WexlerDavid, ‘Reflections on the Scope of Therapeutic Jurisprudence’ in WexlerDavidWinickBruce (eds), Law in a Therapeutic Key, (1995) 811, 812–815.
3.
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, KingMichael, ‘Geraldton Alternative Sentencing Regime: Applying Therapeutic and Holistic Jurisprudence in the Bush’ (2002) 26Criminal Law Journal260.
4.
TylerTom, ‘The Psychological Consequences of Judicial Procedures: Implications for Civil Commitment Hearings’ in WexlerWinick, above n 2, 3–15.
5.
HunterRosemary, ‘Through the Looking Glass: Clients' Perceptions and Experiences of Family Law Litigation’ (2002) 16Australian Journal of Family Law7.
6.
Magistrates' Court (Vic) v Robinson (2000) 117 A Crim R 155, 167 (Charles JA); see also Were v Police [2003] SASC 116.
7.
Allen v Gittos (1995) 13WAR560, 563.
8.
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.
9.
PetrucciCarrie, ‘Respect as a Component in the Judge-Defendant Interaction in a Specialised Domestic Violence Court that Utilises Therapeutic Jurisprudence’ (2002) 38Criminal Law Bulletin263, 288.
10.
Petrucci, above, ref 9, 295.
11.
Petrucci, above, ref 9, 289.
12.
Des RosiersNathalie, ‘From Telling to Listening: A Therapeutic Analysis of the Role of Courts in Minority-Majority Conflicts’ (2000) 37Court Review54 <http://aja.ncsc.dni.us> at 6 August 2003.
13.
WexleDavid, ‘Robes and Rehabilitation: How Judges Can Help Offenders “Make Good”’ (2001) 38Court Review18 <http://aja.ncsc.dni.us> at 6 August 2003.
14.
EadesDiana, ‘Cross Examination of Aboriginal Children: The Pinkenba Case’ (1995) 3(75) Aboriginal Law Bulletin10; MildrenDean, ‘Redressing the Imbalance Against Aboriginals in the Criminal Justice System’ (1997) 21Criminal Law Journal7; Fryer-SmithStephanie, Aboriginal Benchbook for Western Australian Courts (AIJA Model Indigenous Benchbook Project), Australian Institute of Judicial Administration, 2002.
KingMichaelWilsonStephen, ‘Magistrates as Innovators’ (2002) 29(11) Brief7.
17.
Royal Commission, above n15, para 5.5.1.
18.
ThomasJ, ‘The Ethics of Magistrates’ (1991) 65Australian Law Journal387. 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.
19.
See KirbyMichael, Through the World's Eye (2000) 174.
20.
See, eg, HoffmanMorris, ‘The Drug Court Scandal’ (2000) 78North Carolina Law Review1437, 1523–33; FreibergArie, ‘Problem-Oriented Courts: Innovative Solutions to Intractable Problems’ (2001) 11Journal of Judicial Administration8, 23.
21.
WinickBruceWexlerDavid (eds), Judging in a Therapeutic Key (2003).