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.

Summary

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.

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