Coronial law reform through the lens of therapeutic jurisprudence - Harnessing the full potential of coroners' recommendations

<p>The ability of coroners to make recommendations to various agencies and organisations is inextricably linked with the coroner's emerging role in death and injury prevention. Yet, there is no legal obligation in New Zealand for agencies and organisations to respond to, or implement, proposed changes, which has led to claims that recommendations are merely being overlooked. However, concerns have also been raised about the quality of some recommendations, especially whether coroners have sufficient expertise to be proposing wide-ranging legal and policy reforms. This paper analyses the extent to which recommendations are being implemented by the agencies and organisations to whom they are directed, and addresses whether the criticisms levelled at recommendations are valid. It is contended that, in considering reforms to the coronial process, the principles of therapeutic jurisprudence should be applied so as to maximise the therapeutic potential of recommendations for families and the wider community. Ultimately, it is concluded that greater transparency and accountability is needed in coronial processes to fully harness the preventive and therapeutic potential of coroners' recommendations.</p>

Coronial law reform through the lens of therapeutic jurisprudence - Harnessing the full potential of coroners' recommendations

<p>The ability of coroners to make recommendations to various agencies and organisations is inextricably linked with the coroner's emerging role in death and injury prevention. Yet, there is no legal obligation in New Zealand for agencies and organisations to respond to, or implement, proposed changes, which has led to claims that recommendations are merely being overlooked. However, concerns have also been raised about the quality of some recommendations, especially whether coroners have sufficient expertise to be proposing wide-ranging legal and policy reforms. This paper analyses the extent to which recommendations are being implemented by the agencies and organisations to whom they are directed, and addresses whether the criticisms levelled at recommendations are valid. It is contended that, in considering reforms to the coronial process, the principles of therapeutic jurisprudence should be applied so as to maximise the therapeutic potential of recommendations for families and the wider community. Ultimately, it is concluded that greater transparency and accountability is needed in coronial processes to fully harness the preventive and therapeutic potential of coroners' recommendations.</p>

Criminal Protection Orders: Implications of Requested Versus Issued Orders on Domestic Violence Revictimiztion and Mental Health Among Women

Criminal protection orders (POs), with varying degrees of restrictions on offenders’ behavior, are issued by the criminal justice (CJ) system to enhance the safety and well-being of victims of domestic violence (DV). Yet, little research exists to elucidate outcomes associated with their issuance, and no research has examined outcomes of POs that are issued with greater restrictions than what victims requested. Among 187 women who were victims in a criminal DV case with a male intimate partner and who voiced their preference about a PO in the court system, this study examined if women’s DV revictimization by their partner and mental health (i.e., posttraumatic stress disorder and depression symptom severity, perceived stress, and fear) are differentially impacted by whether criminal POs issued by the court were more restrictive than what was requested by victims. Results showed that regardless of whether the level of criminal PO issued was more restrictive or not, victims reported significant decreases in victimization and improvement in mental health over time. However, there was greater benefit regarding victimization and mental health outcomes in the degree of change over time for victims with POs that were not more restrictive than those whose POs were more restrictive. Findings are discussed in the context of Therapeutic Jurisprudence and survivor-defined practice, which underscore the importance of victims’ input and requests in criminal PO proceedings.