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... Here psychological (as well as physical) stress obviously derives from the accident or alleged negligence itself. The litigation process itself, however, can be an additional source of posttraumatic stress, as Winick (2000) and many others, going back at least to Learned Hand (1926), have observed. Although the empirical studies reviewed by Shuman (1996) were on the whole inconclusive, more recent data support the proposition that being a personal injury plaintiff may be hazardous to your health. ...
... Why might this be so? Among other reasons, the long delays in obtaining compensation can be stressful and divert resources and attention that could otherwise be devoted to recovery; the adversarial nature and the formalization and professionalization of litigation discourage injurers from providing the kind of face-to-face resolution (e.g., expressions of regret and apologies) that victims may need for psychological healing; and the money damages that are typically the sole object of litigation may fail to address the intangible consequences of serious injury (Greene, 2008; see also Winick, 2000). Another interesting possibility, put forward by Hardy (2005), is that personal injury litigants tend to fashion their story of the accident as a melodrama because that encourages third parties (including judges and jurors) to assign legal responsibility for their plight to the "bad guy" defendant rather than the claimant (Feigenson, 2000). ...
... A day-in-the-life movie could yield several therapeutic benefits, although it must be noted that none of these hypotheses have been empirically tested (see Greene, 2008). It provides the plaintiff, who may be uncomfortable speaking in court in the best of circumstances (see Winick, 2000) but may be further abashed by having to perform in a debilitated condition, with an opportunity to have his or her story presented vividly and compellingly in an important public forum. It may provide her with the satisfaction of knowing that the judge and jurors will be able to see for themselves what her daily struggles are like, and not be left to use their imaginations (which, as a basis for judgment, may be more prone to be influenced by subconscious antiplaintiff biases; on which see, e.g., Feigenson, Park & Salovey, 1997). ...
The effects of audiovisual communications on the emotional and psychological well-being of participants in the legal system have not been previously examined. Using as a framework for analysis what Slobogin (1996) calls internal balancing (of therapeutic versus antitherapeutic effects) and external balancing (of therapeutic jurisprudence [TJ] effects versus effects on other legal values), this brief paper discusses three examples that suggest the complexity of evaluating courtroom audiovisuals in TJ terms. In each instance, audiovisual displays that are admissible based on their arguable probative or explanatory value - day-in-the-life movies, victim impact videos, and computer simulations of litigated events - might well reduce stress and thus improve the psychological well-being of personal injury plaintiffs, survivors, and jurors, respectively. In each situation, however, other emotional and cognitive effects may prove antitherapeutic for the target or other participants, and/or may undermine other important values including outcome accuracy, fairness, and even the conception of the legal decision maker as a moral actor.
... Thera - peutic jurisprudence practitioners consider the law ' s impact on emotional life and psy - chological well - being and view the law as a therapeutic agent ( Wexler , 2000 ) . Winick ( 2000 ) described TJ as an interdisciplinary approach in which the law is viewed as having a healing potential . Shepherd et al . ...
... Such attitudes indicate a positive demeanour on the part of police officers who understand crime victims ' sit - uation ( Stephens & Sinden , 2000 ) . Accord - ing to the TJ approach , certain attitudes may facilitate crime victims ' psychological well - being and may be a first step in the healing process ( Wexler , 2000 ; Winick , 2000 ) . The means of perceived attitudes ( ie calmness , obliging , cooperative , helpfulness , empathic and positive ) indicate a general feature of more accommodating demeanour than repudiating ( ie condemnation , indif - ference , unemotionally , formal and non - accessibility ) approaches on the part of police interviewers . ...
This research concerns crime victims’ experiences of Swedish police interviews and their inclination to provide or omit information in such interviews. A group of rape or aggravated assault victims, consisting of 178 women and men, answered a questionnaire in this explorative study, which revealed that police officer behaviour in interviews was mainly calm and obliging. Results from factor analyses show that these crime victims perceived
police attitudes to be characterised by either dominance or humanity. While being interviewed, crime victims either responded with feelings of anxiety or feelings of being respected, the latter of which encouraged them to be cooperative. Logistic regressions
revealed that interviews marked by dominance and responses of anxiety are significantly associated with crime victims who omit information. Interviews marked by humanity, responses of feeling respected, and cooperation are significantly associated with
crime victims who provide information.
