NCJ Number
188803
Journal
Criminal Justice Policy Review Volume: 12 Issue: 1 Dated: March 2001 Pages: 66-87
Date Published
March 2001
Length
22 pages
Annotation
This empirical study used a logit model to analyze and test therapeutic jurisprudence as the theory behind the drug court mission and its day-to-day operations.
Abstract
Therapeutic jurisprudence (TJ) focuses on "the sociopsychological ways in which laws and legal processes affect individuals involved in the legal system." The study notes that the expansion of drug courts into numerous additional jurisdictions continues at a rapid pace. Despite this, and the commensurate growth of drug court literature, there is a surprising paucity of empirical studies that test and develop an underlying theory for drug court. This study examines three TJ components -- court monitoring, drug treatment, and criminal procedure -- and incorporates offender characteristics such as age and race to investigate the likelihood of program completion for offenders who participate in the drug court program. The findings indicate, among other things, that the manner of interactions between the judge and offenders can increase the likelihood of offenders remaining abstinent and staying engaged in treatment for the duration of the drug court program. Overall, the TJ theory suggests that offenders may be more responsive to the orientation of a court that uses positive reinforcement rather than the traditional tools of retribution, deterrence, and punishment. Figure, table, references