Adding Color to the White Paper: Time for a Robust Reciprocal Relationship between Procedural Justice and Therapeutic Jurisprudence
Court Review, 2008
11 Pages Posted: 14 May 2008 Last revised: 7 Aug 2008
Date Written: August 4, 2008
This brief essay was prepared for a special issue of Court Review, the journal of the American Judges Association, dedicated to a recent White Paper on Procedural Fairness. The essay applauds the White Paper and the attention that courts must pay to procedural justice in their day-to-day operations. But the essay asserts that our incarceration crisis and the unfairness it breeds will not be overcome by procedural justice alone, and that judges must also become versed in the insights of therapeutic jurisprudence(TJ). The essay concludes by recommending that an excellent short Canadian TJ manual should be distributed to courts as a companion to the procedural justice White Paper.
Keywords: procedural justice, procedural fairness, therapeutic jurisprudence, TJ
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