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Full-Text Articles in Law
Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan
Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan
Michael C. Dorf
No abstract provided.
The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns
The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns
Stacy Lee Burns
No abstract provided.
Theorizing Mental Health Courts, Lea Johnston
Theorizing Mental Health Courts, Lea Johnston
E. Lea Johnston
To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the two utilitarian justifications proposed by mental health court advocates—therapeutic jurisprudence and therapeutic rehabilitation—and finds both insufficient. Therapeutic jurisprudence is inadequate to justify mental health courts because of its inability, by definition, to resolve significant normative conflict. In essence, mental health courts express values fundamentally at odds with those underlying the traditional criminal justice system. Furthermore, the sufficiency of rehabilitation, as this concept appears to be defined by mental health court advocates, depends on the validity of …