| A testable theory of problem solving courts: Avoiding past empirical and legal failures. | |
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MedLine Citation:
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PMID: 20980056 Owner: NLM Status: In-Process |
Abstract/OtherAbstract:
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Recent years have seen a proliferation of problem solving courts designed to rehabilitate certain classes of offenders and thereby resolve the underlying problems that led to their court involvement in the first place. Some commentators have reacted positively to these courts, considering them an extension of the philosophy and logic of Therapeutic Jurisprudence, but others show concern that the discourse surrounding these specialty courts has not examined their process or outcomes critically enough. This paper examines that criticism from historical and social scientific perspectives. The analysis culminates in a model that describes how offenders are likely to respond to the process as they engage in problem solving court programs and the ways in which those courts might impact subsequent offender conduct. This Therapeutic Jurisprudence model of problem solving courts draws heavily on social cognitive psychology and more specifically on theories of procedural justice, motivation, and anticipated emotion to offer an explanation of how offenders respond to these programs. We offer this model as a lens through which social scientists can begin to address the concern that there is not enough critical analysis of the process and outcome of these courts. Applying this model to specialty courts constitutes an important step in critically examining the contribution of problem solving courts. |
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Authors:
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Richard L Wiener; Bruce J Winick; Leah Skovran Georges; Anthony Castro |
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Publication Detail:
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Type: Journal Article Date: 2010-10-27 |
Journal Detail:
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Title: International journal of law and psychiatry Volume: 33 ISSN: 1873-6386 ISO Abbreviation: Int J Law Psychiatry Publication Date: 2010 Nov-Dec |
Date Detail:
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Created Date: 2010-11-22 Completed Date: - Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 7806862 Medline TA: Int J Law Psychiatry Country: Netherlands |
Other Details:
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Languages: eng Pagination: 417-27 Citation Subset: IM |
Copyright Information:
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Copyright © 2010 Elsevier Ltd. All rights reserved. |
Affiliation:
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University of Nebraska, Lincoln, USA. rwiener2@unl.edu |
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From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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