Can the criminal law ever be therapeutic?

Abstract

This paper addresses the question of whether criminal law, especially in its sentencing and penological aspects, can be adjusted in its workings to incorporate the perspective of therapeutic jurisprudence. A conceptual framework developed by Wexler, Winick, and their colleagues is employed to provide a basis for reflection on the operation and impact of sentencing processes. Of considerable importance in this exercise is a mounting volume of evidence concerning the outcomes of work with adjudicated offenders, which illustrates the potential of psycho-educational, behavioral-cognitive skills-training, and therapeutic programs for reduction of recidivism. Such intervention programs are currently offered within the limits set by, but are not intrinsic components of, judicial decisions. The psycho-legal implications of these findings are discussed and some possibilities surveyed for tentative exploration of actively therapeutic departures within crimino-legal decision-making.

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