Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts

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Part I of this book describes the newly emerging problem-solving courts (such as drug treatment courts, domestic violence courts, mental health courts, etc.) and other related approaches to problem-solving judging and judging with an explicit ethic of care. Authors Winick and Wexler show how judges can use therapeutic jurisprudence not only in specialized problem-solving courts, but in general civil and criminal judicial settings as well. In Part II, the book covers emerging "principles" of therapeutic jurisprudence that seem to be at work in successful judicial approaches: how courts can encourage offender reform, how they can help offenders develop problem-solving and coping skills, how they can encourage offender compliance with release conditions, how they can serve as effective risk managers, and much more.
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Product Details

  • ISBN-13: 9780890894088
  • Publisher: Carolina Academic Press
  • Publication date: 1/28/2003
  • Edition description: New Edition
  • Pages: 352
  • Product dimensions: 6.20 (w) x 9.20 (h) x 1.20 (d)

Table of Contents

Introduction 3
A The Revolving Door 13
Out of Jail, Into Temptation: A Day in a Life 13
B Drug Treatment Court 21
Breaking the Cycle of Addiction: Officials Seek to Spread the Word on Drug Treatment Courts 21
Terry Emphasizes Counseling in San Jose 25
Research on Drug Courts: A Critical Review, 2001 Update 27
C Juvenile Drug Treatment Court 31
Crucial, Caring Attention: A New Juvenile Drug Court 'Team' Deals with Everything from Tattoos to Marijuana in an Effort to Turn Wayward Kids Around 31
'You Earn Your Freedom' Juvenile Drug Court Keeps Youths on Track 35
D Juvenile Dependency Drug Treatment Court 39
The Juvenile Dependency Drug Treatment Court of Santa Clara County, California 39
Fighting for Families 42
E Sentencing Circles 45
Teen Bully Finds Justice, Healing and the Courage to Apologize: Sentencing Circle Requested by Mother of Suicide Victim 45
F Teen Court or Youth Court 49
Youths Face a Jury of their Peers: Teen Court Offers a Chance to Clear Records of Minor Offenses 49
Teen Court Never Loses Hope 52
G Domestic Violence Court 55
Court Cracks Down on Domestic Violence 55
Our View: Boise Needs New Method to Stop Domestic Violence 57
H Mental Health Court 59
Mental Health Courts Focus on Treatment; Criminals Often Overlooked in Traditional System are Sentenced to Hospital Care 59
I A Hybrid Domestic Violence/Mental Health Court 63
Threat of Jail Helping Keep Mentally Ill on Medication: Domestic Violence Court Offering Program of Monitored Probation 63
J Reentry Court 67
Staying Home: Effective Reintegration Strategies for Parolees 67
K Problem-Solving Courts Generally 73
Problem-Solving Courts: A Brief Primer 73
L Therapeutic Jurisprudence in Courts of General Jurisdiction 87
Judging for the New Millennium 87
A Therapeutic Jurisprudence as an Underlying Framework 105
Drug Treatment Court: Therapeutic Jurisprudence Applied 106
B Preliminary "Codifications" of Therapeutic Jurisprudence Principles 111
Conference of Chief Justices & Conference of State Court Administrators Resolution in Support of Problem-Solving Courts 112
Florida Statutes: Treatment-Based Drug Court Programs 114
Principles of an Effective Domestic Violence Court 116
10 Key Components of a Criminal Mental Health Court 118
Vision Statement of District Court of Clark County, Washington 124
Maryland's Family Divisions Performance Standard 5.1: A Therapeutic, Holistic, Ecological Approach to Family Law Decision Making 125
C Interpersonal Skills and the Psychology of Procedural Justice 129
Public Trust and Procedural Justice 132
A Change-Focused Approach for Judges 137
The Judge-Defendant Interaction: Toward a Shared Respect Process 148
The Therapeutic Value of the Civil Commitment Hearing 156
Judicial Behavior and the Civil Commitment Petitioner 158
D Countering Denial and Minimization 165
Sex Offenders and the Plea Process 165
Using Plea Procedures to Combat Denial and Minimization 169
E Facilitating Motivation to Change 177
1 Creating Therapeutic Opportunity Out of Crisis 177
The Importance of Timing 178
Ascertaining and Encouraging Change 179
2 Sparking Motivation and Reducing Perceived Coercion 181
The Judge's Role in Encouraging Motivation for Change 181
F Enhancing the Development of Problem-Solving Skills 189
Problem Solving and Relapse Prevention in Juvenile Court 189
G Risk Management 201
Domestic Violence Court Judges as Risk Managers 201
H Enhancing Compliance 213
Health Care Compliance Principles and the Judiciary 213
I Behavioral Contracting 227
How Judges Can Use Behavioral Contracting 227
J Working with Offender-Victim Emotions 231
Working with Shame and Anger in Community Conferencing 231
K Encouraging and Maintaining Desistance 249
Robes and Rehabilitation 249
L Building Strengths 255
Welcome Home?: Examining the "Reentry Court" Concept from a Strengths-Based Perspective 255
M Structural and Administrative Principles 285
The Case for a Specialized Domestic Violence Court 286
A Unified Family Court 294
A Unified Drug Court 297
Monitoring Treatment Provision and Progress 299
Promoting Vicarious Learning through Case Calendaring 300
The Healing Potential of Intake and Processing Forms 301
The Therapeutic Potential of a Duty Judge 302
Judicial Pre-Trials in Child Protection Cases 304
N Therapeutic Techniques in the Appellate Arena 313
How Appellate Courts Can Use Therapeutic Jurisprudence 313
The Antitherapeutic Per Curiam Affirmance 316
Reducing Contentiousness through Legal Doctrine 320
About the Editors 327
Index 329
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