Essay On Therapeutic Jurisprudence

Equity is that part in the law that moderates the harshness of common law and statute and because of this persons seeking assistance from an unconscionable transaction have been able to find relief through equity. Although equity only appears in the most repugnant of situations, it comes as in disbelief, that the courts would consider a newer level of standard for unconscionability. The following paper considers the effect of the statement made and the ramifications of the statement through equity.

Therapeutic jurisprudence is the study of the law in conjunction with the emotional and psychological welfare of those who come in contact with the legal and justice system. This report, in conjunction with the cases below, intends to show that therapeutic jurisprudence has a focus on the law as a social force that has the potential to enhance or inhibit therapeutic outcomes. In V’s case, therapeutic jurisprudence aided the defendant by giving him an option to rehabilitate instead of further compounding his financial circumstances if the magistrate were to fine him multiple times for future offences. Furthermore, in H’s case, the defendant was given a more lenient sentence, educating him about the consequences of his actions.

McLellan, F. (12/02/2006). Mental Health and justice: the case of Andrea Yates. Lancet, 368(9551), 1951-1954. doi:10.1016/S014-6736(06)69789-4

The shutdown of state mental hospitals and lack of available financial and institutional resources force mentally ill people to the United States Judicial System for mental health. Every year thousands of people are arrested for various crimes and they are sent to jail. Sixteen percent of these people have some type of mental health problem (Public Broadcasting System , 2001). When we consider that the United States has the largest incarcerated population in the world at 2.2 million, this number is staggering (Anasseril E. Daniel, 2007). This is about 1% of the entire population of the United States. There are many reasons as to why the situation has taken such a bad turn and when the history of the treatment of mental illness is examined one can see how the situation developed into the inhumane disaster it is today.

2. This criticism is on the moral basis and the consequences. This section suggests that the crime is of more importance, then the moral imperatives. It also addresses the way a criminal, who does plea insanity, should be trialed and punished for the crime. It is suggested, that the criminal should be convicted and the mental illness should be taken in consideration at the time of sentencing. If this method would be used by the court, it would allow the judge to determine the length of imprisonment, within a hospital prison, and the defendant would have to provide prove of improvement to the once dangerous behavior. Retrieved from; West's Encyclopedia of American Law, edition 2 (2008).

While researching the unauthorized practice of law I found that Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law and Model Rule 5.3: Responsibilities Regarding Nonlawyer Assistance are the same for both the state of Louisiana and national level. It is very important for the law all across the world remain strict with its rules and laws in which the state of Louisiana according to these two rules are both strict but also self explanatory of why it is the way it is.

A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties compensation when they’ve been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a courtroom.

A Mental Health Court represents a type of therapeutic court that sanctions the mental health population a different level of treatment and opportunities from the “normal” population. The difference between a mental health court and a regular court is that in a mental health court, they are not as concerned with whether somebody is not guilty or guilty of the offense, rather, they are focused on the individual. The Mental Health Court demonstrates compassion and empathy, while still upholding the law. In fact, focus stands as therapeutic interventions as opposed to punishments. The goal is to reconnect clients with a case manager, manage medication and treatment options, and generate stability. Going through the court process, and possible

This paper intends to examine the relationship between mental health (specifically individuals who exhibit mental illness) and the criminal justice system. The paper will be broken down into areas focusing on the issues that exists for and between the law enforcement officials and those who have mental illness and end up involved in the penial justice system. Individuals who have mental health issues are special cases that will be addressed within this paper with the focus being how they end upon the wrong side of the law and more importantly how they are treated by the criminal justice system when this occurs. By studying this subject from a historical context will enable the writer to establish how the criminal justice system in this country

This essay will focus on the motivation in the phrase “Common sense and compassion in the workplace has been replaced by litigation.” As a business relationship emerges between an employer and employee negotiations, agreements, rules, and guidelines are formed. Normally these arrangements and duties are established through the human resources (HR) department along with expectations that an individual will perform their job with acceptable common sense and compassion if necessary. However, it currently appears that common sense or compassion has been exchanged for lawsuits within the

Unit 2 homework and quiz: Psychology’s Voice in the Legal System; Psychologists’ Licensing and Ethical Guidelines.

One of the primary benefits mental health courts offer is public safety. This becomes clear upon examining mental health court alumni’s rates of recidivism. Alumni of mental health courts where “4.1 times less likely to re-offend” according to a 2004 study completed by Heidi Herinckz of Portland State University (“A new justice system” 2005). In addition the study found a 62 percent drop in probation violations among the 368 cases followed. One could reason that, should mental health courts maintain similar numbers to those in the study above, the reduction in repeat crimes will result in greater public safety. Consequently, based on the above, it appears mental health courts are fulfilling their purpose in addressing the issues of “worsening mental illness, escalating criminal

Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are

Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.