99.Google Scholar
Tyuse, Sabrina W., and Linhorst, Donald M. 2005. Drug Courts and Mental Health Courts: Implications for Social Work. Health and Social Work 30 (3): 233–40.Google Scholar
Ulman, Richard B., and Paul, Harry. 2006. The Self Psychology of Addiction and Its Treatment: Narcissus in Wonderland. New York: Psychology Press.Google Scholar