Chief Justice: Non-adversarial approaches in criminal and civil law essential to “effective justice”

Court decision on Roe8 legal challenge

At the recent Second International Conference on Non-adversarial Justice: integrating theory and practice The Honourable Wayne Martin AC Chief Justice of Western Australia noted the limitations  of a purely adversarial system and proposed  that development and expansion of the principles of non-adversarial justice is essential if the criminal and civil legal systems are to provide effective justice to the communities which we all serve. 

Read the full address here.

 

 

Posted in civil law, Court Craft Series for Judicial Officers, Criminal Justice, Introduction to TJ | Tagged , , , , , , , , , , , , , , , | Leave a comment

Problem Solving Courts in Australia: The Application of Therapeutic Jurisprudence – Mostly

Guest blogger Michael Perlin, Professor Emeritus of Law, New York Law School and International Visiting Scholar RMIT School of Law reflects on his recent visit to Australia…

I am now back home in New Jersey after a remarkable trip to Australia.*  I am doing this blog post now to share some ideas I have about the impact of Therapeutic Jurisprudence (TJ) on the Australian judicial system, and some thoughts for the future.

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Posted in Criminal Justice, mainstreaming TJ | Tagged , , , , , , , , , , | 7 Comments

Law student wellbeing in the UK: Developments and directions

Guest blogger Emma Jones, Lecturer in Law, The Open University Law School, writes…
Therapeutic jurisprudence focuses on the law’s impact on psychological wellbeing. In doing so, it not only consider the implications of specific laws or legal practices and procedures, it also considers the wellbeing of legal actors. This includes not only members of the legal profession, but also other affected, such as clients, witnesses and law students.

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What can mainstream courts learn from aboriginal sentencing courts…

Guest blogger Jordan Tutton writes…

In early 2016, a young Indigenous Australian man robbed a liquor store in the southern suburbs of Adelaide, South Australia. He pleaded guilty and asked to be sentenced in a specialist criminal court established to sentence Indigenous Australians.

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Posted in courts, Criminal Justice, indigenous, judiciary, lawyers, legal education, mainstreaming TJ, prosecutors, sentencing, youth/juvenile justice | Tagged , , , , , , , , , , | Leave a comment

Creating a Re-Entry Court by wagging the probation tail

Guest bloggers Professor David B. Wexler &  Judge Michael D. Jones  (Retired) talk about how to improve people’s chances of successful transition from prison to community through a therapeutic application of existing law…

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Posted in Court Support, courts, Criminal Justice, offender supervision, Wine & Bottles | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Amateur Therapists or Amateur Justice? Why we can’t let fear of progress slow therapeutic jurisprudence reform

I cannot imagine a more dangerous branch than an unrestrained judiciary full of amateur psychiatrists poised to “do good” rather than to apply the law.
– Judge Morris Hoffman

Some critics of therapeutic jurisprudence argue that when judges adopt a therapeutic role they act beyond both their expertise and beyond their proper functions as judges.

Are these objections to therapeutic jurisprudence (‘TJ’) a fearful reaction to what is actually positive reform of the legal system? Continue reading

Posted in courts, Criminal Justice, Introduction, judiciary, lawyers, legal education, mainstreaming TJ, Uncategorized | Tagged , , , , , , | Leave a comment

Key elements of a re-entry court for people transitioning from prison to community

Guest bloggers Judge William Knight, Caroline Cooper and David Wexler describe the Louisiana Reentry Court and identify features that may be exportable into other jurisdictions…

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Posted in courts, Criminal Justice, mainstreaming TJ, offender supervision | Tagged , , , , , , , , | 5 Comments