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.
Linking drugs and criminal activity : developing an integrated monitoring system
Illicit drug policy often suffers from poor data. As a result, where limited resources should be invested and what differences they make in the long run are often the product of a hunch rather than fact. This paper seeks first to examine the utility of national statistical collections; second, to focus on national specialised collections; and finally, to suggest ways to build on current research collections to enhance the capacity of policy makers at all levels of government to tackle the problem of drugs and criminal activity.