Therapeutic Jurisprudence And The Law

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.

The way the criminal justice system should handle crimes has always been a debated subject. For over the last forty years, ever since the war on drugs, there are more policies made to be “tough on crime”. From then, correctional systems have grown and as people are doing more crimes, there are plenty of punishments for them. In the mid 1970’s, rehabilitation was the main concern for the criminal justice system. It was common that when someone was convicted of a crime, they would be sentenced to prison but there would also be diagnosed treatments to help them as well. Most likely, they would have committed a crime due to psychological problems. When they receive treatment in prison, they can be healed and would not go back to their wrong lifestyle they had lived before. As years have gone by, people thought that it was better to take a more punitive stance in the criminal justice system. As a result of the turnaround of this more punitive criminal justice system, the United States now has more than 2 million people in prisons or jails--the equivalent of one in every 142 U.S. residents--and another four to five million people on probation or parole. The U.S. has a higher percentage of the

This amicus brief reflects the balance between psychology and law by applying them both to decide which is the best option for child placement. The law states that the child should be place with a relative when possible. However, the attorneys are also reaching out to see what effect this could have on the child psychologically. They are using them together to decide what location would be the best for Arnes. The law does state that they should place with a relative when available, while also referring to the fact that a preexisting attachment to a family could also be the same. They refer to what type of damage could occur, if it is short term or would cause long term complications. The law itself is written to allow for interpretation

Avoiding the pitfalls of the unauthorized practice of law, also known as UPL, is one of the most important duties that all legal professionals or aspiring law students should learn and integrate into their law career, in order to maintain impeccable ethics and conduct at all times. Clear rules and regulations must be followed in regards to the unauthorized practice of law. Thus, in order to avoid the unauthorized practice of law, one must first know what it is by definition and how it pertains to their best practices and due diligence. Furthermore, the violations of one’s failure to comply with the rules and regulations for UPL, may be costly in more ways than one.

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.

There are many differences between characteristics of the therapeutic community and traditional correctional institutional community. The most significant of these differences would be the role of the offender. In the therapeutic community, offenders have a more active role in their rehabilitation. They are able to impact decisions that are made during the treatment process, (Van Voorhis and Salisbury, 2013:101). In traditional correctional institutions, the counselors play more of an authoritarian role than a democratic one, (Van Voorhis and Salisbury, 2013:101). Considering this difference, the offender might feel more empowered and in control of their rehabilitation in a therapeutic community than in a traditional correctional one.

Therapeutic Jurisprudence is the study of how aspects of legal system impacts the mental wellness.The implications of law on mental health is an ignored part of law. The research deals with the core idea of therapeutic jurisprudence and how it effects people placing reliance on various laws and legal practices prevalent in the legal system.In 1987, David Wexler conveyed a paper to the National Institute of Mental Health in the United States coining the term “Therapeutic Jurisprudence”.Therapeutic jurisprudence is the “study of the role of the law as a therapeutic agent”. Therapeutic Jurisprudence proposed that psychiatry, and extensive controls of the sociologies had significant depths of knowledge to offer to the field of law and psychological wellness and that the law and the legal system ought to endeavour to utilize the knowledge where appropriate. Therapeutic Jurisprudence is an interdisciplinary way to deal with the study and routine of law and focuses on the regularly undervalued part of the law and lawful performing artists' part in delivering helpful or anti-therapeutic results. It is a regulating structure that backers the utilization of the sociologies to illuminate the procedures and results of lawful communications and techniques. Therapeutic Jurisprudence impacts the procedures of the court and inclinations an extended rehabilitative part for criminal attorneys. Therapeutic Jurisprudence likewise impacts the way attorneys

Restorative Justice is a method for reacting to strife, misconduct, and wrongdoing that makes things as all right for all who were affected. Therapeutic Justice perceives the contention or mischief, repairs the harm, however much as could be expected and makes future responsibility designs and additionally understandings that will keep a similar thing from happening once more. These standards control our activities because of wrongdoing, mischief, and struggle and in our reaction to them. While Community equity is a vital technique for wrongdoing lessening and avoidance, which assembles or upgrades organizations inside groups. Group equity arrangements go up against wrongdoing and misconduct through proactive, critical thinking rehearses went

As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.

Specialized courts, offer a therapeutic approach to offending criminals in order to reduce reoffending by teaching and treating juveniles and offenders. This way of thinking solves problems, problems involving the defendant and the community. It also helps reduce the number of people sent to prison, and helps juveniles make up for their mistakes.

The criminal justice system is comprised of three parts: police, courts, and corrections. Each component has its own duties, responsibilities, and distinct purposes, but would fail if not effectively working with each other component. Police enforce what is right or wrong, courts provide means of checking whether laws reflect majority of society, and corrections maintain social solidarity through control of an offender (Vago, 2012). Structural functionalists view law, or the criminal justice system, as effectively controlling individuals’ behavior (Browning, 2015).

Laws of life to myself are written and unwritten rules that the majority of humans on this earth has heard before ether in a quote from a movie , book , song and etc . Not all of these laws are written or official . These laws are various from being in a children's book or in your favorite song . One of my favorite laws of life is "Stay gold, Ponyboy, stay

The difference between a law and a rule is that the law describes what the rule is in a negative way, meaning it does state the terms of the broken rule as on "sex with a minor" and describes a proscribed penalty the breaker of the rule has to expect.

The vast majority of the contentions we have assessed so far set the wrongdoer and "group" or "society" against each other, as though the guilty party is not some portion of a group which comprises just of his or her potential casualties. Consequently the wrongdoer's advantages are constantly counterpoised to those of the "group" and weighed against them, or thought to be in strife. Such methodologies are related especially with backers of remedial equity (for instance, Braithwaite, 1989) who trust that reintegrative procedures can help wrongdoers to make amends for or make reparation for their offenses in the meantime as helping guilty parties and casualties to learn something of each other. The point is the rebuilding or foundation of social securities that will both offer the guilty party participation of a group and thusly fortify casual controls over his or her conduct. While some of these thoughts are all the more typically found in exchanges of remedial equity as opposed to rehabilitation, the way that guilty parties required in therapeutic techniques are intended to take in a social lesson which will impact their future conduct, places them additionally under the heading of rehabilitation. One ramifications of this is rehabilitation ought to be seen not just as addressing guilty parties' needs or revising their deficiencies, however as bridling and building up their qualities and resources. Comparable contentions are likewise found in 'qualities based' methodologies (Maruna and Lebel, 2003) which legitimize rehabilitation on the premise of the commitment the restored wrongdoer can make to the group, and the group's requirement for this commitment. 14 "Qualities based and remedial methodologies ask not what a