Therapeutic Jurisprudence as a Needed Framework for a Behavioral Health Integrated Criminal Justice System

2016 ◽  
Vol 01 (03) ◽  
Author(s):  
Jonathan Appel ◽  
Dohee Kim Appel
2021 ◽  
pp. 1037969X2098510
Author(s):  
Megan Beatrice

The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.


Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold

This chapter provides an introduction to the scope of the problems facing the criminal justice system, with a specific focus on the overrepresentation of mental illness and substance abuse among justice-involved individuals. After discussing the “revolving door” and increased incarceration and recidivism rates among mentally ill and drug-involved offenders, the authors introduce therapeutic jurisprudence and the other foundational principles and common themes of problem-solving courts. This discussion illustrates the paradigm shift away from punishment and toward rehabilitation and increased collaboration among different entities within the criminal justice system. The chapter concludes with a brief review of the contents of the volume.


2016 ◽  
Vol 16 (3) ◽  
pp. 85
Author(s):  
Charlotte Rose Glab

<p><em><span style="font-family: Times New Roman;"><span style="font-size: medium;">A punitive approach to criminal sentencing is profoundly counterintuitive in circumstances where incarceration and criminal labelling expedites, rather than prevents, recidivism. In a bid to avoid physical contact offences some paedophiles self-manage with low-level offending, such as viewing child exploitation material. These individuals are child sex offenders who may be receptive to rehabilitation with therapeutic assistance, yet are punished in a system deficient of genuine rehabilitation methodology. Therapeutic jurisprudence approaches for paedophiles have seen great success in international jurisdictions. This article contends that it  </span><span style="font-size: medium;">is not without merit as an alternative for Australian sentencing practices. </span><span style="font-size: medium;"> </span></span></em></p>


2019 ◽  
Vol 21 (1) ◽  
pp. 19-30
Author(s):  
Melissa Neal Stein

People of color are disproportionately impacted by the criminal justice system. Many jurisdictions attempt to reduce racial disparities; however, they often do not incorporate strategies to effectively address institutional and structural racism. Resulting data reveal no effect or an exacerbating effect on disparities. This commentary attempts to translate three mistaken assumptions from the field of behavioral health, so that they apply to criminal justice system reforms. The mistaken assumptions for criminal justice are that system-wide reform efforts will naturally reduce disparities, current reforms meet the needs of diverse communities, and evidence-based practices have been tested for their impact on diverse groups. These may be countered with the following recommendations: apply critical race theory, respond to communities' needs, and adapt evidence-based practices.


Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold

This chapter summarizes problem-solving court principles and concepts, provides an overview of the limited reach of problem-solving courts, describes alternatives to problem-solving courts (e.g., diversion, smart sentencing, probation/parole), discusses strategies for incorporating a problem-solving approach in other aspects of the justice system, and examines current innovations for expanding problem-solving justice. This chapter discusses a “big picture” approach that includes a discussion of how reformation of certain aspects of the criminal justice system could effectively address the behavioral health needs of offenders and reduce recidivism. This chapter also discusses future directions within problem-solving justice in terms of research, practice, and policy.


Author(s):  
Saira Naim Haque

Telehealth, the interactive, electronic exchange of information for diagnosis, treatment, support, or care management, is a critical component of many systems of care.1 The variety of telehealth uses, technologies, and approaches, when implemented successfully, can improve access to care and overcome typical geographic and workforce barriers.1 The opioid epidemic and recent social distancing requirements due to coronavirus disease (COVID-19) have prompted public safety, behavioral health, and other community partners to explore how telehealth can be used for identification and treatment of disorders in the criminal justice system. Telehealth offers an innovative strategy for intervention and treatment within the criminal justice system, which is greatly needed given the prevalence of justice-involved populations affected by opioid-use disorder. For one, it is costly to provide treatment and care to people who are incarcerated, and telehealth can help reduce that cost.2 Using telehealth to connect these people to providers can also help avoid resource-heavy and potentially dangerous transfers to care settings. In addition, a telehealth strategy can minimize the burden associated with recruiting and retaining healthcare providers on site, particularly behavioral health providers, who are often in short supply. Offering options virtually is one way to ameliorate organizational challenges. Services that can be provided via telehealth include inpatient and outpatient medical services, behavioral health, physical and occupational therapy, disaster management, health education,1 and coordination of care support for inmates, providers, and officials. Telehealth can also be used to facilitate release of inmates by connecting people who are in prison or jail with community-based services before release.


Obiter ◽  
2015 ◽  
Vol 36 (1) ◽  
Author(s):  
PN Makiwane

To date, South Africa’s criminal justice system has been about crime and the punishment of offenders, and not about redress for crime victims. This can be ascribed to the nature of a criminal system that perceives crime to be a matter between the State and the accused, with the victim playing the marginal role of a witness. The retributive nature of our criminal justice has played a crucial role in the marginalization of the very person who was victimized, namely the crime victim. A number of countries have recently developed practices of restorative justice and therapeutic jurisprudence that have introduced an all-inclusive justice system that allows for participation by offenders, crime victims, their family members, the community and the State. Sadly, our country has been but tentative in its acceptance of restorative justice processes, with only a few thousands of individuals having benefitted from it since its inception. Although restorative justice is acclaimed as a system that allows for meaningful participation of victims in criminal processes, the author argues that the system favours mostly offenders, young offenders in particular, and is applied in respect of minor offences. For serious crimes, courts have been reluctant to embrace restorative justice processes, preferring to revert to the retributive system which is believed to have failed in reducing the crime rate in any country. In this article the author develops the idea that a lukewarm reception of restorative processes is detrimental to the administration of justice. It defeats the very purpose of victim involvement in the criminal justice system, and deprives the crime victim of the very benefits restorative justice is acclaimed for, namely healing and satisfaction.


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