Therapeutic Jurisprudence and Readiness for Rehabilitation

Abstract

After about a quarter of a century, we seem finally to have turned the correctional corner, leaving behind a nothing works mentality, and finally embarking upon a more promising path. Empirical research is indeed suggesting that certain rehabilitative programs can have real value, and correctional authorities are taking note.

Even with such programs in place, however, real success should follow only if incarcerated persons are motivated to participate and to engage fully in the enterprise. What makes for motivated inmates? There is now an emerging body of research on responsivity to treatment or readiness for rehabilitation.

This essay looks through a therapeutic jurisprudence lens at how the LAW - more precisely, how the behavior of lawyers and judges - may impact help-seeking behavior and willingness to undertake rehabilitative efforts.

Keywords: therapeutic jurisprudence, readiness for rehabilitation, responsivity, sentencing, criminal lawyers, criminal law, criminal procedure, criminology, criminal justice