Applying Therapeutic Jurisprudence from the Bench

International Network on Therapeutic Jurisprudence <http://www.therapeuticjurisprudence.org> at 6 August 2003.

Wexler David , ‘Reflections on the Scope of Therapeutic Jurisprudence’ in Wexler David Winick Bruce (eds), Law in a Therapeutic Key, (1995) 811, 812–815.

GASR is an interagency, multi-disciplinary project taking a therapeutic, holistic, team-based and self-development approach to offender rehabilitation in the Court of Petty Sessions and the Children's Court. It uses a broad range of strategies including judicial case management and programs addressing multiple domains of a persons life — including innovative programs such as the self-development and stress reduction technique, Transcendental Meditation — to promote participant's ability to live a happy and constructive life. See, King Michael , ‘Geraldton Alternative Sentencing Regime: Applying Therapeutic and Holistic Jurisprudence in the Bush’ (2002) 26 Criminal Law Journal 260.

Tyler Tom , ‘The Psychological Consequences of Judicial Procedures: Implications for Civil Commitment Hearings’ in Wexler Winick , above n 2, 3–15.

Hunter Rosemary , ‘Through the Looking Glass: Clients' Perceptions and Experiences of Family Law Litigation’ (2002) 16 Australian Journal of Family Law 7.

Magistrates' Court (Vic) v Robinson (2000) 117 A Crim R 155, 167 (Charles JA); see also Were v Police [2003] SASC 116.

Allen v Gittos (1995) 13 WAR 560, 563.

This accords with the Royal Commission into Aboriginal Deaths in Custody's observation that ‘Because some have lengthy police records it is obvious the significance of their “offending” is lost on them and there is a sense of “resignation” about the court procedure. Aboriginal defendants frequently say nothing when asked if there is anything they wish to say’: Royal Commission into Aboriginal Deaths in Custody , Regional Report of Inquiry into Underlying Issues in Western Australia, 5.5.2. <http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/rciadic/regional/wa_underlying/45.html> at 6 August 2003.

Petrucci Carrie , ‘Respect as a Component in the Judge-Defendant Interaction in a Specialised Domestic Violence Court that Utilises Therapeutic Jurisprudence’ (2002) 38 Criminal Law Bulletin 263, 288.

Petrucci , above, ref 9, 295.

Petrucci , above, ref 9, 289.

Des Rosiers Nathalie , ‘From Telling to Listening: A Therapeutic Analysis of the Role of Courts in Minority-Majority Conflicts’ (2000) 37 Court Review 54 <http://aja.ncsc.dni.us> at 6 August 2003.

Wexle David , ‘Robes and Rehabilitation: How Judges Can Help Offenders “Make Good”’ (2001) 38 Court Review 18 <http://aja.ncsc.dni.us> at 6 August 2003.

Eades Diana , ‘Cross Examination of Aboriginal Children: The Pinkenba Case’ (1995) 3(75) Aboriginal Law Bulletin 10; Mildren Dean , ‘Redressing the Imbalance Against Aboriginals in the Criminal Justice System’ (1997) 21 Criminal Law Journal 7; Fryer-Smith Stephanie , Aboriginal Benchbook for Western Australian Courts (AIJA Model Indigenous Benchbook Project), Australian Institute of Judicial Administration, 2002.

Royal Commission into Aboriginal Deaths in Custody, National Report, para 2.2.4 <http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/rciadic/national/vol3> at 6 August 2003.

King Michael Wilson Stephen , ‘Magistrates as Innovators’ (2002) 29(11) Brief 7.

Royal Commission, above n15, para 5.5.1.

Thomas J , ‘The Ethics of Magistrates’ (1991) 65 Australian Law Journal 387. Some courts, such as the Federal Court, specifically include courtesy as one of their core values <http://www.fedcourt.gov.au/aboutct/goap.html> at 6 August 2003.

See Kirby Michael , Through the World's Eye (2000) 174.

See, eg, Hoffman Morris , ‘The Drug Court Scandal’ (2000) 78 North Carolina Law Review 1437, 1523–33; Freiberg Arie , ‘Problem-Oriented Courts: Innovative Solutions to Intractable Problems’ (2001) 11 Journal of Judicial Administration 8, 23.

Winick Bruce Wexler David (eds), Judging in a Therapeutic Key (2003).