Getting Started with the Mainstreaming of Therapeutic Jurisprudence in Criminal Cases: Tips on How and Where to Begin

Abstract

Therapeutic Jurisprudence (“TJ”) is a perspective that looks at the law itself as a potential therapeutic (or anti-therapeutic) agent. Under TJ, the “law” consists of legal rules and procedures as well as the practices and techniques of legal actors (judges, lawyers, therapists and others) working in a legal environment. TJ is best known for its use in special 'problem-solving courts', such as drug treatment courts and mental health courts. Now, however, an effort is being made – internationally – to “mainstream” TJ: to bring therapeutic jurisprudence practices into the “ordinary” criminal justice legal system. The current monograph offers a guide to how the mainstreaming project should proceed, and, especially, offers some suggestions for where in the process we might most profitably begin.

Keywords: Therapeutic Jurisprudence, Law, Justice