scholarly journals Therapeutic Practice through Restorative Justice: Managing Stigma in Family Treatment Court

2016 ◽  
Vol 16 (3) ◽  
pp. 50 ◽  
Author(s):  
Suzanna Fay-Ramirez

<p><span style="line-height: 106%; font-family: 'Times New Roman',serif; font-size: 12pt; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: EN-AU; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;" lang="EN-AU"><em>Family Treatment Court manages parents with current child protection cases and co-occurring addiction to drugs and/or alcohol and is an example of a growing number of problem centred courts that utilise the principles of therapeutic jurisprudence and restorative justice to process cases. An 18-month study of a Washington State Family Treatment Court reveals that the potential harmful stigma of ‘bad parent’, ‘addict’ and ‘offender’ are managed through interactions between the courtroom treatment team and court clients. Findings show how court interactions and practice bring restorative justice into the mainstream court system by managing the stigma associated with justice system supervision. Lessons learned from Family Treatment Court provide important consideration for mainstreaming therapeutic and restorative practice into the courtroom and the examination of interactions between court clients and courtroom personnel demonstrate how to translate stigma management from theory into practice</em></span>.</p>

2015 ◽  
Vol 40 (01) ◽  
pp. 205-236 ◽  
Author(s):  
Suzanna Fay‐Ramirez

Family treatment court (FTC) is an example of an increasing number of problem‐centered courts currently operating in the United States. Problem‐centered courts such as FTC encompass the ideas of therapeutic jurisprudence but operate within the broader court system. Presented are the results of an FTC case study that seeks to understand the evolution of courtroom norms and practice over time. Observations of courtroom interactions and interviews with courtroom personnel show that initial observations are consistent with the ideals of therapeutic jurisprudence. However, over time, daily demands and pressures on the courtroom undermine the therapeutic approach.


2021 ◽  
Author(s):  
◽  
Haimona Hone Hiki-Tia-Te-Rangi Waititi

<p>The Aotearoa/New Zealand Government has a disposition to spend tax payer's money on prisons. The way in which our current legal system is structured, subsequent Governments are going to have to do the same. Māori make up a disproportionate number of those in prison. Recent times have seen the establishment of an initiative aimed at reducing youth crime rates such as Restorative Justice and Marae-Based Youth Courts (MBYC). This study explores how well these new initiatives offered by the youth justice system provide for the needs of youth and community. The specific aim of this study is to analyse the MBYC from the perspective of rangatahi, lay advocates and Kaumātua (honoured elders). The purpose of this is to better understand the processes that rangatahi (Māori youth) went through when they came into contact with the criminal justice system and how cultural philosophies may better inform this process, so that improved outcomes may be achieved for these rangatahi. This research was conducted under a Kaupapa Māori methodology. A series of 3 individual interviews and 3 focus group interviews were conducted (participant total 11) with the three demographic groups. Interviews were later transcribed and analysed using thematic analysis. Four major themes were identified from the analysis. These were; Tā te ture ki te Rangatahi (law as it pertains to the rangatahi), whakamā, Te Wairuatanga o te Marae (the spirituality of the Marae) and Potentiality of the Lay Advocate Role. All four major themes had a set of subordinate themes directly related to them. It was found that the adversarial nature of the youth justice system was having a negative impact on rangatahi and was inhibiting their ability to experience the feelings of remorse and accountability that the process is designed to induce. The restorative justice parts of the system showed more promise but were also falling short of the outcomes they set for themselves. Encouraging results were seen in relation to the MBYC. However, the transplanting of the adversarial court system on to the marae warranted concerns over the domination of this institution over the marae.</p>


Author(s):  
David R. Cox ◽  
Richard H. Cox ◽  
Bruce Caplan

Chapter 7 discusses the various ways in which the RP may perform their role in a consultatory fashion, which may include serving as a core member of a treatment team, conferring with other healthcare professionals in a more autonomous fashion, consulting with attorneys or the court system in legal proceedings, advising businesses or schools about job site or educational accommodations, and evaluating the individual with reference to impairment/disability issues. It also discusses how, in this role, the RP may encounter different treatment team models across organizations; the interdisciplinary team, multidisciplinary team, and transdisciplinary team, and how issues of behavioural difficulties and/or compliance with treatment may often prompt psychological consultation. It also covers the importance of possessing the ability and willingness to respond to specific referral questions, alongside timeliness, competency, facility in establishing rapport, usefulness of reporting and recommendations, and diagnostic and treatment planning acumen.


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