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Creating Legitimacy in a Diversion Court: Testing the Theoretical Framework of Procedural Justice and Therapeutic Jurisprudence

NCJ Number
309317
Journal
Drug Court Review Dated: Fall 2023 Pages: 3-27
Author(s)
Lisa Kruse; Nicholas Bakken
Date Published
2023
Length
25 pages
Annotation

This article uses qualitative interviews of drug treatment court (DTC) participants to examine the theoretical framework of procedural justice and therapeutic jurisprudence.

Abstract

In this study, researchers sought to test the theoretical framework of therapeutic jurisprudence and procedural justice in drug treatment courts (DTCs). Therapeutic jurisprudence suggests ideal interactions with participants and procedural justice is key to promoting success in DTCs. Past research has consistently concluded that DTCs are effective at reducing recidivism, but there is no consensus in the literature on what elements of DTCs are key to this success. Participants in this study reported characteristics of therapeutic jurisprudence as key to developing perceptions of procedural justice. The researchers conducted semi-structured qualitative interviews of N=15 active drug court participants of a Midwest DTC. Participants felt that being heard and treated compassionately helped them shift their own understanding of their identities from “addict” or “criminal” to a “person with an addiction.” When entrusted with responsibility for at least part of their own recovery, participants also expressed increased trust in the court. In some cases, court team members were also able to promote perceptions of procedural justice for the whole court. Implications and future directions are discussed in the conclusion.