Judge Jamey Hueston (Retired) writes... On any given day, in courtrooms across the world, judges witness the unfortunate consequences of drug abuse reflected by some offenders who are in court “nodding out” from a “heroin high” while waiting for their cases to be called. A steady stream of people with untreated mental-health issues also enter … Continue reading Exporting Drug Court Concepts to Traditional Court (TJ Court Craft Series #10)
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 bloggers Arie Freiberg, Emeritus Professor of Law, Monash University and Dr Becky Batagol, Senior Lecturer in Law, Monash University, Co-Authors of Non-Adversarial Justice, explore the role of therapeutic jurisprudence in the justice system... Last week The Australian newspaper published an opinion piece in which Jennifer Oriel argued that that ‘activist judges’ are usurping the role of parliament in promoting … Continue reading Therapy and Justice Belong Together
Therapeutic Jurisprudence (“TJ”) looks at the law and legal systems as potential therapeutic (or anti-therapeutic) agents for the lives of people and communities. Under TJ, the "law" consists of legal rules and procedures as well as the practices and techniques of legal actors (judges, lawyers, therapists and others) working in a legal environment. In the criminal … Continue reading Tips for using therapeutic jurisprudence to improve mainstream criminal courts