Australian Magistrates, Therapeutic Jurisprudence and Social Change
Therapeutic jurisprudence (TJ) is an orientation to decision-making that is attracting interest amongst some judicial officers and courts. A TJ approach emphasises the quality of the interaction between judicial officers and the individuals who appear before them, which is enhanced by direct engagement, empathy and communication. Drawing on a national survey of Australian magistrates, this paper shows that many magistrates are concerned to make a difference to the operation of the courts and those who use them. Magistrates identify many of the qualities and values associated with a TJ approach as important aspects of their work or as the characteristics of a good magistrate, regardless of whether they explicitly or consciously adopt a TJ orientation. There is also some evidence that the capacity to interact positively with citizens is a source of job satisfaction for some magistrates. However, the limited capacity in their current position to contribute to change in the court system is a source of dissatisfaction for many magistrates. Therapeutic jurisprudence (TJ) is an orientation to decision-making that is attracting interest amongst judicial officers, especially those in the lower courts, both in Australia and overseas. A TJ approach focuses on the quality of the interaction between judicial officers and the individuals who appear before them, with an emphasis on direct engagement, empathy and communication. The core idea is that legal processes have the potential for positive impact on the physical and psychological well being of participants, perhaps ultimately contributing to progressive social change. This paper examines the TJ implications in individual magistrates‟ orientation to their work in two ways. First, drawing on a national survey of Australian
Children’s Court Magistrates’ Views of Restorative Justice and Therapeutic Jurisprudence Measures for Young Offenders
Restorative justice and therapeutic jurisprudence measures have recently been introduced into youth justice systems. As gatekeepers to these measures, Children’s Court magistrates play a crucial role in their success. However, little research has been undertaken on magistrates’ views of these measures. This article addresses this gap by presenting results of interviews undertaken with Children’s Court magistrates in New South Wales, Australia. Our research suggests that magistrates are enthusiastic about the philosophy of both restorative and therapeutic measures, but are reluctant to embrace them if they consider them under-resourced, poorly understood and/or poorly implemented. The implications of these findings are discussed.
Reconceptualizing Vagrancy and Reconstructing the Vagrant: A Socio-Legal Analysis of Criminal Law Reform in Canada, 1953-1972
This article explores significant reforms to the vagrancy section of the Criminal Code during the mid-to-late twentieth century. By locating the reforms within their unique social, political, and economic climates, I examine how they reconceptualized the offence of vagrancy and concomitantly reconstructed the vagrant as a social problem. The reforms played a seminal role in reducing the number of vagrancy offences, eventually leading to the demise of vagrancy in the criminal law. Yet, while the "vagrant" ceased to exist in the law, the law still continues to preserve vestiges of the vagrant in a highly gendered manner.