Guiding Court Conversation Along Pathways Conducive to Rehabilitation: Integrating Procedural Justice and Therapeutic Jurisprudence

2015 ◽  
Author(s):  
David B. Wexler
Keyword(s):  
Procedural Justice ◽  
Therapeutic Jurisprudence

A problem-solving approach to criminalised women in the Australian context

2021 ◽  
pp. 1037969X2098510
Author(s):  
Megan Beatrice
Keyword(s):  
Criminal Justice ◽  
Problem Solving ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Upward Trend ◽  
Complex Needs ◽  
Australian Context

The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.

Therapeutic Jurisprudence in Swift and Certain Probation

2020 ◽  
Vol 64 (12) ◽  
pp. 1768-1785 ◽  
Author(s):  
Kelly Frailing ◽  
Brandi Alfonso ◽  
Rae Taylor
Keyword(s):  
Mental Health ◽  
Procedural Justice ◽  
Probation Officers ◽  
Therapeutic Jurisprudence ◽  
Drug Courts ◽  
Specialty Courts ◽  
Therapeutic Justice ◽  
And Function

While the manifestation of therapeutic jurisprudence in specialty courts such as mental health and drug courts has received attention in the literature, there is little scholarship on the manifestation and function of therapeutic jurisprudence in probation settings. This study examines therapeutic jurisprudence in the context of a HOPE-based probation program called Swift and Certain probation. We observed status hearings and surveyed participants on their perceptions of the program for over 2 years. We found that therapeutic jurisprudence was manifested in the judge’s liberal use of praise during status hearings, which appeared to be an important part of participants’ positive perceptions of him and of procedural justice more generally. It was also manifested, though less directly, in interactions and relationships participants have with their probation officers. We conclude with suggestions for the implementation of therapeutic justice practices in Swift and Certain and similar probation programs.

scholarly journals Looking at Hawaii’s Opportunity with Probation Enforcement (HOPE) Program Through a Therapeutic Jurisprudence Lens

2016 ◽  
Vol 16 (3) ◽  
pp. 30 ◽  
Author(s):  
Lorana Bartels
Keyword(s):  
Procedural Justice ◽  
Therapeutic Jurisprudence ◽  
Early Termination ◽  
Solution Focused ◽  
Good Behaviour

<em>This article examines Hawaii’s Opportunity with Probation Enforcement (HOPE) program through the lens of therapeutic jurisprudence (TJ). The article presents an overview of TJ and solution-focused courts, followed by an overview of HOPE, including findings from four evaluations. It then provides a detailed description of recent observations of HOPE in practice, with particular focus on the warning hearing, sanctions for non-compliance, early termination for good behaviour, and the intersections between TJ, HOPE and procedural justice. The article concludes by arguing that there are a number of misunderstandings about HOPE and that it is best understood when viewed through a TJ lens.</em>

When Does Voice Have to be More Than Only Listening? Procedural Justice Effects as a Function of Confident Leadership

2010 ◽  
Vol 9 (2) ◽  
pp. 69-78 ◽  
Author(s):  
David De Cremer ◽  
Maarten Wubben
Keyword(s):  
Procedural Justice ◽  
Interaction Effect ◽  
Laboratory Experiments ◽  
Negative Emotions

The present research examined how voice procedures and leader confidence affect participants’ negative emotions and willingness to withdraw. It was predicted that receiving voice would be valued out of instrumental concerns, but only when the enacting leader was high in confidence. Two laboratory experiments indeed showed an interaction between type of voice (pre-decisional vs. post-decisional) and leader’s confidence (low vs. high) on participants’ negative emotions and willingness to withdraw. In particular, post-decision voice only led to more negative responses than did pre-decision voice when the enacting leader was high in confidence. Negative emotions mediated this interaction effect of type of voice on willingness to withdraw. Implications for integrating the leadership and procedural justice literatures are discussed.

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