Abstract
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.
| Original language | English |
|---|---|
| Pages (from-to) | 417-427 |
| Number of pages | 11 |
| Journal | International Journal of Law and Psychiatry |
| Volume | 33 |
| Issue number | 5-6 |
| DOIs | |
| State | Published - Nov 2010 |
| Externally published | Yes |
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All Science Journal Classification (ASJC) codes
- Pathology and Forensic Medicine
- Psychiatry and Mental health
- Law
Cite this
A testable theory of problem solving courts : Avoiding past empirical and legal failures. / Wiener, Richard L.; Winick, Bruce J.; Georges, Leah; Castro, Anthony.
In: International Journal of Law and Psychiatry, Vol. 33, No. 5-6, 11.2010, p. 417-427.Research output: Contribution to journal › Article
}
TY - JOUR
T1 - A testable theory of problem solving courts
T2 - Avoiding past empirical and legal failures
AU - Wiener, Richard L.
AU - Winick, Bruce J.
AU - Georges, Leah
AU - Castro, Anthony
PY - 2010/11
Y1 - 2010/11
N2 - 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.
AB - 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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UR - http://www.scopus.com/inward/citedby.url?scp=78650514384&partnerID=8YFLogxK
U2 - 10.1016/j.ijlp.2010.09.012
DO - 10.1016/j.ijlp.2010.09.012
M3 - Article
C2 - 20980056
AN - SCOPUS:78650514384
VL - 33
SP - 417
EP - 427
JO - International Journal of Law and Psychiatry
JF - International Journal of Law and Psychiatry
SN - 0160-2527
IS - 5-6
ER -