Words Matter: How Language Shapes Justice in Treatment Courts

Few professions understand the power of words better than those who work in the justice system. Judges carefully choose the language they use from the bench. Attorneys debate the meaning of a single word in a statute or contract. Prosecutors and defense attorneys know that the way a question is asked can influence the answer that is given. Every day, we rely on words to explain the law, establish facts, advocate for our positions, and hold individuals accountable.

We understand that words have consequences. Yet some of the most important words we use are not found in statutes, legal briefs, or judicial opinions. They are the words we choose when speaking to the people who stand before us. That is especially true in treatment courts.

Nearly a decade ago, I wrote about the importance of using person-first language when discussing substance use disorders.^[i] That conversation remains just as important today. The words we use influence how individuals are viewed, how they are treated, and whether they feel respected or stigmatized. Research has consistently shown that language affects perception, even among trained professionals.^[ii] Simply changing the description of an individual from a “drug user” to “a person with a substance use disorder” can influence whether that person is viewed as deserving of treatment or punishment. 

That research and more^[iii] has become foundational in helping us understand the relationship between language and stigma. But stigma is only part of the story. The words we choose do more than shape how we view people. They shape how we deliver justice.

Language Shapes Perception

Every conversation begins with perception. Before we make a recommendation, impose a sanction, or celebrate a participant’s success, we have already formed impressions about the individual standing before us. Those impressions are influenced by experience, education, and, whether we realize it or not, by the language we use and hear every day.

Labels have a remarkable ability to simplify complex human beings. When a person becomes “an addict,” “a manipulator,” or “non-compliant,” it becomes easier to see the label than the individual. We stop seeing a parent trying to rebuild relationships, the veteran coping with trauma, or a young adult struggling with a chronic disease. The label begins to define the person.

That is how stigma develops. Stigma is rarely created by a single conversation or a single comment. More often, it grows quietly through repeated words and assumptions until they become part of how we think.

Perception Shapes Interaction

How we perceive people inevitably influences how we speak to them. If we view someone as incapable of change, our conversations often become cynical. If we see someone only through the lens of past failures, our expectations begin to reflect those failures.

Conversely, when we recognize that recovery is possible and that substance use disorders are treatable medical conditions, our conversations naturally change. We continue to hold participants accountable for their choices, address violations, and respond to setbacks. But in treatment courts, accountability is more than a response to misconduct, it is part of the treatment process, encouraging honesty, reinforcing responsibility, and supporting long-term recovery.

That distinction matters. Accountability remains a cornerstone of treatment courts, but it is intentionally paired with evidence-based treatment, judicial leadership, and meaningful support to promote lasting behavioral change. The language we use either advances that mission or undermines it. Words that reinforce stigma can become barriers to engagement and recovery, while words that communicate respect, hope, and accountability help create an environment where lasting change is possible.

Ultimately, the effectiveness of treatment courts depends not only on the decisions they make, but on how those decisions are communicated. Accountability, treatment, and support are experienced through interactions between participants and the professionals who serve them. That is why language matters. It is the means by which the principles of treatment courts are put into practice.

Interaction Shapes Justice

Justice is experienced through people. Participants may not remember every case discussed during a hearing or every legal argument presented by counsel. They may not remember the precise wording of a court order or the legal reasoning behind a particular decision. But many will remember how they were treated.

This is one of the fundamental principles of procedural justice.^[iv]  Decades of research have demonstrated that people are more likely to view the justice system as legitimate, and more likely to comply with court orders, when they believe they have been treated with fairness, respect, and dignity, when they have been given an opportunity to be heard, and when they perceive the decision-making process as impartial and trustworthy. In other words, justice is measured not only by the outcome, but also by the process.

How do treatment court participants experience those principles? Through our words. They experience respect through the language we use. They experience dignity through the conversations we have. They experience voice when we genuinely listen. They experience fairness when our words demonstrate impartiality and consistency. 

Every conversation contributes to the culture of a courtroom, such as:

• A judge’s comments from the bench.
• A prosecutor’s recommendation.
• A defense attorney’s advocacy.
• A probation officer’s guidance.
• A coordinator’s encouragement.

Each interaction either reinforces stigma or reduces it. Each conversation either strengthens trust or weakens it. Each word either reinforces the legitimacy of the court or undermines it. Justice is not experienced only through the orders issued. It is experienced through the words that bring those orders to life.

More Than Political Correctness

Some dismiss discussions about language as little more than political correctness. That misses the point. Choosing words carefully is not about avoiding difficult conversations or ignoring personal responsibility. Treatment courts require honesty, accountability, and consequences. Those principles are essential.

But accountability and dignity are not competing values. They reinforce one another. When we communicate respect while maintaining high expectations, we create an environment where individuals are more willing to engage in treatment, accept responsibility, and continue moving toward recovery. That is not simply good communication. It is evidence-based justice.

A Responsibility We All Share

Every member of the treatment court team influences the culture of the courtroom. Not only through decisions. Not only through policies. But through conversations. The words we choose shape perceptions. Perceptions influence stigma. Stigma affects relationships. And those relationships ultimately influence how justice is experienced.

Justice begins with the rule of law. But it is often remembered through the conversations that bring those laws to life. Words matter. Not simply because they describe justice. But because they help create it.

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^[i] David J. Wallace, The Power of Language: Ending Stigma in Substance Use Disorders, May 16, 2017.

^[ii] Kelly, Westerhoff, Does it matter how we refer to individuals with substance-related conditions? A randomized study of two commonly used terms. International Journal of Drug Policy, Volume 21, Issue 3, May 2010, Pages 202-207.

^[iii] See Anna P Goddu, et. al. Do Words Matter? Stigmatizing Language and the Transmission of Bias in the Medical Record, J Gen Intern Med. 2018 Jan 26;33(5):685–691; National Institutes of Health, Words matter: language can reduce mental health and addiction stigma, NIH leaders say, July 19, 2021; Dioanne “JoJo” Adsuara, Dave Ofori, Stigma: How Vocabulary and Language Can Make a Difference, Behavioral Health News, April 8, 2023.

^[iv] What is Procedural Justice? Justice Speakers Institute.