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Promoting Societal and Juridical Receptivity to Rehabilitation: The Role of Therapeutic Jurisprudence

COURT-SUPERVISED TREATMENT ALTERNATIVES TO INCARCERATION FOR DRUG-DEPENDENT OFFENDERS: THE DRUG POLICY AGENDA, Caroline S. Cooper & Antonio Lomba eds., 2013 Forthcoming

Arizona Legal Studies Discussion Paper No. 10-46

19 Pages Posted: 10 Dec 2010 Last revised: 26 Aug 2013

David B. Wexler

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

Michael S. King

Monash University - Faculty of Law

Date Written: October 17, 2011

Abstract

This paper is a chapter in a forthcoming book to be published by the Organization of American States (OAS). As part of its drug "demand reduction" effort, the OAS is interested in Drug Treatment Courts in particular, and in therapeutic jurisprudence more generally. Our chapter looks to how jurisdictions may use the therapeutic jurisprudence (TJ) approach to create a societal and juridical atmosphere more conducive to the establishment of Drug Treatment Courts. The chapter notes, however, that under a "problem solving" philosophy, many drug courts have become somewhat coercive and paternalistic, departing from the principles of therapeutic jurisprudence. We discuss the TJ principles and urge a "solution-focused" approach to judging, more in line with TJ notions, and based on procedural fairness, active client involvement and participation, close attention to client strengths, and other concepts that place the client at center stage of the therapeutic effort.

Keywords: therapeutic jurisprudence, solution-focused judging, drug treatment courts, rehabilitation

Suggested Citation

Wexler, David B. and King, Michael S., Promoting Societal and Juridical Receptivity to Rehabilitation: The Role of Therapeutic Jurisprudence (October 17, 2011). COURT-SUPERVISED TREATMENT ALTERNATIVES TO INCARCERATION FOR DRUG-DEPENDENT OFFENDERS: THE DRUG POLICY AGENDA, Caroline S. Cooper & Antonio Lomba eds., 2013 Forthcoming ; Arizona Legal Studies Discussion Paper No. 10-46. Available at SSRN: https://ssrn.com/abstract=1722278

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

Michael S. King

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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