Can the criminal law ever be therapeutic?

Abstract

This paper addresses the question of whether criminal law, especially in its sentencing and penological aspects, can be adjusted in its workings to incorporate the perspective of therapeutic jurisprudence. A conceptual framework developed by Wexler, Winick, and their colleagues is employed to provide a basis for reflection on the operation and impact of sentencing processes. Of considerable importance in this exercise is a mounting volume of evidence concerning the outcomes of work with adjudicated offenders, which illustrates the potential of psycho-educational, behavioral-cognitive skills-training, and therapeutic programs for reduction of recidivism. Such intervention programs are currently offered within the limits set by, but are not intrinsic components of, judicial decisions. The psycho-legal implications of these findings are discussed and some possibilities surveyed for tentative exploration of actively therapeutic departures within crimino-legal decision-making.

Evaluation of Miranda waiver capacity.

“…Interested-adult rules certainly have intuitive appeal, and a number of legal scholars have called for these rules to be implemented on a wider basis (e.g., Huang, 2000;McGuire, 2000). Judges and legal advocates appear to assume that parents will explain the Miranda rights to their children and act as legal advocates (e.g., Commonwealth v. A Juvenile, 1983).…”

Evaluation of Miranda waiver capacity.

“…Interested-adult rules certainly have intuitive appeal, and a number of legal scholars have called for these rules to be implemented on a wider basis (e.g., Huang, 2000;McGuire, 2000). Judges and legal advocates appear to assume that parents will explain the Miranda rights to their children and act as legal advocates (e.g., Commonwealth v. A Juvenile, 1983).…”

“Sometimes One Does That With Blinders On”: Revisioning Care for Violent Girls

“……”

Increasing Alternative Sentencing in the Juvenile Justice System Through a Partnership Between Public Defenders and Social Workers

“…Those mental health hearings initially applied the therapeutic jurisprudence model to assist the courts in making better therapeutic decisions when considering the removal of one's personal freedom and/or rights for psychiatric reasons (e.g., confinement in Downloaded by [134.117.10.200] at 09:31 14 March 2015 a psychiatric hospital) or physical/mental incompetence reasons (e.g., appointment of a guardian for an adult). The therapeutic jurisprudence concept has evolved greatly over the last several years as it has been applied to many other legal specialties since its inception (McGuire, 2000). Petrucci (2007) summarized samples from studies characteristic of therapeutic jurisprudence, some of which include therapists and child protective workers, judges, mental health patients and professionals, drug and teen court participants, and court-ordered offenders.…”

Evaluation of Miranda waiver capacity.

“…Interested-adult rules certainly have intuitive appeal, and a number of legal scholars have called for these rules to be implemented on a wider basis (e.g., Huang, 2000;McGuire, 2000). Judges and legal advocates appear to assume that parents will explain the Miranda rights to their children and act as legal advocates (e.g., Commonwealth v. A Juvenile, 1983).…”

“Sometimes One Does That With Blinders On”: Revisioning Care for Violent Girls

“……”

Increasing Alternative Sentencing in the Juvenile Justice System Through a Partnership Between Public Defenders and Social Workers

“…Those mental health hearings initially applied the therapeutic jurisprudence model to assist the courts in making better therapeutic decisions when considering the removal of one's personal freedom and/or rights for psychiatric reasons (e.g., confinement in Downloaded by [134.117.10.200] at 09:31 14 March 2015 a psychiatric hospital) or physical/mental incompetence reasons (e.g., appointment of a guardian for an adult). The therapeutic jurisprudence concept has evolved greatly over the last several years as it has been applied to many other legal specialties since its inception (McGuire, 2000). Petrucci (2007) summarized samples from studies characteristic of therapeutic jurisprudence, some of which include therapists and child protective workers, judges, mental health patients and professionals, drug and teen court participants, and court-ordered offenders.…”

Evaluation of Miranda waiver capacity.

“…Interested-adult rules certainly have intuitive appeal, and a number of legal scholars have called for these rules to be implemented on a wider basis (e.g., Huang, 2000;McGuire, 2000). Judges and legal advocates appear to assume that parents will explain the Miranda rights to their children and act as legal advocates (e.g., Commonwealth v. A Juvenile, 1983).…”

“Sometimes One Does That With Blinders On”: Revisioning Care for Violent Girls

“……”

Increasing Alternative Sentencing in the Juvenile Justice System Through a Partnership Between Public Defenders and Social Workers

“…Those mental health hearings initially applied the therapeutic jurisprudence model to assist the courts in making better therapeutic decisions when considering the removal of one's personal freedom and/or rights for psychiatric reasons (e.g., confinement in Downloaded by [134.117.10.200] at 09:31 14 March 2015 a psychiatric hospital) or physical/mental incompetence reasons (e.g., appointment of a guardian for an adult). The therapeutic jurisprudence concept has evolved greatly over the last several years as it has been applied to many other legal specialties since its inception (McGuire, 2000). Petrucci (2007) summarized samples from studies characteristic of therapeutic jurisprudence, some of which include therapists and child protective workers, judges, mental health patients and professionals, drug and teen court participants, and court-ordered offenders.…”