Professor David Wexler writes... I recently learned of a very pro forma—but successful—felony expungement proceeding, a proceeding that puts into sharp focus the difference between the Therapeutic Design of the Law (TDL) and the Therapeutic Application of the Law (TAL). The Petitioner, with a many year old felony drug conviction and otherwise lawful behavior, … Continue reading A pro forma expungement proceeding: A lost therapeutic opportunity?
Guest blogger Thea Johnson, Associate Professor of Law, University of Maine School of Law, teaches criminal law and procedure.... Since the election of Trump, there has been an interesting trend among prosecutors in the U.S. to resist the growing reach of federal immigration law in their own jurisdictions. A host of criminal convictions, including for … Continue reading Creative Plea Bargaining to Avoid Collateral Consequences
Guest blogger Jordan Tutton writes... In early 2016, a young Indigenous Australian man robbed a liquor store in the southern suburbs of Adelaide, South Australia. He pleaded guilty and asked to be sentenced in a specialist criminal court established to sentence Indigenous Australians. That Court was convened in September 2016 around a comically long Bar … Continue reading What can mainstream courts learn from aboriginal sentencing courts…
In this blog Kirk Heilbrun, Patricia Griffin, Edward Mulvey, David DeMatteo, and Carol Schubert explore the Sequential Intercept Model, how can it be used and it's relationship with therapeutic jurisprudence (TJ)... There is now pending legislation in the U.S. Senate and the U.S. House involving the diversion of justice-involved individuals with behavioral health disorders from … Continue reading The Sequential Intercept Model (SIM) and Therapeutic Jurisprudence
In this blog post Dana Segev provides TJ techniques for defence lawyers who wish to improve their effectiveness... It has long been acknowledged by Therapeutic Jurisprudence (TJ) that lawyer’s actions can have important consequences for defendants. Defence lawyers received particular focus in TJ literature, and techniques have been developed to enhance their clients’ emotional well-being … Continue reading Therapeutic Jurisprudence for defence lawyers