ResearchOnline@ND

Authors

The Hon David K. Malcolm, University of Notre Dame AustraliaFollow

Title

The Application of Therapeutic Jurisprudence to the Work of Western Australian Courts

Document Type

Article

Publication Date

2007

Abstract

This article contends that the adoption of a therapeutic approach clearly has a place in the sentencing regime. This involves the adoption of a multi-disciplinary approach which addresses not only the issue upon which an accused appears before the court, but also tackles the harder underlying issues at the root of the problem. Therapeutic jurisprudence regards the law as a social force, the goal of which is to produce therapeutic consequences for the victim and the offender, in particular, as well as society at large. Attention is drawn to the lack of appropriate facilities for dealing with offenders with drug and alcohol dependence issues which is contrary to the interests of the community. The establishment of the Drug Court in 2000 was a major advance, but therapeutic jurisprudence should involve all facets of the court system, particularly in regional areas of Western Australia, which are worthy of support not only by the government, but also the community at large.

Comments

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Recommended Citation

Malcolm, D. (2007). The application of therapeutic jurisprudence to the work of Western Australian courts. Journal of Judicial Administration, 17(2), 127-133.