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Expanding Therapeutic Jurisprudence Across the Federal Judiciary
Benjamin A Barsky1, Heather Ellis Cucolo2, Dominic A Sisti2
1Mr. Barsky is a Ph.D. Student in Health Policy at Harvard University, Cambridge, MA, and Legal Research Fellow at the Scattergood Program for Applied Ethics of Behavioral Health Care, University of Pennsylvania, PA. Ms. Cucolo is Distinguished Adjunct Professor of Law, New York Law School, New York, NY. Dr. Sisti is Assistant Professor, Department of Medical Ethics & Health Policy, Perelman School of Medicine, University of Pennsylvania, Philadelphia, PA. bbarsky@g.harvard.edu.
Federal problem-solving courts should expand to divert individuals with mental illness and substance use disorders from the criminal justice system. This expansion, guided by therapeutic jurisprudence, offers rehabilitation and signals judicial recognition of mental health care failures.
Area of Science:
- Criminal Justice
- Mental Health Law
- Public Health Policy
Background:
- Existing problem-solving courts divert individuals with mental illness and substance use disorders from the criminal justice system.
- Therapeutic jurisprudence offers a framework to maximize health benefits of legal policies and practices.
Purpose of the Study:
- Advocate for broader implementation of problem-solving courts, especially at the federal level.
- Expand access to rehabilitation and diversion programs for federal offenders with mental illness and substance use disorders.
Main Methods:
- This study presents a call to action based on existing literature and legal principles.
- It analyzes the potential benefits of applying therapeutic jurisprudence to federal problem-solving courts.
Main Results:
- Expanding federal problem-solving courts can improve outcomes for individuals with mental illness and substance use disorders.
- This expansion signifies judicial acknowledgment of deficiencies in federal inmate mental health care.
Conclusions:
- Broader implementation of federal problem-solving courts is essential for effective rehabilitation and diversion.
- Adopting therapeutic jurisprudence principles can lead to evidence-based interventions and improved mental health care within the federal justice system.
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