The Use of Therapeutic Jurisprudence in Law School Clinical Education: Transforming the Criminal Law Clinic
Bruce J. Winick
University of Miami School of Law
David B. Wexler
University of Puerto Rico - School of Law; University of Arizona James E. Rogers College of Law
Clinical Law Review, Vol. 13, p. 605, 2006
New York Law School Clinical Research Institute Paper No. 05/06-8
Arizona Legal Studies Discussion Paper No. 06-35
This article describes how therapeutic jurisprudence, and the therapeutic jurisprudence/preventive law model, can be imported into legal education and practice. Although the approach can (and does) find application in a broad spectrum of legal areas, the present article focuses on the criminal law clinic and on training future criminal lawyers with an expanded professional role: one that explicitly adds an ethic of care and considerations of rehabilitation. As such, it brings an interdisciplinary perspective into clinics and law practice, with particular emphasis on insights and techniques drawn from psychology, criminology, and social work. The article explores a therapeutic jurisprudence framework for thinking about criminal law competencies, and illustrates the explicit use of the expanded professional role in the area of sentencing, in juvenile parole revocation proceedings, and in a tribal reentry court project.
Number of Pages in PDF File: 29
Keywords: clinical legal education, therapeutic jurisprudence, criminal lawAccepted Paper Series
Date posted: November 10, 2005
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