Therapeutic Jurisprudence’s Challenge to the Judiciary

Abstract

Therapeutic jurisprudence offers judges techniques and principles that promote the attainment of therapeutic outcomes such as the resolution of underlying issues associated with legal problems. These techniques and principles also equip judges to perform their daily technical functions concerning the conduct of the court and the gathering and interpretation of evidence and delivery of judgment more effectively. Misconceptions concerning the nature and application of therapeutic jurisprudence have hindered the wider adoption of therapeutic jurisprudence by the judiciary. Through the exploration of therapeutic jurisprudence and the sharing of the experience of using therapeutic jurisprudence techniques, judges have the ability to contribute to the development of therapeutic jurisprudence and to best practice in judging.

Keywords: therapeutic jurisprudence, judges, court, offenders, psychology, rehabilitation, problem-solving courts, sentencing, drug courts

JEL Classification: K00, K10, K14,K19