... In addition, a trustworthy company is one which is impartial with users, not a company which does not experience any dispute or problem with its users. 124 Indeed, a pattern of predictable behaviour is part of trust. ...
The need for an appropriate jurisdiction for electronic commerce disputes has led to the well-established mechanism for solving disputes through the internet known as the Online Dispute Resolution (ODR). Currently, there is no universal agreement about the concept of trust in ODR systems, although this issue has been widely discussed in the field of Alternative Dispute Resolution (ADR). The current study aimed to develop a set of standards to enhance trust and confidence in using ODR systems. In this study, we have adopted a new approach in the ODR field, and no similar research has been conducted. This study used a quantitative (online survey) and mainly qualitative approach (interview) for gathering data. After analysing data, this research identified three elements as standards to measure trust in ODR systems including knowledge, expectations of fairness and code of ethics. Finally, our findings provide several practical and methodological implications. © 2019 The Author(s) (2019). Published by Oxford University Press.
... The nature of the refugee's experience of reaching the UK, their continued separation from their fam-51 Which may lead to "strongly negative emotional reactions that diminish the client's psychological wellbeing." Winick (2000), at p. 108. 52 Patry (1998). ...
This paper aims to highlight some of the key issues surrounding the development and application of immigration law as it applies in the United Kingdom (UK) to refugees attempting to be reunited with their families living abroad. The right for refugees to be reunited with their families is enshrined in international law, but this is frequently frustrated by the legal and administrative systems used in the UK. Using content analysis and doctrinal analysis techniques,the paper provides an examination of how a philosophy which considers the emotional effects of the law, therapeutic jurisprudence, could be used not only to inform interpretation of current domestic laws, but also influence the drafting of future legislation. This is an aspect of current refugee law in the United Kingdom which has yet to be examined. It provides, we argue, a humanitarian direction to statutory interpretation which may provide tangible benefits to current and proposed legal systems.
... Additionally, Benneworth (2003) demonstrated, in line with the humanitarian approach, that a police officer who uses open-ended questions about relationships and assists the offender in recreating an emotional history facilitates admission. Such an approach enhances the individual's prospects for rehabilitation and psychological well-being, which is in line with TJ (Petrucci et al., 2003;Wexler, 1996aWexler, , 1996bWexler, , 1996cWexler, , 2000Winick, 2000). ...
IntroductionThe Case of BertDominant and Humanitarian InterviewingTherapeutic JurisprudenceWell-Being and Sense of CoherenceSense of Coherence in Murderers and Sexual OffendersSummaryAcknowledgementsReferences
... The humanitarian interviewing attitude is consistent with previous research supporting the establishment of rapport to gather information from crime victims (see Fisher & Geiselman, 1992; Milne & Bull, 1999; Shepherd, 1991; Shepherd & Milne, 1999;). A humanitarian interviewing style is also in line with the therapeutic jurisprudential approach aiming to facilitate crime victims' psychological well-being, and as such, may be a first step in a healing process (Wexler, 2000; Winick, 2000). On the other hand, when the crime victims experienced a dominant interviewing style and responses of anxiety, it was found to be related to the victims consciously omitting information in the police interview. ...
Thesis (doctoral)--Stockholm University, 2004.
The Colombian prison system has a high number of people linked to the phenomenon of drug crimes, which has a negative impact on the entire system for the execution of criminal sanctions. This article shows, on the one hand, the need to design and implement a model of Therapeutic Justice and a Drug Treatment Court for incarcerated individuals in Colombia with substance-related disorders. This model emerges as an alternative to criminal treatment to reduce prison overcrowding and recidivism in the prison system. On the other hand, this article seeks the transformation of criminal policy and the resolution of some serious problems of this system. The method used to achieve the objective was the hermeneutic methodstarting from the general diagnosis of the prison system on the care of the population with substance-related disorders, the analysis of TJ as an alternative to criminal treatment and the formulation of some basic assumptions for the design of the model. Based on the diagnosis and discussions of this investigation, it was possible to conclude that the health service currently available to the population deprived of liberty in Colombia is disjointed and dispersed in various institutions, which makes it difficult to care for and effectively rehabilitate those with disorders related to substances, so the alternative proposed in this article consists of the implementation of a model of TJ and TTD in Colombia, which would promote the humanization of the penitentiary system, dignify the population deprived of liberty and would become a model that guarantee fundamental rights and an effective tool for those who suffer from substance-related disorders.
