S P E C I A L I S S U E
O V E R V I E W
uickly complete this sentence: rather informs and in so doing provides the defendant to confront his or her
addiction openly, the judge misses a crit-
siderations enter into the mix to balance
thought “to heal,” close this journal and
TJ because—like it or not—the law does
consequences. This is empirical fact.
The topic of this special issue of Court
is “Therapeutic Jurisprudence,”
single definition of TJ captures it fully.
judges to accept “no contest” or nolo
pleas in sex offense cases in
lieu of a guilty plea. TJ will not dictate
TJ: “the use of social science to study the
whether a judge should do this or not. It
will, rather, ask the judge to consider the
well-being of the people it affects.”1 It is
mistake would be a therapeutic event.
the study of the role of law as a healing
agent, and it offers fresh insights into the
sex offenders a nolo
plea may reinforce a
process of denial that will frustrate the
offender’s rehabilitation. If the offender
insured and the insurer: a non-privileged
laws as well as the roles and behavior of
later to a probation officer or sex abuse
coup de grace
. The anti-therapeutic
quences such as frustration of rehabilita-
result, however, can be that the patient is
to identify the potential effects of pro-
result from the judge’s acceptance of the
not take necessary steps to cleanse his or
her mind and return to productive work.
by the law into a position of denial, the
“ethic of care” to those affected.
tions or override important societal val-
an addict or alcoholic usually must over-
of speech and press. It suggests, rather,
affliction with an uncontrollable disease,
without “trumping” the established legal
action and methods to evaluate it. TJ is,
therefore, not merely a speculative exer-
cise, but rather action-oriented. It seeks
that a proposal may cause unwittingly.
whatever reason, a judge accepts a nolo
1. Christopher Slobogin, Therapeutic Jurisprudence: Five Dilemmas to
1 PSYCHOL., PUB. POL. AND LAW 193, 196 (1995).
Court Review - Spring 2000
with what I call “good faith conferences.”
areas to demonstrate how TJ applies.
noted that the practical necessities of the
to routinely accept nolo
pleas in felony
times have always shaped the rules of law
including the plaintiff or the family of the
deceased and the physician-defendant.
ing of the National Association for Court
with a guilty plea. The attorneys prepare
their clients for this in advance if they
other occurred in the office of a neutral,
experienced personal injury attorney. All
course, the significant role lawyers play
issues facing the courts in the future.5 In
to prepare clients for therapeutic or anti-
Bar Association Journal
noted public dissatisfaction with the jus-
apply a more therapeutic approach to lit-
ted the crime. Nor have I received a sin-
igation so that the parties’ feelings of
pleas. As a result, at sen-
everything from the physician’s attitude
more effectively with the reality of their
solving” orientation to their responsibil-
drug treatment court in my community.
nificant litigant needs and is worth fur-
A drug court diverts certain non-violent,
from the traditional adversarial criminal
are mainstream. They do give a fresh per-
responsibility for the enforcement of its
judges): “Discourage litigation. Persuade
or unresponsive to realities that cause its
pants is less than 15%. For graduates, it
spoke of “sociological jurisprudence,”
apply TJ principles to criminal justice.
effects it creates.3 Oliver Wendell Holmes
2. Abraham Lincoln, in
QUOTE IT! MEMORABLE LEGAL QUOTATIONS,
7. David Rottman & Pamela Casey, A New Role for Courts?,
3. Roscoe Pound, The Scope and Purpose of Sociological Jurisprudence
8. TRIAL COURT PERFORMANCE STANDARDS WITH COMMENTARY 16
4. Oliver Wendell Holmes, in
THE SOCIOLOGY OF LAW 4 (James Simon,
(Bureau of Justice Assistance, 1997). For more information about
the Trial Court Performance Standards, see
Pamela Casey, Defining
5. Francis Gavin and James Thomas, The Top Ten Issues Facing State
Optimal Court Performance: The Trial Court Performance Standards
Courts in 1996 and What You Can Do About Them,
COURT REVIEW, Winter 1998 at 24 [available on the Web at
Eleventh Annual Conference, National Association for Court
Management, Albuquerque, New Mexico, July 18, 1996.
6. Richard Reuben, The Lawyer Turns Peacemaker
, 82 A.B.A. J.,
Spring 2000 - Court Review 5
ing.”11 That healing role is at the heart
that come to light in legal trappings.
tice.12 He called for “involved judging”
we will have failed in our responsibility
‘therapeutic jurisprudence.’”13 He rec-
reality” for most judges.14 Yet he point-
tem we supervise. We’ll deserve it.
leadership in this movement. Judith S.
unless we craft our own response, it will
she called “hands-on courts.” She made
crucial value for critical thinking.
of adversarial representation and
law reviews, and made presentations on
relationships, in which argument rises to
substance abuse and criminal justice, drug
Jurisprudence. Judge Schma has presided
values that the legal system need not and
over the Kalamazoo County Substance
Abuse Diversion Program, a diversion pro-
social harmony, and the ethic of care. TJ
gram for felony substance abusers. He is a
described this same role this way: “One
is receiving attention precisely because it
thinks of justice in the context of deter-
Association of Drug Court Professionals,
rents, of retribution. But too infrequent-
and he is past president of the Michigan
ly is justice looked at as a form of heal-
Association of Drug Court Professionals.
9. TRIAL COURT PERFORMANCE STANDARDS WITH COMMENTARY, supra
10. Judith S. Kaye, Making the Case for Hands On Courts
Oct. 11, 1999, at 13 [available on the Web at
h t t p : / / w w w. n e w s w e e k . c o m / n w - s r v / p r i n t e d / u s /
16. David Wexler, Therapeutic Jurisprudence and the Culture of
dept/my/my0115_1.htm (last visited March 26, 2000)].
, 10 J. CONTEMP. LEGAL ISSUES 263 (1999).
11. Richard Goldston, speech given at the Holocaust Museum,
17. Zimmerman, supra
note 12, at 110 (“We can choose to be the
agents of innovation, or the subjects of innovation.”).
12. Michael Zimmerman, A New Approach to Court Reform
• David Rottman for assisting with the editing chores for this special issue• David Wexler and Bruce Winick for helping to identify potential authors
for this issue and otherwise lending their encouragement
• Lynn Grimes for helping coordinate all of the people and paper
Court Review - Spring 2000
FITNESS PADDLERS AUSTRALIA (FPA) - TIME TRIALS & EVENTS MEDICAL INFORMATION FORM NAME: Surname: ………………………………….…………….… Given / Preferred Name:….……………………………………. HOME ADDRESS: ……………………………………….………………………………………………………………………………. Suburb
CAMAG APPLICATION NOTES ARRANGED IN CLASSIFICATION SECTIONS I Quantitative determinations Biochemical research / biotechnology A-51.1 - Methionine (in fermentation broth) A-76.1 - Rape seed oil in fermentation broth Clinical A-01.4 - Carbamazepine and two of its metabolites in serum A-04.2 - Diazepam trace analysis of by-products in the ppm range * A-21.1 - Inorganic and or