skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 183183 Find in a Library
Title: Therapeutic Jurisprudence & the Emergence of Problem-Solving Courts
Journal: Alternatives to Incarceration  Volume:6  Issue:2  Dated:Spring 2000  Pages:27-30
Author(s): David Rottman; Pamela Casey
Editor(s): Thomas S. Kapinos
Date Published: 2000
Page Count: 4
Format: Article
Language: English
Country: United States of America
Annotation: Individual judges, trial courts, and State court systems are adopting a problem-solving orientation to their work, one distinct from the traditional model of the disinterested magistrate, and therapeutic jurisprudence is proposed a new approach to incorporating mental health and related disciplines in the field of law.
Abstract: In the new model, problem is defined expansively to include a wide range of behavioral and social problems that arise in the community. Although courts are establishing problem-solving partnerships, they lack a coherent strategy comparable to community policing. Therapeutic jurisprudence is proposed as a problem-solving approach that focuses on justice, rights, and equality issues and embodies an ethic-of-care perspective. Restorative justice and community justice are related approaches to problem-solving that offer the field of therapeutic jurisprudence potential strategies for achieving therapeutic outcomes. Therapeutic jurisprudence is intended to achieve court and community collaboration and is based on the premise that attending to both individuals and issues involved in a case leads to more effective dispositions. At the individual case level, therapeutic jurisprudence suggests that judges look for "psycho-judicial soft spots," areas in which judicial system actions may lead to anti-therapeutic consequences. At the court level, therapeutic jurisprudence has been adopted at the organizational level in the form of special court programs or specialized courts. Although some therapeutic outcomes can be achieved at either the individual case level or the court organizational level, some must be addressed at the policy level. Alternative approaches for implementing therapeutic jurisprudence are discussed. 2 photographs
Main Term(s): Court system
Index Term(s): Court reform; Court relations; Criminal law; Judicial decisions; Jurisprudence; Legal doctrines; Sociology of law
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=183183

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.