Authors: Bruce J. Winick, David B. Wexler
ISBN-13: 9780890894088, ISBN-10: 0890894086
Format: Hardcover
Publisher: Carolina Academic Press
Date Published: January 2003
Edition: New Edition
Part I of this book describes the newly emerging problem-solving courts (such as drug treatment courts, domestic violence courts, mental health courts, etc.) and other related approaches to problem-solving judging and judging with an explicit ethic of care. Authors Winick and Wexler show how judges can use therapeutic jurisprudence not only in specialized problem-solving courts, but in general civil and criminal judicial settings as well. In Part II, the book covers emerging "principles" of therapeutic jurisprudence that seem to be at work in successful judicial approaches: how courts can encourage offender reform, how they can help offenders develop problem-solving and coping skills, how they can encourage offender compliance with release conditions, how they can serve as effective risk managers, and much more.
Foreword | ||
Acknowledgments | ||
Introduction | 3 | |
A | The Revolving Door | 13 |
Out of Jail, Into Temptation: A Day in a Life | 13 | |
B | Drug Treatment Court | 21 |
Breaking the Cycle of Addiction: Officials Seek to Spread the Word on Drug Treatment Courts | 21 | |
Terry Emphasizes Counseling in San Jose | 25 | |
Research on Drug Courts: A Critical Review, 2001 Update | 27 | |
C | Juvenile Drug Treatment Court | 31 |
Crucial, Caring Attention: A New Juvenile Drug Court 'Team' Deals with Everything from Tattoos to Marijuana in an Effort to Turn Wayward Kids Around | 31 | |
'You Earn Your Freedom' Juvenile Drug Court Keeps Youths on Track | 35 | |
D | Juvenile Dependency Drug Treatment Court | 39 |
The Juvenile Dependency Drug Treatment Court of Santa Clara County, California | 39 | |
Fighting for Families | 42 | |
E | Sentencing Circles | 45 |
Teen Bully Finds Justice, Healing and the Courage to Apologize: Sentencing Circle Requested by Mother of Suicide Victim | 45 | |
F | Teen Court or Youth Court | 49 |
Youths Face a Jury of their Peers: Teen Court Offers a Chance to Clear Records of Minor Offenses | 49 | |
Teen Court Never Loses Hope | 52 | |
G | Domestic Violence Court | 55 |
Court Cracks Down on Domestic Violence | 55 | |
Our View: Boise Needs New Method to Stop Domestic Violence | 57 | |
H | Mental Health Court | 59 |
Mental Health Courts Focus on Treatment; Criminals Often Overlooked in Traditional System are Sentenced to Hospital Care | 59 | |
I | A Hybrid Domestic Violence/Mental Health Court | 63 |
Threat of Jail Helping Keep Mentally Ill on Medication: Domestic Violence Court Offering Program of Monitored Probation | 63 | |
J | Reentry Court | 67 |
Staying Home: Effective Reintegration Strategies for Parolees | 67 | |
K | Problem-Solving Courts Generally | 73 |
Problem-Solving Courts: A Brief Primer | 73 | |
L | Therapeutic Jurisprudence in Courts of General Jurisdiction | 87 |
Judging for the New Millennium | 87 | |
A | Therapeutic Jurisprudence as an Underlying Framework | 105 |
Drug Treatment Court: Therapeutic Jurisprudence Applied | 106 | |
B | Preliminary "Codifications" of Therapeutic Jurisprudence Principles | 111 |
Conference of Chief Justices & Conference of State Court Administrators Resolution in Support of Problem-Solving Courts | 112 | |
Florida Statutes: Treatment-Based Drug Court Programs | 114 | |
Principles of an Effective Domestic Violence Court | 116 | |
10 Key Components of a Criminal Mental Health Court | 118 | |
Vision Statement of District Court of Clark County, Washington | 124 | |
Maryland's Family Divisions Performance Standard 5.1: A Therapeutic, Holistic, Ecological Approach to Family Law Decision Making | 125 | |
C | Interpersonal Skills and the Psychology of Procedural Justice | 129 |
Public Trust and Procedural Justice | 132 | |
A Change-Focused Approach for Judges | 137 | |
The Judge-Defendant Interaction: Toward a Shared Respect Process | 148 | |
The Therapeutic Value of the Civil Commitment Hearing | 156 | |
Judicial Behavior and the Civil Commitment Petitioner | 158 | |
D | Countering Denial and Minimization | 165 |
Sex Offenders and the Plea Process | 165 | |
Using Plea Procedures to Combat Denial and Minimization | 169 | |
E | Facilitating Motivation to Change | 177 |
1 | Creating Therapeutic Opportunity Out of Crisis | 177 |
The Importance of Timing | 178 | |
Ascertaining and Encouraging Change | 179 | |
2 | Sparking Motivation and Reducing Perceived Coercion | 181 |
The Judge's Role in Encouraging Motivation for Change | 181 | |
F | Enhancing the Development of Problem-Solving Skills | 189 |
Problem Solving and Relapse Prevention in Juvenile Court | 189 | |
G | Risk Management | 201 |
Domestic Violence Court Judges as Risk Managers | 201 | |
H | Enhancing Compliance | 213 |
Health Care Compliance Principles and the Judiciary | 213 | |
I | Behavioral Contracting | 227 |
How Judges Can Use Behavioral Contracting | 227 | |
J | Working with Offender-Victim Emotions | 231 |
Working with Shame and Anger in Community Conferencing | 231 | |
K | Encouraging and Maintaining Desistance | 249 |
Robes and Rehabilitation | 249 | |
L | Building Strengths | 255 |
Welcome Home?: Examining the "Reentry Court" Concept from a Strengths-Based Perspective | 255 | |
M | Structural and Administrative Principles | 285 |
The Case for a Specialized Domestic Violence Court | 286 | |
A Unified Family Court | 294 | |
A Unified Drug Court | 297 | |
Monitoring Treatment Provision and Progress | 299 | |
Promoting Vicarious Learning through Case Calendaring | 300 | |
The Healing Potential of Intake and Processing Forms | 301 | |
The Therapeutic Potential of a Duty Judge | 302 | |
Judicial Pre-Trials in Child Protection Cases | 304 | |
N | Therapeutic Techniques in the Appellate Arena | 313 |
How Appellate Courts Can Use Therapeutic Jurisprudence | 313 | |
The Antitherapeutic Per Curiam Affirmance | 316 | |
Reducing Contentiousness through Legal Doctrine | 320 | |
About the Editors | 327 | |
Index | 329 |