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Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts » (New Edition)

Book cover image of Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts by Bruce J. Winick

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

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Author Biography: Bruce J. Winick

Book Synopsis

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.

Table of Contents

Foreword
Acknowledgments
Introduction3
AThe Revolving Door13
Out of Jail, Into Temptation: A Day in a Life13
BDrug Treatment Court21
Breaking the Cycle of Addiction: Officials Seek to Spread the Word on Drug Treatment Courts21
Terry Emphasizes Counseling in San Jose25
Research on Drug Courts: A Critical Review, 2001 Update27
CJuvenile Drug Treatment Court31
Crucial, Caring Attention: A New Juvenile Drug Court 'Team' Deals with Everything from Tattoos to Marijuana in an Effort to Turn Wayward Kids Around31
'You Earn Your Freedom' Juvenile Drug Court Keeps Youths on Track35
DJuvenile Dependency Drug Treatment Court39
The Juvenile Dependency Drug Treatment Court of Santa Clara County, California39
Fighting for Families42
ESentencing Circles45
Teen Bully Finds Justice, Healing and the Courage to Apologize: Sentencing Circle Requested by Mother of Suicide Victim45
FTeen Court or Youth Court49
Youths Face a Jury of their Peers: Teen Court Offers a Chance to Clear Records of Minor Offenses49
Teen Court Never Loses Hope52
GDomestic Violence Court55
Court Cracks Down on Domestic Violence55
Our View: Boise Needs New Method to Stop Domestic Violence57
HMental Health Court59
Mental Health Courts Focus on Treatment; Criminals Often Overlooked in Traditional System are Sentenced to Hospital Care59
IA Hybrid Domestic Violence/Mental Health Court63
Threat of Jail Helping Keep Mentally Ill on Medication: Domestic Violence Court Offering Program of Monitored Probation63
JReentry Court67
Staying Home: Effective Reintegration Strategies for Parolees67
KProblem-Solving Courts Generally73
Problem-Solving Courts: A Brief Primer73
LTherapeutic Jurisprudence in Courts of General Jurisdiction87
Judging for the New Millennium87
ATherapeutic Jurisprudence as an Underlying Framework105
Drug Treatment Court: Therapeutic Jurisprudence Applied106
BPreliminary "Codifications" of Therapeutic Jurisprudence Principles111
Conference of Chief Justices & Conference of State Court Administrators Resolution in Support of Problem-Solving Courts112
Florida Statutes: Treatment-Based Drug Court Programs114
Principles of an Effective Domestic Violence Court116
10 Key Components of a Criminal Mental Health Court118
Vision Statement of District Court of Clark County, Washington124
Maryland's Family Divisions Performance Standard 5.1: A Therapeutic, Holistic, Ecological Approach to Family Law Decision Making125
CInterpersonal Skills and the Psychology of Procedural Justice129
Public Trust and Procedural Justice132
A Change-Focused Approach for Judges137
The Judge-Defendant Interaction: Toward a Shared Respect Process148
The Therapeutic Value of the Civil Commitment Hearing156
Judicial Behavior and the Civil Commitment Petitioner158
DCountering Denial and Minimization165
Sex Offenders and the Plea Process165
Using Plea Procedures to Combat Denial and Minimization169
EFacilitating Motivation to Change177
1Creating Therapeutic Opportunity Out of Crisis177
The Importance of Timing178
Ascertaining and Encouraging Change179
2Sparking Motivation and Reducing Perceived Coercion181
The Judge's Role in Encouraging Motivation for Change181
FEnhancing the Development of Problem-Solving Skills189
Problem Solving and Relapse Prevention in Juvenile Court189
GRisk Management201
Domestic Violence Court Judges as Risk Managers201
HEnhancing Compliance213
Health Care Compliance Principles and the Judiciary213
IBehavioral Contracting227
How Judges Can Use Behavioral Contracting227
JWorking with Offender-Victim Emotions231
Working with Shame and Anger in Community Conferencing231
KEncouraging and Maintaining Desistance249
Robes and Rehabilitation249
LBuilding Strengths255
Welcome Home?: Examining the "Reentry Court" Concept from a Strengths-Based Perspective255
MStructural and Administrative Principles285
The Case for a Specialized Domestic Violence Court286
A Unified Family Court294
A Unified Drug Court297
Monitoring Treatment Provision and Progress299
Promoting Vicarious Learning through Case Calendaring300
The Healing Potential of Intake and Processing Forms301
The Therapeutic Potential of a Duty Judge302
Judicial Pre-Trials in Child Protection Cases304
NTherapeutic Techniques in the Appellate Arena313
How Appellate Courts Can Use Therapeutic Jurisprudence313
The Antitherapeutic Per Curiam Affirmance316
Reducing Contentiousness through Legal Doctrine320
About the Editors327
Index329

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