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Therapeutic Jurisprudence and Victims of Crime
Abstract
Therapeutic jurisprudence focuses attention on the emotional well-being of those who come into contact with law and the legal system. This book chapter discusses how therapeutic jurisprudence can contribute to our understanding of the plight of victims of crime and how the legal process can be re-imagined to facilitate their healing and human potential. It argues that the criminal process and the way police, judges, court personnel, prosecutors, and defense lawyers play their roles with regard to the victim of crime should be animated, in important part, by a concern for the needs of the victim.
... One key element of TJ is procedural justice, which focuses on the fairness of the process over the final outcome (Winick, 2011). Studies of procedural justice have demonstrated that when individuals are treated by the authorities with respect and consideration of their expressed opinions, they are more likely to accept unfavorable outcomes and will feel less coerced (Elliott et al., 2014;Lind & Tyler, 1988;Redlich & Han, 2014;Tyler & Lind, 1992). ...
... Studies of procedural justice have demonstrated that when individuals are treated by the authorities with respect and consideration of their expressed opinions, they are more likely to accept unfavorable outcomes and will feel less coerced (Elliott et al., 2014;Lind & Tyler, 1988;Redlich & Han, 2014;Tyler & Lind, 1992). People who are given a choice rather than being coerced are more satisfied and motivated to act (Winick, 2011). In the context of community notification meetings, residents whose voice is heard and who are given a choice over where the sex offender will reside will be more amenable to accepting the introduction of a sex offender in their community. ...
Sex offender registration and notification policies have been subject of much debate. Therapeutic jurisprudence (TJ) scholars in particular have called for the dismantling of many of these policies in light of their detrimental effect on sex offender rehabilitation and their ineffectiveness in promoting community safety. However, the impact of sex offender notification policies on community members has not been thoroughly explored from a TJ framework. This article addresses this gap by studying the impact of sex offender community notification meetings on meeting attendees, with special attention to the empowerment expectation of community members. Specifically, this project entailed a secondary analysis of Zevitz and Farkas’s (2000c) analysis of survey data (N=704 residents) from 21 community notification meetings conducted across Wisconsin in 1998. A more robust single- and multilevel multivariate analysis of the original data identified the true impact of specific predictors on attendees’ post-meeting concern level. Contrary to previous findings, results indicated that people who came into the meeting with empowerment expectations ended up being concerned, regardless of meeting content and organization and amount of information they received. In other words, rather than being empowered by information control, residents experienced frustration that led to anti-therapeutic outcomes from the meeting. In conclusion, this project sheds new light on the anti-therapeutic consequences of notification meetings for the community and calls for re-conceptualizing their purpose and content and/or adopting other mechanisms to handle sex offenders in the community.
Keywords: Therapeutic Jurisprudence, sex offender registration and notification, sex offender policy, community notification, empowerment, CoSA
... Nevertheless, it has been recognised that participation in the criminal justice system can actually have therapeutic consequences for victims of crime (can ameliorate psychological harm associated with victimisation and facilitate healing), with procedural justice being one of the key factors implicated in this process (Winick 2007). Procedural justice emphasises the fairness of the process by which decisions are made by authorities as opposed to distributive justice which is the fairness of the decision outcomes (Lind and Tyler 1988). ...
... The therapeutic value of the relational perspective on procedural justice may be associated with the belief that communicating to individuals that they are valued and respected by society has the potential to affirm their sense of dignity and self-worth. This may be particularly beneficial for victims of crime whose sense of self-esteem and self-efficacy may be undermined in the wake of what may be considered a demeaning and humiliating experience Winick 2007). Moreover, Sunshine and Tyler (2003) argue that for ordinary citizens, the police act as prototypical representatives of the moral values of society. ...
The vast majority of studies to date have documented a negative impact associated with contacts between the police and victims of crime. In contrast, this qualitative study examined how victim-police interactions, specifically perceptions of procedural justice (fair treatment by police) can help victims reduce the trauma associated with the crime and help them recover from the negative psychological consequences of victimisation experiences. In-depth interviews were conducted with 110 people who had reported a crime (personal or property) to the police during the previous year. The findings indicated that validation of victimisation experiences by the police was beneficial in addressing the negative psychological consequences of crime by giving victims a sense of closure, empowerment, and making them feel safer. Moreover, the validation of victimisation experiences by the police was vitally important to the victims of crime as it was seen as an indication of their value in and a broader validation from a wider community. This study suggests that the processes associated with reporting crimes to the police may be essential for the victims' recovery from their victimisation experiences. Implications for policy development are discussed.
... Envisioning law as an instrument of healing and rehabilitation, TJ has been particularly attentive to the emotional well-being of all parties caught up in the system, including victims. For victims, TJ holds the promise of ameliorating secondary victimization at all levels and stages of the criminal justice process (Winick 2011). ...
