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July 5, 2010

"Therapeutic Jurisprudence and its Application to Criminal Justice Research and Development"

The title of this post is the title of this new piece from Professor David Wexler now available via SSRN. Here is the abstract:

This essay, based on the 3rd Annual Martin Tansey Memorial Lecture, delivered May 26, 2010, at the Criminal Courts of Justice in Dublin, and sponsored by the Association of Criminal Justice Research and Development, introduces the perspective of therapeutic jurisprudence (TJ) and applies the perspective to several criminal justice issues, such as sentencing, probation, and parole. It calls for an academic-practitioner interdisciplinary and international partnership to enable the field to grow and flourish.

July 5, 2010 at 10:15 AM | Permalink


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I know they he is proposing a new phrase for the discredited rehabilitation. However, that article is a good conversation starter.

Every legal response is a physical act on the body. Naturally, the arrest, the detention, the death penalty are physical procedures and are perceived as punitive. What about a fine, notice of a hearing, a continuance of a hearing? Each consumes time and human labor, depriving the defendant of its value.

Without seeking to medicalize the law, every one of these physical, punitive acts is on the body. As such, they should be considered human experimentation. Studies are needed to prove their safety and effectiveness.

Because of the battery/punitive nature of all procedures, defendants found innocent should be made whole if the lawyer and his agent, the police got the wrong guy and deviated from professional standards, as testified to by an expert in their specialty.

Posted by: Supremacy Claus | Jul 5, 2010 3:01:16 PM

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