Open Access Repository

Improving therapeutic outcomes for defendants : measuring the therapeutic contributions of legal actors

Waterworth, RK ORCID: 0000-0003-4486-4532 2021 , 'Improving therapeutic outcomes for defendants : measuring the therapeutic contributions of legal actors', PhD thesis, University of Tasmania.

[img]
Preview
PDF (Whole thesis (some published material removed))
Waterworth_whol...pdf | Download (5MB)

| Preview
[img] PDF (Whole thesis)
Waterworth_whol...pdf | Document not available for request/download
Full text restricted

Abstract

‘Improving therapeutic outcomes for defendants: measuring the therapeutic contributions of legal actors.’
The question of how to improve therapeutic outcomes for defendants with mental health concerns moving through criminal court systems is an enduring dilemma. Unfortunately, research suggests that mainstream criminal court experiences can themselves be criminogenic and the question becomes even more complex when dealing with individuals experiencing mental illness, social disadvantage, drug addiction, or other endemic social problems.
This thesis examines the possible methods of action within the court system to improve outcomes for the above identified group of defendants, firstly by reviewing the possibilities offered by legal reform, diversion to mental health and other services, and mainstreaming therapeutic jurisprudence principles to the magistrates criminal courts. After finding limitations to all in terms of the likelihood of non-optimal therapeutic outcomes, the thesis then focusses on how to utilise therapeutic jurisprudence principles to change the qualitative nature of court experiences so as to render them a powerful venue for therapeutic change themselves. This goal is realized by the development of a behavioural description of desirable magistrate behaviours when interacting with a defendant within a courtroom so as to have the best chance of facilitating therapeutic change for a defendant. This behavioural description is the first evidence-based description of its kind, derived from the literature on common denominators of therapeutic change, procedural justice and legitimacy of justice, and founded in ‘court craft’ descriptions of therapeutic jurisprudence.

Item Type: Thesis - PhD
Authors/Creators:Waterworth, RK
Keywords: Therapeutic jurisprudence (TJ), magistrate, problem solving courts, Legal Actor Contribution Scale
DOI / ID Number: https://doi.org/10.25959/100.00046039
Copyright Information:

Copyright 2021 the author

Additional Information:

Chapter 2 appears to be, in part, the equivalent of an accepted manuscript of an article published by Taylor & Francis in Psychiatry, psychology and law on 6 June 2017, available at: http://www.tandfonline.com/10.1080/13218719.2017.1327305

Another portion of chapter 2 appears to be the equivalent of a pre-print version of an article published as: Waterworth, R., 2021. The feasibility of mainstreaming therapeutic jurisprudence within the South-East Queensland magistrate's courts in 2021, 31, Journal of judicial administration, 71.

Chapter 3 appears to be, in part, the equivalent of an accepted manuscript of an article published by Taylor & Francis in Psychiatry, psychology and law on 2 July 2018, available at: http://www.tandfonline.com/10.1080/13218719.2018.1483273

Chapter 4 includes a reproduction of a published article: Waterworth, R., 2019. Measuring legal actor contributions in court: judges' roles, Therapeutic alliance and therapeutic change 28(4) Journal of judicial administration, 207. Page 118 of the thesis included permission from the publisher to include it in the thesis.

Chapter 2 appears to be, in part, the equivalent of a post-print, or in press version of an article published as: Waterworth, R., 2021. Development of a measurement tool for courtroom legal actor contributions: a Delphi tudy consulting the experts, Journal of judicial dministration, 31 Journal of judicial administration 17. It has been removed from the thesis for copyright reasons.

Related URLs:
Item Statistics: View statistics for this item

Actions (login required)

Item Control Page Item Control Page
TOP