Therapeutic Jurisprudence and Readiness for Rehabilitation

[madmusic]

DAVID B. WEXLER
University of Arizona - James E. Rogers College of Law
Arizona Legal Studies Discussion Paper No. 06-32
Florida Coastal Law Review, Therapeutic Jurisprudence Review Issue, Vol. 8, No. 1, 2006


Abstract:
After about a quarter of a century, we seem finally to have turned the correctional corner, leaving behind a nothing works mentality, and finally embarking upon a more promising path. Empirical research is indeed suggesting that certain rehabilitative programs can have real value, and correctional authorities are taking note.

Even with such programs in place, however, real success should follow only if incarcerated persons are motivated to participate and to engage fully in the enterprise. What makes for motivated inmates? There is now an emerging body of research on responsivity to treatment or readiness for rehabilitation.

This essay looks through a therapeutic jurisprudence lens at how the LAW - more precisely, how the behavior of lawyers and judges - may impact help-seeking behavior and willingness to undertake rehabilitative efforts.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=929014

[madmusic]

1. Sorry, Nancy Grace fans...

But even criminology is swinging to the left, which really means rational rather than based on ignorant principles.

EDIT: Prior work in therapeutic jurisprudence has underscored the importance of procedural justice elements on an offender’s judgment whether the process was fair and on his or her acceptance of and compliance with even adverse judgments.20 Treating an offender with respect, according the offender “voice”, and genuinely attending to (“validating”) that voice are key elements.21 Offenders are accordingly more likely to be primed for undertaking rehabilitative efforts if those elements are in place. If they are not -- if the offender feels he or she was mistreated, ignored or got a raw deal -- the rehabilitative prospects may be dramatically lessened. Indeed, for the latter group, criminologists have even posited a “defiance” effect of persistent, more frequent, or even more serious violations.

Doesn't that seem like a little bit of common sense?