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
Conditional justice: therapeutic bail in Victoria
Two fundamental principles of the Australian criminal justice system are those of innocence before proven guilty and imprisonment as a last resort. Remand imprisonment challenges these two ideals; as such, it is deemed a measure of last resort. In recent decades the criminal justice system has seen a shift in the granting of bail, from ensuring court attendance to a risk management tool. In conjunction with this shift, remand rates in Australia have been trending upwards. In response to growing remand rates, therapeutic bail initiatives, implemented through the courts, have flourished in many jurisdictions. These initiatives claim to assist in reducing remand rates by targeting risk factors that may result in remand through therapeutic measures, such as drug and alcohol treatment, before a person’s case is heard in court. To date, little empirical, qualitative research has been conducted into the implementation and effect of these programmes, particularly on vulnerable people. This thesis aims to respond to this gap in scholarly research.

In this thesis I examine the use and effect of therapeutic bail conditions in the state of Victoria, to determine the ability of these processes to uphold the principle of remand as a last resort. This research draws on 33 interviews with key players in the bail and remand process, and observation of 117 bail and custody hearings in the Magistrates’ Court of Victoria. I argue that therapeutic bail lends legitimacy to the risk management processes that now dominate bail. I show how therapeutic bail is used as a management tool for people experiencing multiple markers of vulnerability. Punitive responses that flow from a failure to comply with therapeutic bail conditions illustrate the extension of penal power beyond the traditional realm of the prison institution and into pre-trial processes. Limited access to services further marginalises vulnerable people, increasing the possibility of experiencing therapeutic bail punitively. As a result, therapeutic bail support programmes may have punitive and net-widening effects, particularly on those most vulnerable in our community. This thesis provides theoretically grounded empirical research on therapeutic bail conditions in Victoria, an area that has so far escaped academic attention.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.