Can plea bargaining/criminal settlement processes be therapeutic?

Therapeutic jurisprudence (TJ) is a lens through which we can improve the effectiveness of criminal justice systems.  TJ invites us to ask - Can we redesign the law itself, can we apply the law in different ways that will improve the wellbeing of people involved in it? Plea bargaining, settlement conferences and other processes that seek … Continue reading Can plea bargaining/criminal settlement processes be therapeutic?

Therapeutic Jurisprudence: New Zealand Perspectives – a new book for law reformers everywhere

David Wexler, co founder of the concept of Therapeutic Jurisprudence (TJ) introduces a seminal book edited by Warren Brookbanks, Professor of Law, The University of Auckland, New Zealand entitled Therapeutic Jurisprudence: New Zealand Perspectives. Wexler acknowledges discrepancies between the fluidity of responses necessary for administrating therapeutic justice, and the robust structures required for administering the … Continue reading Therapeutic Jurisprudence: New Zealand Perspectives – a new book for law reformers everywhere

New Wine in New Bottles:   The Rebirth of Rehabilitation in American Juvenile and Adult Criminal Justice

Professor Mark Fondacaro writes....   I was recently invited by the Ohio Northern University College of Law to be a featured speaker at their Annual Law Review Symposium and asked to give a talk that would later be published as part of a special issue on “New Solutions to Old Problems:  A Practical Look at the Rebirth … Continue reading New Wine in New Bottles:   The Rebirth of Rehabilitation in American Juvenile and Adult Criminal Justice

Mandatory sentencing – a TJ unfriendly bottle?

A Sentencing Advisory Council (Victoria, Australia) report on mandatory sentencing is a few years old now but still important given ongoing reliance on such laws in many jurisdictions. The paper examines the aims of mandatory sentencing and assesses whether the various schemes achieve those aims.  It also looks at the economic and social costs of mandatory … Continue reading Mandatory sentencing – a TJ unfriendly bottle?

Moving Forward on Mainstreaming Therapeutic Jurisprudence

David Wexler shares his ideas for furthering both the therapeutic design of the law and the therapeutic application of the law.    Download David Wexler's article here. Interested in TJ? This article is a chapter in a soon to be released book entitled Essays on Therapeutic Jurisprudence in New Zealand (Warren Brookbanks ed., 2015 Forthcoming). Register … Continue reading Moving Forward on Mainstreaming Therapeutic Jurisprudence