Arguments for reform of the dynamic of medical negligence litigation in Ireland frequently centre on temporal and financial concerns. However, as the field of law and psychology has continued to grow, a body of international literature has emerged which recognises that litigation can have a destructive emotional impact on its participants, particularly in the context of medical negligence disputes.
This paper contributes to the discourse on law-caused harms through a critical exploration of the emotional burdens of medical negligence litigation from the perspective of both the plaintiff and medical practitioner, with reference to the findings of an empirical study (interviews with barristers, patient support groups, and medical professional bodies) and the literature. Whilst the temporal and financial efficiency of medical negligence litigation is important, if litigation can cause emotional harm, this should be considered a serious, undesirable effect of the traditional adversarial process, and may have broader implications for reform in this area.
There appears to be a prevalent notion that the United States is a highly litigious society, and that individuals sue without considering the tangible and intangible costs of litigation. Such perceptions are one of the many stressors that litigants face. Social scientists and legal researchers are gaining a better understanding of the personal, psychological, and economic stressors that accompany litigation. This chapter focuses on the entire process of litigation-from the initial decision to sue to post-settlement or verdict-from the civil plaintiff's perspective. In doing so, it highlights the factors that shape the plaintiff's experience, particularly those that influence the stress and trauma of the litigation process. The chapter concludes by offering several suggestions for ways in which the legal system and its actors may minimize stressors and improve the psychological wellbeing of civil plaintiffs.
Nearly ninety-five percent of all civil suits are settled outside the courts. Thus, a vast majority of litigation is resolved outside a system with controls for fairness and equity. Judges and legislators rely on standard economic theory, which suggests that litigants are rational actors seeking to optimize their self-interest, and assume that litigants will negotiate an efficient, equitable result outside the confines of the judiciary. While this seems rather intuitive, this simple assumption is largely unfounded. This Comment, utilizing prospect theory, suggests that litigants are subject to a wide range of decision-making biases that affect their ability to reach economically rational and efficient settlements. These inherent psychological biases result in suboptimal, and ultimately unfair, civil settlements for all parties involved. This Comment proceeds to suggest that the use of third-party mediation promotes fairness and economic efficiency and eliminates many of the inherent biases that plague traditional civil settlement negotiations. As such, courts and legislatures should attempt to increase the use of mediation in settling civil disputes.
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.
The extraordinary litigation in 1944 that enveloped Sir William Dobell, one of Australia's best known artists, ostensibly addressed whether his painting of a fellow artist, Joshua Smith, constituted a portrait or a caricature and thus whether it qualified for the prestigious Archibald Prize. However, there was much more to the litigation than a clash between modernism and traditionalism in portraiture. It constituted an archetypal example of the ways in which litigation can have counter-therapeutic effects for all who are party to it unless suitable prophylactic measures are taken or at least strategies are exercised to reduce its toxicity.
This article provides practical suggestions to assist attorneys in their representation of combat veterans with Posttraumatic Stress Disorder (PTSD) who encounter the forensic stress of litigation. The article considers permissible methods to respond to a client's stress responses that remain within the attorney's responsibilities under the Model Rules of Professional Conduct without transforming the attorney into a social worker. The article also discusses the hallmarks of competent collaboration with mental health professionals when representing clients with PTSD. In addition to applied examples of PTSD trigger awareness plans and other practical tools, the article identifies state psychology licensing boards that permit attorneys to engage in work of a psychological nature without psychology licenses and the standards under which such exceptions apply.