This chapter traces the changing role of victims in an adversarial criminal justice system. Adopting a historical perspective, the authors examine the impact of victim-centred reforms aimed at improving victim participation in a criminal process not designed to accommodate them. The chapter considers why these reforms have not fully realised their intended objectives and examines alternative ways in which the interests of victims can be integrated within a system of criminal justice. The authors contend that in the digital age, reconceptualising victims as ‘consumers’ of criminal justice services could yet provide a metaphoric shift in thinking, allowing victims to be better integrated into the system. Pointing towards other areas of public and private service delivery as illustrative, they maintain that a new consumerist perspective has made organisations more respectful, accountable and responsive to the needs of their increasingly empowered ‘customers’. They suggest that, at the very least, a ‘customer focus’ approach, including the use of ‘customer satisfaction surveys’, and ‘user-centred design’ approaches will make victims’ experiences more central, as well as enhance accountability for the way they are treated. The authors suggest that revisiting a consumerist approach could still address the crisis of trust in criminal justice systems, which are falling short of changing public expectations about the need for greater transparency, accountability and community engagement.
... To the contrary, the researches, till date, have been overwhelmingly focused on examining in the first place, the feasibility of TJ concepts with respect to issues that demands urgent attention. For example, Winick (2011) offers insights on how Therapeutic Jurisprudence can help the legal system to minimize the secondary victimization. With the greater prevalence and incidence of secondary victimization (Campbell & Raja, 1999;Condry, 2010;Halder & Jaishankar, 2011) of the crime victims within criminal justice system across the globe, secondary victimization was and still an important topic to address. ...
The exploitation of young female workers is rampant in the spinning and textile units of southern Tamil Nadu, India, under the notorious 'Sumangali Scheme', which has features similar to bonded labor. Until now, an increasing number of studies have been conducted to examine the characteristics of this abusive scheme, including the patterns of victimization and its subsequent effect on the physical health of sumangali workers. Yet, very little is known as to how legal procedures, and the roles or actions of legal actors within industrial courts, commonly known as labor courts, impacts the emotional life and psychological well being of these female laborers. In this chapter, we claim that sumangali victims often experience 'secondary victimization' as a result of their contact with labor courts, and most often, due to their relative failure to access labor courts. We aim to address these issues from TJ perspectives and provide suitable solutions that may reduce the incidence of secondary victimization (among the sumangali victims).
... To the contrary, the researches, till date, have been overwhelmingly focused on examining in the first place, the feasibility of TJ concepts with respect to issues that demands urgent attention. For example, Winick (2011) offers insights on how Therapeutic Jurisprudence can help the legal system to minimize the secondary victimization. With the greater prevalence and incidence of secondary victimization Condry, 2010;Halder & Jaishankar, 2011) of the crime victims within criminal justice system across the globe, secondary victimization was and still an important topic to address. ...
Law is a multi-dimensional aspect of modern society that constantly shifts and changes over time. In recent years, the practice of therapeutic jurisprudence has increased significantly as a valuable discipline. Therapeutic Jurisprudence and Overcoming Violence Against Women is a comprehensive reference source for the latest scholarly research on the strategic role of jurisprudential practices to benefit women and protect women’s rights. Highlighting a range of perspectives on topics such as reproductive rights, workplace safety, and victim-offender overlap, this book is ideally designed for academics, practitioners, policy makers, students, and practitioners seeking research on utilizing the law as a social force in modern times.
... Pastebėtina ir tai, jog vis dažniau mokslininkai bei praktikai akcentuoja šeimos skyrybų teisminio proceso kontraversiškumą, kuris pasireiškia tuo, jog iš vienos pusės toks procesas yra orientuotas į vienos iš šalių laimėjimą, o iš kitos pusės visi šiame procese dalyvaujantys specialistai yra sunerimę dėl priešiško bylinėjimosi daromos žalos pagrindiniams jo dalyviams (22). Pastarieji nuogąstavimai paremia ir pamatinę terapinės jurisprudencijos idėją, kad tiek veikiantys įstatymai, tiek būdai, kuriais jie yra taikomi teisėsaugos institucijų veikloje, daro įvairiapusį poveikį as-mens, dalyvaujančio teisės procesuose, psichinei ir fizinei sveikatai (30). Terapinė jurisprudencija padarė ženklų poveikį svarbiausioms teisės šakoms, iš jų taip pat ir šeimos teisei, bei paskatino naujas teisinės veiklos formas, pavyzdžiui, alternatyvų ginčų nagrinėjimą. ...
The number of high-conflict divorce cases with a need to determine child custody has recently increased in Lithuania. Therefore, child custody evaluations are assigned in order to assess not only child‘s emotional relationship with each of the parent or child‘s capability to express his own opinion in court but specialists in legal system have also started raising questions about parental alienation syndrome and it‘s manifestation in latter cases. This article shortly summarizes scientific literature which covers high-conflict divorce cases’ impact on psychological well-being of the child and disputing parties. Parental alienation syndrome assessment’s peculiarities and foreign legal system‘s practice in applying means of help in high-conflict ases are also discussed.
