NCJ Number
178120
Journal
National Institute of Justice Journal Dated: July 1999 Pages: 12-19
Date Published
July 1999
Length
8 pages
Annotation
After reviewing the influences that have led to "therapeutic jurisprudence," this article considers the logistics of implementing it in court operations.
Abstract
Formally, "therapeutic jurisprudence" is a relatively new and rapidly growing area of academic inquiry. In essence, it "proposes the exploration of ways in which, consistent with principles of justice, the knowledge, theories, and insights of the mental health and related disciplines can help shape the law." The fundamental principle underlying therapeutic jurisprudence is the selection of a therapeutic option, an option that promotes health and does not conflict with other normative values of the legal system. Therapeutic jurisprudence claims that attending to the individuals as well as the issues involved in a case leads to more effective dispositions. Therapeutic jurisprudence can be practiced by judges when interacting with the individuals involved in a particular case. Therapeutic jurisprudence may also be practiced at the organizational level of the court by devising new procedures, information systems, and sentencing options by establishing links to social service providers to promote therapeutic outcomes. For some areas of law and court policy, the practice of therapeutic jurisprudence principles requires changes to State statutes or to court rules, policies, or procedures that apply across courts. Real-life examples are provided to help clarify the role of therapeutic jurisprudence at the individual case level, the court level, and the policy level. Recommendations are offered for alternative approaches for implementing therapeutic jurisprudence. 23 notes