Therapeutic jurisprudence is an innovative, interdisciplinary field that integrates law and the social sciences by studying the role of law as a therapeutic agent. Therapeutic jurisprudence (TJ) acknowledges that law is a social force with inevitable effects on the mental health and psychological functioning of people. TJ recognizes that legal rules, legal procedures, and legal actors intentionally or unintentionally produce therapeutic or antitherapeutic consequences. TJ explicitly seeks to maximize the therapeutic consequences and minimize any countertherapeutic effects, so long as due process and other important values are fully respected. It therefore focuses on individuals' psychological and emotional well-being. TJ is equally relevant to legal reform, legislative efforts, appellate courts' opinions, lawyering methods and strategies, and the work of judges, police officers, and probation officers. TJ's insights have led to proposals for new laws, for changes in the way judges, lawyers, and other legal actors interact with others, and for changes in the processes by which existing laws are administered, applied, and enforced. TJ's applications have expanded from traditional mental health topics such as the insanity plea, civil commitment, the right to refuse mental health treatment, and competence to stand trial to many substantive areas such as: correctional law, criminal law, family law, juvenile law, disability law, labor and employment law, health law, evidence law, personal injury law, contract law, commercial law, probate law, the legal profession, mediation, and alternative dispute resolution. This chapter reviews the vast literature on TJ and explores its insights, challenges, and future.
This article discusses the cultural challenge posed by the provision of legal assistance to victims of domestic violence from among cultural minority groups. Due to the special nature of these groups, this kind of legal assistance must take regard of the particular cultural world of each victim, of her 'otherness', and of her special needs that require creative solutions. The article describes the dilemmas faced by lawyers who assist victims of domestic violence, which are greatly amplified when the latter come from cultural minority groups. Against this complex background, the aim of the article is to structure an innovative effective model of 'culture-sensitive' cause lawyering, based in part on principles drawn from models prevalent in the therapeutic field. This proposed model is accompanied by examples illustrating the need to place emphasis - already in the framework of theoretical and clinical legal education - on the development of skills and competencies borrowed in part from the therapeutic professions. The exposure of future lawyers to this 'other' conception of lawyering and the discovery of the other inside us, already in the early stages of legal education, has the potential to transform the law into a more humane and accessible social tool for the client. This approach accords with the perception of the law as an agent of therapeutic value to its audiences - a view which draws upon Therapeutic Jurisprudence and which runs like a thread throughout the article.
This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next follows a discussion of how normatively compatible a pedagogy of public citizenship and community is with traditional notions of the lawyering process and the adversary system. Additionally, the Essay explores the functional compatibility of public citizenship and community values with the current model of legal education. The issue of functional compatibility gains particular importance in light of recent and widening calls for institutional reform in legal education. The hope is to transform conventional notions of lawyer role and function in the adversary system and then, with those transformed notions in mind, restructure the curricular form and content of contemporary legal education to better serve communities in need through mindfulness and spirituality.
The law on the protection of human subjects in biomedical and behavioral research remains unclear for research subjects of reduced capacity. Regulations of the U.S. Department of Health and Human Services fail to address many of the key issues. Federal regulations prohibit participation in research unless the investigator has obtained a legally effective informed consent of the subject or the subject's legally authorized representative. When the individual is not competent to provide informed consent, the key question is when his representative can consent on his behalf. Few people execute advance directive instruments, and even those who do rarely deal with future participation in research. Research is much needed to increase understanding of conditions such as Alzheimer's disease and chronic mental illness. Yet, many individuals in these categories will not possess sufficient competence to decide on research participation for themselves. This article argues for a relaxation of traditional competency rules in this area so as to facilitate increased research. While strong utilitarian considerations argue for expansion of the opportunities for research with these populations, the traditional value we place on the protection of human rights and dignity justifies imposing restrictions on such participation. When an individual is unable to comprehend the risks and rationally decide, society is generally reluctant and even unwilling to permit participation. This article contends that the debate has insufficiently taken into account an important consideration - the therapeutic dimension. By focusing attention on the therapeutic jurisprudence considerations that participation in research raises, this article seeks to clarify the debate.
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