Legislators in Jamaica and Guyana were among the earliest in the Caribbean to enact procedural reforms to facilitate children and other vulnerable witnesses in court, reducing the risk of retraumatization through court participation and improving the quality of evidence they provide. This paper examines these legislative provisions, discussing their advantages and limitations in facilitating the unique needs, nuanced communication requirements, and enhanced vulnerabilities of children with intellectual disabilities. While these laws are helpful, they treat children as a homogenous group, thereby overlooking the barriers to access that can emerge for different groups. A more holistic approach, involving mental age assessments, the strategic use of intermediaries, and modifications to court language, are essential to making Caribbean courts more equitable spaces.
This collection engages with debates within ‘criminology’ about matters of colonial power, which have come to be conceptualized through the language of ‘decolonization’. It explores the uneasy relationship between the ‘criminal question’ and colonialism, and foregrounds the relevance of the legacies of this relationship to criminological enquiries. It invites and seeks to pursue a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalization on the other, by exposing the imprints of these links on processes of marginalization, racialization, and exclusion that are central to contemporary criminal justice practices within and beyond nation-states. It advances this objective by examining the reverberations of colonial history and logics in the operation of crime control. The volume also aims to explore the critical potential of criminological scholarship, as a field that sits at the margins of several disciplines and perspectives, through a direct engagement with Southern epistemologies and perspectives. To do so, it brings together established and emerging scholars from the humanities and social sciences, who work at the intersections of criminal justice and postcolonial studies.
Criminal victimization is a potentially traumatizing event that can threaten the belief in a just world (BJW). Unlike other kinds of victims, victims of crime are involved in criminal justice procedures. Therefore, the present study examined whether positive experiences in this process can buffer the threat of victimization on the BJW. We collected cross-sectional data from victims of various crimes from Germany and Lithuania (total N = 241). Results showed that victims of very severe crimes had a lower BJW than victims of less severe crimes, however, fair treatment (provision of information) moderated this relationship.
This paper discusses Restorative Justice in Brazil, based on research findings about the role of Judiciary in its implementation and impact in lives of victims and offenders. It discusses its therapeutic impact and the role of crime victims within such programs and practices. It demonstrates that Restorative Justice programs implemented by the Judiciary in Brazil are mainly devoted to restoring peace and harmony and preventing deterrence, resulting in practices which do not promote victims’ participation, empowerment or healing. Nevertheless, such practices demonstrated positive results in regard to participation of offenders and their community. It concludes that Brazil has its own way of implementing restorative justice. Finally, suggests alternatives to enhance victims’ participation in the Restorative Justice in Brazil and to enlarge its application, with a focus on victims’ needs.
Abstract:
Recent years have seen developments in the affective function and textual form of Victim Impact Statements (VIS). First introduced in South Australia with the legislative institution of a new Act – the Criminal Law (sentencing) bill – taking effect in January 1989, VIS have since been adopted by almost every Australian state and territory as material tendered before the court by prosecutors for the purposes of informing the judge of the degree and extent of any loss or damage to property or any physical or mental harm, suffered by a victim as a result of a crime. In this paper, I explore the creative form VISs can take by looking specifically at examples of poetry as VIS. Presenting victims’ accounts of emotional and physical suffering using the form of poetry tracks affective shifts in the cultural expression of emotion and the political forums in which such expressions
emerge publicly. From the perspective of humanism, I argue the poetry found in VISs present dual functions, both affective and rational.
After World War II, the role of the victim in criminal proceedings became an object of interest for academics.1 In the 1960s the importance of providing protection for crime victims was highlighted. Gradually victim support programmes started to emerge. Between 1965 and 1975, during the first wave of the victims’ movements,2 special services for categories of victims such as battered children and survivors of concentration camps were established.
Police officers receive little or no training to conduct interviews with cooperative witnesses, and as a result they conduct interviews poorly, eliciting less information than is available and providing little support to assist victims overcome psychological problems that may have arisen from the crime. We analyze the components of a typical police interview that limits the amount of information witnesses communicate, and which militate against victims' overcoming psychological problems. We then describe an alternative interviewing protocol, the Cognitive Interview, which enhances witness recollection and also likely contributes to victims' well being. The component elements of the Cognitive Interview are described, with emphasis on those elements that likely promote better witness recollection and also help to assist victims' psychological health.
In less than a decade, therapeutic jurisprudence, which began as a scholarly approach to mental health law, has emerged as a mental health approach to law generally. In this essay, one of the founders of this new field offers a further elaboration of the theory of therapeutic jurisprudence and a response to the key issues raised by commentators and critics. This essay discusses the relationship between therapeutic jurisprudence and other schools of jurisprudence and analyzes the approach's normative focus and its limits. It also addresses how "therapeutic" should be defined, whether the approach is paternalistic, whether the limits of social science methodology doom the enterprise, how therapeutic and other potentially conflicting values can be reconciled, and how the law should respond when such conflicts persist. Finally, the essay charts the path of therapeutic jurisprudence and analyzes new developments in the field. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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The Implication of Therapeutic Jurisprudence for Judicial Satisfaction
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