Introduction to international perspectives on therapeutic jurisprudence

Therapeutic Jurisprudence (TJ), a concept first conceived by law professors David Wexler (University of Puerto Rico and University of Arizona) and Bruce Winick (University of Miami) only a little more than a decade ago, has emerged as the leading conceptual perspective in the mental health law field. Indeed, a LEXIS search reveals well over 150 articles on, or citing to, therapeutic jurisprudence in American law review publications in the past decade (terms used were "therapeutic w/5 jurisprudence w/25 Wexler or Winick"). Copyright 1999 John Wiley & Sons, Ltd.     

Competency to be executed: A therapeutic jurisprudence perspective

This Article analyzes the concept of competency to be executed. It examines the Supreme Court's 1986 decision in Ford v. Wainwright, discussing both its Eighth Amendment and procedural due process determinations. It then considers the standard that should be applied in determining competency in this context and the procedures that the states should utilize to insure a fair determination consistent with due process. The article then considers the perplexing problem of whether an incompetent death row prisoner may assert a constitutional or statutory right to refuse treatment designed to restore him to competency for execution, examining both the constitutional and therapeutic implications of involuntary treatment in this context.     

A teen court evaluation with a therapeutic jurisprudence perspective

Teen court defendants were assessed on several attitudinal measures when they entered and when they completed their teen court program. Teen court volunteers and high school civics students in a control group were assessed on the same measures at two points in time that approximated the length of teen court involvement for defendants. Re-offense rates for defendants were assessed. In addition, defendants and their parents completed satisfaction surveys. The teen court experience did not significantly impact the attitudes and beliefs of either the defendants or the volunteers. The re-offense rate for defendants was 13%, which is similar to other teen court programs and less than the re-offense rate for the general diversion program in the county that was the target of the study. Since this teen court selected youth with the least serious delinquency activity (primarily shoplifting), conclusions about the program's effectiveness in reducing further offending cannot be made. Defendants and their parents reported high levels of satisfaction with their teen court experience but defendants became more alienated from institutional authority. This study did not support the teen court experience as having a generally beneficial impact on defendants or volunteers that would be expected from a therapeutic jurisprudence perspective.     

Rethinking deprivations of liberty: possible contributions from therapeutic and ecological jurisprudence

In place of the police and parens patriae powers, this article proposes three distinct justifactory models for government-sponsored deprivations of liberty. The punishment model authorizes deprivation of liberty as a sanction for blameworthy behavior. The prevention model authorizes deprivation of liberty to prevent harm, either through deterrence or restraint. The protection model authorizes liberty deprivation to ensure autonomous decisionmaking. The article compares these models to the purposes traditionally advanced as justification for punishment, and explores their strengths and weaknesses. Using therapeutic jurisprudence and ecological jurisprudence as organizing frameworks, it then describes a range of empirical issues raised by each of the models.     

Toward a therapeutic jurisprudence analysis of medication refusal in the court review model

A therapeutic jurisprudence analysis attempts to discern the role of legal proceedings, lawyers and judges in producing therapeutic or anti-therapeutic consequences. This paper will attempt to use the therapeutic jurisprudence framework to analyze the legal and administrative aspects of court review as it was reported during a one year epidemiologic study of drug refusal. Characteristics of the review process, the effect on patient refusal, and the attitudes of treating psychiatrists are presented. To broaden the clinical context of the administrative findings, selected clinical characteristics of refusing patients, their attitudes toward mental illness, reasons for refusing medication and satisfaction with court review will be described. The discussion attempts to show how the initial administrative study findings may be interpreted in the broader context of their relationship to the achievement of therapeutic outcomes.     

Advancing psychological jurisprudence

Recent articles and literature reviews within the field of social science and law point to the importance of developing interdisciplinary jurisprudence. An overview of psychological jurisprudence is presented. Next, three approaches to the specific construction of psychological jurisprudence are reviewed. Finally, the relationship between legal psychology and psychological jurisprudence is discussed.     

Refugee families in therapy: from referrals to therapeutic conversations

Refugee families referred for therapy present a wide array of problems and expectations, not always in accordance with what therapy may offer. Major differences between referring professionals, families and therapists regarding problem definitions and solutions may complicate collaboration. Interventions that may overcome these barriers and move initial interviews into a therapeutic context are described. Three patterns regarding referral process, problem presentation and expectations (here called referral contexts) are outlined: 'the relational', where families ask for psychological and interpersonal assistance, 'the unfocused', where families are referred to therapy without expressing any wish for it, and 'the fixed solution', where families seek support for solutions that are not of a therapeutic nature. The interventions described form part of a negotiation where motives and interest for therapy are explored and agreements regarding further therapy are outlined.     

State of the nation: therapeutic jurisprudence and the evolution of the right of self-determination in international law

This article expands the scope of the therapeutic jurisprudence enterprise and applies the concept at a collective global level. The right of self-determination, arguably the most important and certainly the most controversial part of international law, is examined through the lens of therapeutic jurisprudence. By detailing the manner in which nations move towards their goal of statehood, this article opens up dialogue about collective healing, shared memory and alternative approaches to autonomy. The article poses the question of whether groups of people can share in common delusions, forms of folie a gens.     

... In relation to medicine

Pastoral Psychology -     

From the word to the scene: An expanded conceptualization for therapeutic action

The American Journal of Psychoanalysis -     

Rational-emotive therapy in the therapeutic community

Therapeutic Communities (TC's) have become increasingly popular in the treatment of substance abusing psychotherapy clients. Their popularity appears to have stemmed from the failures of traditional and more individual treatment modalities. Approaches focusing on immeasurable constructs and often irrelevant past events are argued to contribute to symptom maintenance and resistance in this client population. It is argued that a more direct, responsibility-oriented approach be implemented in a systematic and consistent fashion in order to facilitate treatment. The systematic application of Rational-Emotive Therapy in a self-contained therapeutic system is discussed.Raymond J. Yeager Ph.D., is Director of Psychological Services at A.P.P.L.E. Inc.: A Program Planned for Life Enrichment, a graduate fellow and staff therapist at the Institute for Rational-Emotive Therapy and is a privately practicing psychologist in Commack and Huntington, Long Island, N.Y.Raymond DiGiuseppe, Ph.D., is a Diplomate of the American Board of Professional Psychology, is the Director of Training and Research at the Institute for Rational-Emotive Therapy, is an Assistant Professor of psychology at St. John's University and is in private practice in Hempstead, L.I., N.Y.John T. Olsen is a certified substance abuse counselor at A.P.P.L.E. Inc. He is a graduate of APPLE'S residential program and has worked in the field of substance abuse treatment and prevention for over 11 yearsLogan Lewis ia the President and founder of APPLE Inc.Robert Alberti is the Program Director of APPLE's residential treatment program, and is a certified substance abuse conselor.