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Seattle University Collaborative Projects - International Academy of ...

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Could Problem Solving Become a Problem? The Boundaries <strong>of</strong> the SolutionFocus <strong>of</strong> Courts and Fundamental Principles <strong>of</strong> Administration <strong>of</strong> JusticeDineke de Groot, VU <strong>University</strong> (g.de.groot@vu.nl)As mainstream courts are adopting more and more elements <strong>of</strong> conflict resolution in theirpractices, the question arises whether it could become necessary to keep these developmentswithin the boundaries <strong>of</strong> the fundamental principles <strong>of</strong> administration <strong>of</strong> justice. This paperpresents the preliminary results <strong>of</strong> an explorative study consisting <strong>of</strong> a literature study and expertmeetings held among the judiciary.196. Lessons <strong>of</strong> TJ for Courts Beyond Problem-Solving CourtsIntroducing Therapeutic Jurisprudence into Mainstream Criminal Courts: ACase Study ApproachIan Dearden, District Court, Queensland, Australia (judge.dearden@courts.qld.gov.au)The challenge for therapeutic jurisprudence (TJ) has been to persuade mainstream criminal courtparticipants (judges, prosecutors, defence lawyers) <strong>of</strong> the obvious benefits TJ brings to the dailycourt process. In part, this stems from a lack <strong>of</strong> understanding <strong>of</strong> what TJ has to <strong>of</strong>fer, oralternatively, an attitude that TJ is <strong>of</strong> value only in specialist jurisdictions (drug courts, mentalhealth courts, indigenous & special purposes courts etc). As a judge managing a high turnoverregional “docket” court in a socio-economically challenged district just outside a major capitalcity, I have been able to strike a balance between swiftly and efficiently disposing <strong>of</strong> the court’scriminal matters, while seeking throughout the judicial administration process, and the casedisposition proceedings, to apply TJ principles at each step. Utilising actual case studies, I seekto demonstrate the relative ease with which TJ principles can be incorporated into all aspects <strong>of</strong>such a busy, indictable criminal court caseload, and the resulting benefits for all legal actors andcourt participants (judicial <strong>of</strong>ficers included!) It is hoped that this will assist others consideringincorporating TJ into their administrative and judicial duties.Therapeutic Jurisprudence: Action as Well as WordsMaxine Baldwin, Gympie Magistrate Court, Australia (Magistrate.Baldwin@courts.qld.gov.au)The use <strong>of</strong> therapeutic jurisprudence in the Magistrates Court is vital as it is the first point <strong>of</strong>contact for many <strong>of</strong>fenders and <strong>of</strong>ten the beginning <strong>of</strong> a long association with the criminal justice469

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