In the decades since the terrorist attacks of September 11, 2001, many of the soldiers who were subsequently deployed to Iraq and Afghanistan have struggled to return back to civilian life, and have ended up in the criminal justice system.
Military veterans were once half as likely as the general population to land in prison. Now, they're twice as likely, Governing reports.
As a result of their service veterans often face a host of additional challenges — including feeling anger, hostility, paranoia and defensiveness in waves, says Brock Hunter, an Army veteran and criminal defense lawyer whose practice focuses on veterans. Substance abuse disorders are common, as are traumatic brain injuries. Homelessness is more prevalent among veterans than
Now, across the country, organizations, courts, and state and local governments are coming up with strategies to keep veterans out of prison after they return home.
The Veterans Justice Commission (VJC) has been working for the past two years to identify ways to help veterans who become involved with the criminal legal system. “We train our soldiers to do incredible things and they are part of the most lethal killing machine on Earth,” says Army Col. Jim Seward, who directs the commission, which is associated with the Council on Criminal Justice.
The organization published its first set of recommendations last year for changes that could help veterans avoid prosecution and incarceration, including improved strategies for identifying veterans in the first place, creating a continuum of alternatives to prosecution and incarceration, and incentive structures for governments to improve diversion and other services for veterans.
In 2008, the first veterans treatment court was founded. Now, there are over 6,000 courts around the country. But their guidelines are inconsistent.
A nonprofit co-founded by Hunter called the Veterans Defense Project, got a grant to convene stakeholders and to develop legislation that would standardize court practices.
In Minnesota, where Hunter is based, the state legislature passed the Veterans Restorative Justice Act that allows vets to reach plea deals and avoid serving time if they accept treatment for problems such as PTSD and substance abuse disorder and don’t reoffend.
That bill served as a roadmap for VJC as they developed policy framework for other states. The resulting model legislation, called the Veterans Justice Act, provides a clear definition of “veteran,” and provides judges with guidelines for programs that can enable veterans to avoid a record of conviction; have charges reduced in severity; and avoid incarceration through treatment and probation. It was adopted by the influential American Legislative Exchange Council in Novemeber.
There are concerns among military leaders that raising awareness around the challenges veterans face as a result of combat deployment, and the possibility of becoming involved in the criminal justice system upon returning home, could hurt recruitment.
But the VJC believes acknowledging risk factors and showing American veterans that there are programs for them if they need help after they come home will improve recruitment and retention. “As a nation, we care about our veterans,” says Seward. “Nobody wants our veterans to go to prison.”