Therapeutic Jurisprudence, Legal Landscapes, and Form Reform: The Case of Diversion

Florida Coastal Law Review, 2009

Arizona Legal Studies Discussion Paper No. 09-05

25 Pages Posted: 11 Feb 2009 Last revised: 27 Apr 2009

David B. Wexler

University of Puerto Rico - School of Law; University of Arizona James E. Rogers College of Law

Date Written: April 26, 2009

Abstract

This essay, prepared for a therapeutic jurisprudence workshop at the Florida Coastal Law School, will be published in the Therapeutic Jurisprudence Review of the Florida Coastal Law Review. It discusses several therapeutic and antitherapeutic legal landscapes operative in diversion, sentencing, and corrections, such as sentence credit for presentence confinement, the relevance of post-offense and post-sentence rehabilitation on sentence imposition, and the absence of motivational power in the federal mechanism of supervised release. Finally, it discusses in detail the federal diversion program, and the pretrial diversion form and related procedures as detailed in the US Attorneys Manual. The essay concludes by conceptualizing the Manual as part of the federal "legal landscape" of interest to the field of therapeutic jurisprudence, and suggests "form reform" as an important new direction of scholarship.

Keywords: therapeutic jurisprudence, diversion, legal forms

Suggested Citation

Wexler, David B., Therapeutic Jurisprudence, Legal Landscapes, and Form Reform: The Case of Diversion (April 26, 2009). Florida Coastal Law Review, 2009; Arizona Legal Studies Discussion Paper No. 09-05. Available at SSRN: https://ssrn.com/abstract=1340705

David B. Wexler (Contact Author)

University of Puerto Rico - School of Law ( email )

PO Box 23349
San Juan.PR, AZ 00931
Puerto Rico
787-565-1625 (Phone)

HOME PAGE: https://law.arizona.edu/david-b-wexler

University of Arizona James E. Rogers College of Law

P.O. Box 210176
Tucson, AZ 85721-0176
United States
787-565-1625 (Phone)

HOME PAGE: https://law.arizona.edu/david-b-wexler

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