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Seattle University Collaborative Projects - International Academy of ...

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system. Implementing the theories <strong>of</strong> therapeutic jurisprudence can assist in dealing with peoplewho are generally suffering from mental health issues, substance addiction and other issuesassociated with socio economic environments. Dealing with people in the courts is more than away <strong>of</strong> speaking and addressing them but <strong>of</strong>fering real opportunity for change and providingavenues for achieving long term change. Specialist courts abound but are largely reserved forthose entrenched in the system or at the main courts. This paper seeks to address the optionsopen to small local (and <strong>of</strong>ten little resourced) courts. Delaying sentencing and devising bailprogrammes encourages <strong>of</strong>fenders to find an avenue to step up and make some change can go along way to changing the direction <strong>of</strong> their lives. Whether it be through literacy programmes,school attendance, driver courses, pre vocational courses, giving the <strong>of</strong>fender the opportunity tocommit to the first step <strong>of</strong>ten leads to a sense <strong>of</strong> self esteem and a realisation <strong>of</strong> potential that canbe built upon in a sentencing regime. Therapeutic jurisprudence is an avenue to unleash potentialfor real change and through practical measures can realise that potential. Utilising it at theearliest opportunity can only lead to real benefits for <strong>of</strong>fenders but also the community.What are the Prospects for the Utilization <strong>of</strong> Therapeutic Principles in theTreatment <strong>of</strong> Anti-Social Behaviour Cases in the Courts in England and Wales?Jane Donoghue, <strong>University</strong> <strong>of</strong> Oxford (jane.donoghue@crim.ox.ac.uk)Anti-social behaviour and community disorder has been a central political and policypreoccupation in Britain for over a decade. A problem-solving approach to anti-social behaviour(ASB) cases has recently been embedded into magistrates’ courts in England and Wales. Thisapproach incorporates core components <strong>of</strong> the Anti- Social Behaviour Response Court (ASBRC)model and is underpinned by principles <strong>of</strong> community justice and therapeutic jurisprudence. Thispaper summarizes some <strong>of</strong> the main findings <strong>of</strong> an 18-month Economic and Social ResearchCouncil (ESRC) funded study that investigated how far the ASBRC model has been absorbedinto mainstream courts in England and Wales. This research suggests that courts have notembedded community justice/therapeutic principles, nor have they altered their focus toincorporate a significant degree <strong>of</strong> liaison with the community. The paper concludes with someobservations on the implications <strong>of</strong> the findings for the development and enhancement <strong>of</strong>therapeutic justice principles in the lower courts in Britain.Solution Focus in the Netherlands: Recent developments in Dutch criminal, civiland administrative courtsAndrea Zwart-Hink, VU <strong>University</strong> (a.m.hink@vu.nl)In the Netherlands one can clearly discern the same kind <strong>of</strong> activities and developments thatelsewhere are labeled ‘problem solving’ or ‘solution focused’, such as court annexed mediation,restorative justice initiatives in the field <strong>of</strong> criminal law, mediation and collaborative divorce in470

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