What is Therapeutic Jurisprudence?

Imagine a world where the rule of law can be used as a tool for healing. Therapeutic jurisprudence examines the potential therapeutic properties of law with the goal of putting healthy public policy into practice. It highlights the law's influence on the mental well-being of the individuals that it affects.

Introduction to Therapeutic Jurisprudence

Therapeutic jurisprudence was a term first coined by law professors David Wexler and Bruce Winick. Wexler and Winick claimed that the law can be therapeutic. The model analyzes how law, legal procedures, and the roles of court personnel "produce therapeutic or nontherapeutic consequences by taking a non-adversarial approach to the administration of justice." The goal is to help the offender be accountable for making positive changes in their lives.

Therapeutic jurisprudence begins by identifying social forces within the legal system. First, there is substantive law. Therapeutic jurisprudence seeks to determine whether the law actively promotes therapeutic objectives by balancing community rights against individual rights. The second social force is legal procedures. Here, therapeutic jurisprudence determines whether the legal system maximizes therapeutic effects and minimizes anti-therapeutic consequences. Third, therapeutic jurisprudence looks at legal roles to determine whether the behaviors of legal actors (lawyers, judges, and other court personnel) are either therapeutic or anti-therapeutic.

Components of the Therapeutic Jurisprudence Model

There are five key components to the therapeutic jurisprudence model.

1. Therapeutic jurisprudence recognizes that the legal process is impactful, and that impact can be harnessed to achieve a positive outcome— behavioral improvement.
2. It capitalizes on the moment of crisis in the offender's life when the offender is at a “crossroads”.
3. It takes a multidisciplinary approach to behavioral change.
4. It recognizes that a therapeutic approach must occur within the constraints of the legal system.
5. It accepts the legal system’s “moral” judgments about desirable behavior.

Why it works

Legal scholars have argued that the costs include compromising the separation of powers, due process, judicial impartiality, and equal justice. Advocates for therapeutic jurisprudence, however, state that the benefits of the model significantly outweigh the costs.

For one thing, the model has had proven success. Individuals that are successfully treated do not re-offend (i.e. low recidivism), or they re-offend at a significantly lower rate than they would without treatment. This success saves money and public resources.

Additionally, therapeutic jurisprudence requires and promotes collaboration by courts and judges with other agencies and professionals. This integration morphs into a network of different departments and resources that can all share their perspectives.

Another advantage is that therapeutic jurisprudence compels individuals to respect the system and participate in the treatment services offered. If the individual refuses to participate in the services offered to them, they face swift consequences, which can be more impactful than traditional sentences when it comes to the individual facing accountability.

Putting Therapeutic Jurisprudence into practice

Some strategist believe putting therapeutic jurisprudence into practice requires empathy.  Empathy is “the ability to see a situation from someone else’s perspective—combined with the emotional capacity to understand and feel that person’s emotions in that situation.” It is crucial for court members such as judges, prosecutors, defense attorneys, case managers, and law enforcement to have empathy when interacting with defendants. After all, people who appear in court comply more willingly with court orders when they feel that they can have the power to use their voice, validation, and are treated with respect. Empathizing with a defendant can result in a more positive outcome for all parties involved.

To learn more about the study of Therapeutic Jurisprudence and how it is being study to benefit persons with mental health issues interacting with law enforcement, visit the International Society for Therapeutic Jurisprudence.