The Use of Therapeutic Jurisprudence in Law School Clinical Education: Transforming the Criminal Law Clinic

29 Pages Posted: 10 Nov 2005  

Bruce J. Winick

University of Miami School of Law

David B. Wexler

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

Abstract

This article describes how therapeutic jurisprudence, and the therapeutic jurisprudence/preventive law model, can be imported into legal education and practice. Although the approach can (and does) find application in a broad spectrum of legal areas, the present article focuses on the criminal law clinic and on training future criminal lawyers with an expanded professional role: one that explicitly adds an ethic of care and considerations of rehabilitation. As such, it brings an interdisciplinary perspective into clinics and law practice, with particular emphasis on insights and techniques drawn from psychology, criminology, and social work. The article explores a therapeutic jurisprudence framework for thinking about criminal law competencies, and illustrates the explicit use of the expanded professional role in the area of sentencing, in juvenile parole revocation proceedings, and in a tribal reentry court project.

Keywords: clinical legal education, therapeutic jurisprudence, criminal law

Suggested Citation

Winick, Bruce J. and Wexler, David B., The Use of Therapeutic Jurisprudence in Law School Clinical Education: Transforming the Criminal Law Clinic. Clinical Law Review, Vol. 13, p. 605, 2006; New York Law School Clinical Research Institute Paper No. 05/06-8; Arizona Legal Studies Discussion Paper No. 06-35. Available at SSRN: https://ssrn.com/abstract=844386

Bruce J. Winick (Contact Author)

University of Miami School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
304-284-3031 (Phone)
304-284-3210 (Fax)

HOME PAGE: http://www.brucewinick.com

David B. Wexler

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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