WinickBruce, ‘The Jurisprudence of Therapeutic Jurisprudence’ (1997) 3Psychology, Public Policy, and Law184.
3.
WinickBruceWexlerDavid, (eds) Judging in a Therapeutic Key, Carolina Press (2003) 7.
4.
For example many initiatives in Victoria rely upon TJ philosophy aimed at systemic problems such as the over-representation of people from marginalised and disadvantaged backgrounds in the justice system, see Department of Justice, Policy Framework to Consolidate and Extend Problem-Solving Courts and Approaches (Courts and Programs Development Unit, March 2006).
5.
TJ has been associated with many problem-solving courts but arguably some have developed out of practice insights and not necessarily TJ theory, see FriebergArie, ‘Therapeutic Jurisprudence in Australia: Paradigm Shift or Pragmatic Incrementalism?’ (2003) 20Law in Context6.
6.
WinickBruce, ‘Therapeutic Jurisprudence: Enhancing the Relationship Between Law and Psychology’ (2006) 9Law and Psychology30.
7.
See for examples of the use in the civil arena McMahonMarilynWexlerDavid, ‘Therapeutic Jurisprudence: Developments and Applications in Australia and New Zealand’ (2003) 20Law in Context1.
8.
Group conferencing is generally used as part of sentencing or diversion programs, often in juvenile justice systems in Australia, but also in some adult jurisdictions. The process includes a facilitator bringing offender and victim together in a circle with other affected members of the community including family, support workers and police. See DalyKathleen, HayesHennesseyMarchettiElena, ‘New Visions of Justice’ in GoldsmithAndrewIsraelMarkDalyKathleen (eds), Crime and Justice: A Guide to Criminology (2006) 439.
9.
RocheDeclan, (2006) ‘Dimensions of Restorative Justice '(2006)62Journal of Social Issues217.
For access to information on problem-solving courts in the United States, including the Red Hook Community Justice Center, see the Center for Court Innovation <http://www.courtinnovation.org/> at 10 May 2007
12.
Winick and Wexler describe this concept as follows: ‘The literature on the psychology of procedural justice, based on empirical work in a variety of litigation and arbitration contexts, shows that if people are treated with dignity and respect at hearings, given a sense of “voice,” the ability to tell their story, and “validation,” the feeling that what they have said has been taken seriously by the judge or hearing officer, they will experience greater satisfaction and comply more willingly with the ultimate outcome of the proceedings, even if adverse to them’, see WinickWexler, above n 3 at 129.
13.
BraithwaiteJohn, ‘Doing Justice Intelligently in Civil Society’ (2006) 62Journal of Social Issues393, 402.
14.
See Neighbourhood Justice Centre, above n 10.
15.
DaicoffSusan, ‘Law as a Healing Profession: The Comprehensive Law Movement’ (2005) 6Pepperdine Dispute Resolution Law Journal1.
16.
ArrigoBruce, ‘The Ethics of Therapeutic Jurisprudence: A Critical and Theoretical Enquiry of Law, Psychology and Crime’ (2004) 11Psychiatry, Psychology, and Law23.
