‘But I Ain’t a Judge’: The Therapeutic Jurisprudence Implications of the Use of Non-Judicial Officers in Criminal Justice Cases

2019 ◽  
Author(s):  
Michael L. Perlin
Keyword(s):  
Criminal 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.

Current Issues in the Criminal Justice System

2019 ◽  
pp. 1-11
Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Mentally Ill ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Revolving Door ◽  
The Other ◽  
Recidivism Rates ◽  
System P ◽  
Problem Solving Courts

This chapter provides an introduction to the scope of the problems facing the criminal justice system, with a specific focus on the overrepresentation of mental illness and substance abuse among justice-involved individuals. After discussing the “revolving door” and increased incarceration and recidivism rates among mentally ill and drug-involved offenders, the authors introduce therapeutic jurisprudence and the other foundational principles and common themes of problem-solving courts. This discussion illustrates the paradigm shift away from punishment and toward rehabilitation and increased collaboration among different entities within the criminal justice system. The chapter concludes with a brief review of the contents of the volume.

scholarly journals Perpetrators and Pariahs: Definitional and Punishment Issues For Child Sex Offenders, and Therapeutic Alternatives for the Criminal Justice System

2016 ◽  
Vol 16 (3) ◽  
pp. 85
Author(s):  
Charlotte Rose Glab
Keyword(s):  
Criminal Justice ◽  
Sex Offenders ◽  
Criminal Justice System ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Physical Contact ◽  
Great Success ◽  
Font Size ◽  
Therapeutic Assistance ◽  
Therapeutic Alternatives

<p><em><span style="font-family: Times New Roman;"><span style="font-size: medium;">A punitive approach to criminal sentencing is profoundly counterintuitive in circumstances where incarceration and criminal labelling expedites, rather than prevents, recidivism. In a bid to avoid physical contact offences some paedophiles self-manage with low-level offending, such as viewing child exploitation material. These individuals are child sex offenders who may be receptive to rehabilitation with therapeutic assistance, yet are punished in a system deficient of genuine rehabilitation methodology. Therapeutic jurisprudence approaches for paedophiles have seen great success in international jurisdictions. This article contends that it  </span><span style="font-size: medium;">is not without merit as an alternative for Australian sentencing practices. </span><span style="font-size: medium;"> </span></span></em></p>

Drug Courts

2017 ◽  
Author(s):  
Julie Schroeder ◽  
Bridgette Harris
Keyword(s):  
Criminal Justice ◽  
Case Management ◽  
Criminal Behavior ◽  
Social Work Students ◽  
Therapeutic Jurisprudence ◽  
Drug Courts ◽  
Treatment Services ◽  
Public Defense ◽  
Hands On ◽  
Judicial Sanctions

Drug courts were developed to facilitate treatment for criminal offenders with substance abuse problems. Drug courts operate using dual paradigms of healing and discipline via treatment, social service resources, and case management for healing, and judicial sanctions and criminal justice interventions in efforts to initiate change resulting in sobriety and no further criminal behavior. The key goals of most drug courts are to reduce drug use and associated criminal behavior by engaging and retaining drug-involved offenders in programs and treatment services; to concentrate expertise about drug cases into a single courtroom; to address other defendant needs through clinical assessment and effective case management; and to free judicial, prosecutorial and public defense resources for adjudicating non-drug cases. It is vital that social work students be introduced to drug courts and how they function for students to gain better understanding of how addiction can bring their clients into contact with the criminal justice system. Drug courts are ideal settings for internship placements so that students can get hands-on experience in a court setting and assist clients using a therapeutic jurisprudence model.

scholarly journals RESTORATIVE JUSTICE: BRINGING JUSTICE FOR CRIME VICTIMS?

Obiter ◽  
2015 ◽  
Vol 36 (1) ◽  
Author(s):  
PN Makiwane
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Crime Victims ◽  
The State ◽  
Therapeutic Jurisprudence ◽  
Crime Victim ◽  
Meaningful Participation ◽  
Administration Of Justice

To date, South Africa’s criminal justice system has been about crime and the punishment of offenders, and not about redress for crime victims. This can be ascribed to the nature of a criminal system that perceives crime to be a matter between the State and the accused, with the victim playing the marginal role of a witness. The retributive nature of our criminal justice has played a crucial role in the marginalization of the very person who was victimized, namely the crime victim. A number of countries have recently developed practices of restorative justice and therapeutic jurisprudence that have introduced an all-inclusive justice system that allows for participation by offenders, crime victims, their family members, the community and the State. Sadly, our country has been but tentative in its acceptance of restorative justice processes, with only a few thousands of individuals having benefitted from it since its inception. Although restorative justice is acclaimed as a system that allows for meaningful participation of victims in criminal processes, the author argues that the system favours mostly offenders, young offenders in particular, and is applied in respect of minor offences. For serious crimes, courts have been reluctant to embrace restorative justice processes, preferring to revert to the retributive system which is believed to have failed in reducing the crime rate in any country. In this article the author develops the idea that a lukewarm reception of restorative processes is detrimental to the administration of justice. It defeats the very purpose of victim involvement in the criminal justice system, and deprives the crime victim of the very benefits restorative justice is acclaimed for, namely healing and satisfaction.

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