A testable theory of problem solving courts

Avoiding past empirical and legal failures

Richard L. Wiener, Bruce J. Winick, Leah Georges, Anthony Castro

Research output: Contribution to journalArticle

24 Citations (Scopus)

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 languageEnglish
Pages (from-to)417-427
Number of pages11
JournalInternational Journal of Law and Psychiatry
Volume33
Issue number5-6
DOIs
StatePublished - Nov 2010
Externally publishedYes

Fingerprint

Jurisprudence
offender
Social Psychology
Social Justice
Lenses
Motivation
Emotions
jurisprudence
Therapeutics
social scientist
proliferation
emotion
criticism
psychology
justice
discourse

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 journalArticle

Wiener, Richard L. ; Winick, Bruce J. ; Georges, Leah ; Castro, Anthony. / A testable theory of problem solving courts : Avoiding past empirical and legal failures. In: International Journal of Law and Psychiatry. 2010 ; Vol. 33, No. 5-6. pp. 417-427.
@article{94ab00f8e1b141cf959ab15fead558ed,
title = "A testable theory of problem solving courts: Avoiding past empirical and legal failures",
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.",
author = "Wiener, {Richard L.} and Winick, {Bruce J.} and Leah Georges and Anthony Castro",
year = "2010",
month = "11",
doi = "10.1016/j.ijlp.2010.09.012",
language = "English",
volume = "33",
pages = "417--427",
journal = "International Journal of Law and Psychiatry",
issn = "0160-2527",
publisher = "Elsevier Limited",
number = "5-6",

}

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.

UR - http://www.scopus.com/inward/record.url?scp=78650514384&partnerID=8YFLogxK

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

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 -